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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 848
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I was given a rocking horse by my sister in law that was her

Resolved Question:

I was given a rocking horse by my sister in law that was her daughters. When my sone outgrew it I handed on to a friend for his grandaughter. I have seperated with my husband and his sister is demanding this back - threatening solicitor action if I dont return it to her. Is there anything she can do?
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- was the rocking horse given as a gift or did you understand it was to be returned ?
- when was this?
- what is the value of the rocking horse?
- does your friend still have it?
Kind Regards
Caroline
Customer: replied 1 year ago.
HI
She gave my son the rocking horse, it wasnt as a present or anything she just said he could have it as her daughter was grown up. I would say this was about 3 years ago. I am not sure the value but maybe £200-300. My friend still has it and has had it for about 6 months and his 2 grandaughters are very attached to it.
Customer: replied 1 year ago.
she did not state at the time it was to be returned but she is saying that now - that it was never given to me "just on loan"
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response and for confirming the position for me.
If you don't want to return the rocking horse then your sister in law could decide to make a small claim seeking the return of the item. Your sister in law is going to have to convince the court that the rocking horse was only given to you temporarily to look after and not permanently as a gift - for her claim to be successful.
If your sister in law does make a claim at court then you should respond to the claim setting out your position. The Judge will listen to both of you at a hearing and decide who he believes.
Whilst your sister in law might ask a solicitor to write to you in the first instance- it is unlikely that solicitors will be involved in the actual court process as solicitors costs are generally not recoverable in a small claims - even when a party wins.
Please do ask if I can clarify anything for you.
Kind Regards
Caroline
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Customer: replied 1 year ago.
its just an embarrassing situation as they want to cause me as much pain as possible following the seperation from her brother. So you believe she may have a case and if possible i should return the horse to her - this will cause the minimum disruption in the long run? I thought possession of something for this long would mean by rights it belonged to me.
Thanks for your ongoing assistance.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
I agree with you - your ex's family are likely trying to cause you issues following you separation. I would hope that a Judge would agree that the item was given to you and not loaned.
Litigation is however a risk and I can imagine that the sister would argue that the rocking horse has sentimental value and is a family heirloom intended to stay in the family.
The outcome would depend on who the Judge believed.
The easiest way to end the matter is to return the rocking horse.
Kind Regards
Caroline
Positive feedback is gratefully received
Customer: replied 1 year ago.
Thank you for your help. Its disappointing to feel that they can do this to me - where will it end?
Expert:  ukfamilysolicitor replied 1 year ago.
I am sorry to hear how they are treating you.
If matters do become hostile or aggressive - do make sure that you report to the police
Kind Regards
Caroline
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