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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I have fallen out with an old friend and trying to seek help

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I have fallen out with an old friend and trying to seek help on retrieving some items back. I do have receipts and the police are involved
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Are you asking if the police will recover?
Customer: replied 2 years ago.
long story short my ex friend has told me I will never get my things back. I have constantly asked for them back so she went to the police about me harassing her. I then told the police I have only been asking for my things back they are looking into it but told me I should really seek legal advice 1st
Expert:  Jo C. replied 2 years ago.
So the police are not treating this as a theft?
Customer: replied 2 years ago.
Not at the moment no.
Expert:  Jo C. replied 2 years ago.
What sort of things does she have please?
Customer: replied 2 years ago.
Some of it is money I have borrowed her so she can buy something.... I have some card statements to prove this as most of it was to help her out over Christmas. Other things are some expensive house hold items I have borrowed her. Luckly enough I only tend to shop in few places so can also prove this through online receipts. I have borrowed her money in the past in cash which I understand there is no prof. How ever with some of the large cash lump sums she has purchased large items I.e a bed with. I have gave her my bank details to start making small payments etc she has made no effort. I know she would never lie when questioned about these things because she an honest person even tho we have fallen out
Customer: replied 2 years ago.
I could quite easily tot up £2000 where I feel she has ripped me off over the past 2 years and prove it. I have just asked for 3 items. It seems the only way to retrieve them is to pay for legal advice so I am hoping to retrieve nearly everything
Expert:  Jo C. replied 2 years ago.
Thanks.
Can I presume she has made no payments at all?
Customer: replied 2 years ago.

none what so ever. I have tried my level best to be accommodating, caring and friendly with this. It has just gone to far now i need help

Expert:  Jo C. replied 2 years ago.
Money claims are easy enough. You can sue her here
www.moneyclaim.gov.uk
But it is worth sending her a letter before action giving her 14 days to pay and making clear that if she does not then you will issue even if you have done so already.
Household items are more complicated. It depends what you mean and what the agreement was. You could claim their actual money worth at the small claims court but she could defend on the basis that these were gifts. Obviously that is more credible depending on the nature of the item.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
I have already sent letters and given her periods of time to attempt to pay. Am I able to hire a solicitor to try again before going down the route of court etc?
Expert:  Jo C. replied 2 years ago.
Yes, you are but I wouldn't suggest it. That will just rack up the cost and you won't be able to claim it back.
A barrister under public access would be cheaper but that will still cost £50-£100.
Customer: replied 2 years ago.
This is where it gets complicated. Each time I have asked for my belongings or money back I have received abusive comments we have ended up arguing etc we both have made complaints to the police with harassment. There is no way I am able to contact her now so I guess I will just have to bite the bullet and fork out and hopefully get what I am owed back
Expert:  Jo C. replied 2 years ago.
If you have sent correspondence amounting to a letter before action then you could rely on that and sue her immediately.
Customer: replied 2 years ago.
I have no copy's of letters but do have a few text messages of me asking for my money and things. Would that be acceptable?
Expert:  Jo C. replied 2 years ago.
Yes, that is fine. You just have to show that you have warned them.
Jo C., Barrister
Category: Law
Satisfied Customers: 70013
Experience: Over 5 years in practice
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