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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have a small matter on behalf of my son that needs resolving

Resolved Question:

I have a small matter on behalf of my son that needs resolving that I don't think could be resolved by mediation but if you could take a glance I would appreciate your opinion.
My son started living with his young lady in November last year or around then after dating for only a few weeks and she in private rented accomdation with her 3 year old daughter.
In December they moved to a council flat where she received some kind of benefit so Harley shouldn't have been living there but this is not the dispute , at Christmas they purchased a sofa and as Harley ( my son ) had been living here with me as his mum had passed away he put it down as living here!
They split in Feb/March after he lost his job and they then didn't get on so he moved home, she still has the sofa and refuses to hand over and Harley has £30= a month to pay for next 3 years.
His ex-girlfriend wont give him the sofa but has agreed to pay the monthly fees, my worry is after a period of time this may stop and Harley will be left paying again or get a bad credit rating as he is only 23 I don't want this for him.
We asked the finance company Barclays if they could change to her address and name but they said no... I have also asked her mother could they get the money together to pay for this but also refused!
Its quite clean cut as in they are not married , no children and only together for some months but not sure whether court is the answer.
We lost Harleys mum on his 17th Birthday and has a brother and sister and I am still trying to clear some of the finances from this as she was only 40 and passes unexpected.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask if your son would like the sofa - does he have anywhere to put it or is his preference for his ex to pay for it and leave it where it is please if concerns about misse payments can be addressed?
Customer: replied 2 years ago.

Hello Joshua

We don't mind either way ,, we can put here but she also has a 3 year old so don't know whether still will be as new anyway ?

Customer: replied 2 years ago.

we have somewhere to store

Expert:  Joshua replied 2 years ago.
Thank you. the starting point is that if your son entered into the credit agreement for the sofa, then the sofa is his property and he can require it is returned to him. If necessary, he can apply for a court order in this respect using the following form if she will not return it voluntarily:http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=424The alternative is that his ex girlfriend could make the required payments against the finance agreement as she has suggested and the sofa could remain where it is. I agree entirely with you however that it would be most unwise and unsafe to allow her to make payments directly to the finance company because there is a substantial risk that one or more payments could be missed, and even a small number of missed payments could have an adverse effect on your sons credit. Accordingly, if this arrangement is contemplated, it is important that he and his ex girlfriend enter into a written agreement that she will make all payments due under the finance agreement in full and a few sandwiches, refund your son for any payments he has made personally after which the sofa will belong to her. However, such payments should not be made directly to the finance house but rather should be made to your son he will in turn make payment to the finance house by direct debit or otherwise. This is important so that he can control that payments are made on time.the agreement could provide that if any payments are missed more than say two or three months in total, it has the right to recover the sofa.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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