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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48162
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My ex partner has moved out and given my garden furniture to his new girl next door. It w

Resolved Question:

My ex partner has moved out and given my garden furniture to his new girl next door. It was a birthday present to me. He says he has a receipt - he hasn't - well not a genuine one - We lived in my house four 7 years and he bought it for me at the five year point . He did not have a garden of his own or liked gardening, he never had his friends over so it wasn't for them and now he is denying that he gave it to me as a present. I cant just take it from her next door so what can I do? Also broke so can't get a solicitor. Seeing it there every day is breaking my heart. It is about £500 worth. Although he is doing it out of spite to me and to win favor with her I am able to rise above that so its the principle and the desire to have my solod wood garden stuff back. Help. We split up 2 months ago - he said he left me for her - then he said it wasn't - they are just friends but I know he wants more. She can him with my blessing but surely not my garden stuff. I am an avid gardene
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Can you prove ownership of the items in any way?

Customer:

Verbally yes - via mum who was there. He cant - it was paid acsh from our joint monies

Customer:

He also gave me a birthday card saying he hoped i liked it.

Customer:

Hi ben

Customer:

I am here but i dont know what to next to correspond with you?

Ben Jones :

Hi, sorry I was offline by the time you had replied. If the furniture was given to you as a gift, then legally you would be its owner and your partner would not have been able to give it away without your consent. However, this is not a criminal issue, rather a civil one so if you wanted to take the matter further you would need to go through the small claims court where you would most likely be looking for compensation for the value of the furniture. You must pursue your ex partner and not the person who now has the furniture. You do not actually need a lawyer to do this and can make the claim yourself, keeping any costs to a minimum.

As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:



  1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.

  2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

  3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.


Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

thank you

Ben Jones :

you are welcome, all the best

Customer:

Ben, thank you for your help and swift respnse. Iam really happy but I have not been able to leave you an ex response as the site says I am still awaiting a reply - Sorry. If you know a way around this then please let me know

Ben Jones :

sorry it should be working, I have enabled the option,maybe there was a delay in registering that, if you could try again please that would be great, thanks

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