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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Alex I have submitted my Appeal, in time, and I am waiting.

Resolved Question:

Hi Alex
I have submitted my Appeal, in time, and I am waiting. My son rang today asking for the court fees from the previous hearing where the judgement went against me. Do I pay this now or wait for the result of the Appeal?
As I have said before, all my personal possessions and of course the assets (washing machines etc) were left in the house when I left in 2000. I particularly want the return of the legacy stuff from my Aunt Margaret etc, which are not of great value. The statuettes I think were valued at £400, the photograph albums - who knows? If I cannot force a return, can I get damages. At this point I need a to-do-list, a strategy, showing what actions I can take, and which actions I can't, and a guess at how successful those actions might be. I will put money (as much as it takes) if success is likely. So, could you look at the list below, and I would very much appreciate your views on this.
‘Old Charm Solid Oak Dining Suite consisting of 6’ Dining Table, Four Chairs including one carver, a four door sideboard and matching dresser. Gift from my Late brother Terence
Two Victorian Bronze Statuettes of Goddesses Originally my Grandparents, passed down by my Late Aunt Margaret
Wartime Postcard Collection including cards sent by my Late Father Legacy from my Late Aunt Margaret
Two Photograph Albums including pre-war photos of my father’s Parents, Uncles and Grandparents. Mostly Pre-war. Legacy from my Late Aunt Margaret
Two Watches, Wedding Ring from my late Uncle Andrew Coul Duncan. Plus miscellaneous jewelry in a wooden box. Legacy from my Late Aunt Margaret
Birth, Death and Wedding Certificates from my Father’s Parents, some belonging to my Great Grand Parents. Legacy from my Late Grandmother
Death Certificate, Will and Inventory of Possessions of my late Aunt Margaret
Boxed Antique Carvery Set of Knives Legacy from my Late Aunt Margaret
Working Antique Wooden Chest Sewing Machine Legacy from my Late Aunt Margaret
Rare Crab Shell from the Indian Ocean plus one other Legacy from my Grandfather
Letters from my Late Brother Terrence, Aunt Margaret, and Grandmother including Photos
Undergraduate Gown from Reading University
Glass-bottomed Pewter Tankard engraved “Windsor Hall” (Reading University) a 21st Birthday Present.
Files of Notes and text books from my BSc in Chemical Physics at Reading University
Files of course work notes and text books from my MSc in Materials at Leeds University
Research papers, notes and Texts from my work on ultra high modulus HDPE at Leeds University
Notes and Results from my Fellowship work at the Royal Military College of Science (Shrivenham)
Victor Ludorum Statuette from Broxhill School 1965
Essex AAA badge (1965) awarded for representing Essex in 1965
2 Albums of Photographs that I took of the children, extended family, and locations from 1978 to 2000. Includes my Great Uncles War Memorial in Appleby Magna, and the House that my Great-Grandparents lived in, in the 19th Century
35 mm Praktika Camera with lenses
Several Short Stories that I produced on a course in 1999
7 Sets of National and Local Newspapers that I obtained on the day of each of the children’s birth
A framed Nineteenth Century Photograph of Swaffham Church, bought in commemoration of my late Sister-in-law’s (Gillian) Funeral
My former company’s Computer, Software, Accounts and Files. Plus “RDL’ memorabilia from Sales
My Personal Pension Plan, Details and Information
All my leisure clothes from 2000
Three 18th Century Title Deeds with Wax Seals
Two Collectable Fountain Pens
Various Novels, and Philosophy books
‘A Shorter Oxford Dictionary’ with Magnifier
Times Historical Atlas
Large Black Framed Kandinsky Print ‘Farbstudie Quadrate 1913’ from Habitat
Large Wooden Framed Rodin Print ‘Seated Cambodian Dancer’
Wood and Iron Framed Mirror from Habitat
I think if I delved into the house there would have been a lot more, but there you go.
ALSO, I am getting messages from two of the children names on the Restraining Order. Can they do this?
Thank you.
Trevor
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hi and thanks dor requesting me again.
Alex Watts : You can ask the court when you submit the appeals for a stay on costs,
Alex Watts : If you haven't got any money then you simply can't pay anyway.
Alex Watts : i imagine that they won't seek to enforce pending appeal as they will get a copy of your appeal notice.
Alex Watts : can I clarify anything else for you?
Customer:

thank you Alex. I think I asked for a stay on costs. Will you be able to lay out the possible strategy for me? thank you. Trevor

Alex Watts : You are arguing that the Judge was wrong on the basis we have previously discussed.
Alex Watts : it would be helpful if you could cite cases to assist you. Case research is beyond the remit of this site but you can go to http://www.bailii.org
Alex Watts : Does that help?
Customer:

yes, but I was referring to the list of items have not yet actioned on. i.e. how do I go about getting my Aunt Margaret's items (at least) or damages or some legal consequences to not giving them back to me? Thank you. I learn something every time. Trevor

Alex Watts : Did you plead those items to be delivered back in your claim?
Customer:

My claim was just about the furniture, which has a financial value, and I think it either gets an appeal or not. Moving on I want, at least to pursue my Aunts stuff, and hopefully the lot,even for the assets. Is the small claim court the right place for this? A lot of the most important stuff has little financial value, so how do I get them treated seriously? Thank you, Trevor

Alex Watts : Thanks. You therefore need to start a new claim or if your appeal is allowed amend that claim to include delivery up of these items.
Alex Watts : You need to set out what you want and why. You then ask the court for an order to deliver up, that is the items to be given up to you.
Alex Watts : If the court makes an order and they refuse, this is contempt of court and they could be warned, fined or sent to prison.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

This is a new concept. I use the small claims court to ask for my Aunts items, that Miss Hale says she has not got. I don't remember a box for this on the Nxxx form.

Alex Watts :

It wont be on the claim form. In order to enforce you need to make an application to commit.

Alex Watts :

Does that help?

Customer:

It is late, so I don't expect you to answer today. I really do not understand what you are saying I should do, but it does sound promising. I will look it up on google. Thanks again, ***** the Magistrates court I was Aquitted on violent entry, I accepted a restraining order and thirdly there was something about an forced sale of the house which, at the time, I took to mean that she was obliged to proceed with the sale of the house.

Customer:

Is the 3rd point correct, and if so, how do I go about getting the house sold?

Alex Watts :

The Court is unlikely to order the sale of a house in the Magistrates Court

Alex Watts :

That is only for the County Court.

Alex Watts :

But if you want the house sold you can apply to the County Court for that

Alex Watts :

You need to apply for an order for sale.

Alex Watts :

Can I ask you to rate this question please?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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