How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

My ex-girlfriend removed property from my home without

Customer Question

My ex-girlfriend removed property from my home without permission and is now refusing to return it. It included furniture and fittings of a value up to £7,500. I spoke to the police but they said it was a domestic matter. Can I make a claim against her in the small claims or magistrates court for the return of my property?

This happened in 2009, is there a statute of limitations or does the fact that I have already asked her to return my property via a letter from my solicitor on the 4th March 2009 (to which I have never received a reply) void any statute of limitation problems?

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Is it joint property or solely belongs to you?

JACUSTOMER-l7y6kabe- :

It's property solely owned by me.

Alex Watts :

Ok. You want it back or replacement cost?

JACUSTOMER-l7y6kabe- :

Either, although I'd prefer replacement cost as she's been using my property for the last 5 years.

Alex Watts :

OK.

Alex Watts :

You need to write and set out your losses and request a return or the costs for replacement within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not return or give you the money you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

You are asking the Court for an order she 'delivery up' the items or money Judgment

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-l7y6kabe- :

What evidence will I need to supply in support of my claim?

Alex Watts :

The breakdown of what items you are claiming and any receipts or proof of ownership if you have them

JACUSTOMER-l7y6kabe- :

If I can't find proof by way of receipts, will estimates do?

JACUSTOMER-l7y6kabe- :

Or copies of bank statements showing purchases?

Alex Watts :

Only if its contested you purchased it / them would you need that

Alex Watts :

You have to show, on balance they belong to you

JACUSTOMER-l7y6kabe- :

So, for the purposes of making a claim, I would need a list of those items removed/ stolen, as much evidence as I can gather as to when I purchased them and for how much (receipts if I have them and copies of bank statements showing debits) and write to my ex-girlfriend asking for their return with a 14 day deadline. If she fails to respond within that deadline, I submit a claim to my local county court?

JACUSTOMER-l7y6kabe- :

Is there a link to identifying my local county court?

Alex Watts :

Yes indeed.

Alex Watts :

https://courttribunalfinder.service.gov.uk/search/

JACUSTOMER-l7y6kabe- :

I'll get digging.

JACUSTOMER-l7y6kabe- :

Thanks, Richard

Alex Watts :

Can I help with anything else today Richard?

JACUSTOMER-l7y6kabe- :

No, this will keep me busy for a while thanks. Richard

Alex Watts :

Great. If I could ask you to rate my answer before you go today - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

JACUSTOMER-l7y6kabe- :

My ex-girlfriend has now re-married, if I take her to court for the property she stole from me and win, would they as a married couple have to pay? assuming they can afford it?

Alex Watts :

No, it would only be your ex that would have to pay

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Customer: replied 2 years ago.

Alex,

I have now dug out my bank statements, photos and receipts of the property that my ex girlfriend removed from my house.

I have also written her a letter asking for my property to be returned and have given her 14 days within which to arrange delivery (I will send this letter recorded delivery).

In the interim, in my claim to the court, should I include the overall replacement cost of the property or the original purchase cost?

Also, should I expect the court to apply depreciation?

Further, before my ex moved out of my house (I wasn't living here at the time, and was renting another property to keep out of her way), I wrote to her and asked to send an Inventory Company to the house to avoid a situation exactly such as this. As you may imagine, my ex refused to allow the Inventory Company to visit claiming she was too busy (preparing to take my property it appears).

Can I also submit this correspondence as part of my claim?

Richard

Expert:  Ash replied 2 years ago.
You can include replacement but it does need to be like with like. So if you had something 5 years old you ca't claim for new.
You dont need to include correspondence as part of the initial claim, only if it goes to Court.
Does that help?
Alex
Customer: replied 2 years ago.

Ok, thanks.

The furniture she took was circa 4 years old, but even 2nd hand is still pretty expensive.

I'll do my best to find sensible replacement values should I have to apply to the court and keep my powder dry with respect to the correspondence.

Thanks

Richard

Expert:  Ash replied 2 years ago.
Happy to help!
Alex

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice