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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 740
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I am from China and I used to go out with this British

Customer Question

Hi. I am from China and I used to go out with this British boy. Before returning back to China this summer, I put all my stuff in his house to same me the money of looking for a storage place. However we broke up this summer and when I returned here, he refused to give me my things back. After weeks of waiting, a few days ago he finally agreed to put my things in his hallway this Saturday for my to collect. However, he left my big suitcase in Malta, when he was traveling there this summer, and just didn't bring it back. It is a quite expensive suitcase, I bought it at the price of £150. And when I pointed out that he has no right to leave my suitcase in another country and I cant bring all my stuff back without my suitcase, he just said there's nothing he can do about it and I'll have to deal with it. If I don't come this Saturday, he said, he'll give all my stuff to charity. These stuff, including my suitcase, worth about £700 or more. I know it's not a lot of money but I am still a student so that's a lot for me. About the suitcase, he said MAYBE he'll go to Malta after Christmas and MAYBE he can bring it back, but he's not sure yet. I was just wondering if there's anything i can do about it, just to get my stuff, especially my suitcase back.
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.
I am sorry to hear about the difficulties that you are experiencing with your ex.
Please may I ask:
- are you able to collect your belongings this Saturday like his is asking?
- is the suitcase in Malta lost or is he able to collect it?
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi. I could but I would have some difficulty collecting my stuff this Saturday, because there's too much of it, it's gonna be hard to carry without my suitcase; also it's a bit of travel (from York to Sheffield). I have already asked some of my friends to help me but it's the essay season, everyone is a bit busy. So I would say, even if I go there this Saturday, I would only be able to collect a few things back.And also, from what he says in his email, I don't think the suitcase is missing. He has family living in Malta and I think that's where the suitcase is.Thank you Caroline :)
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response and for confirming that for me.
If you can collect as much as you can this is going to help. If you think their is going to be any difficulties then could contact the police and ask if they can attend with you to oversee the collection.
In respect of the rest of your belongings - your ex cannot simply give all your stuff to charity as he is saying he will.
You should try and agree a further a date when you are able to collect the rest of your belongings.
If your ex does give your belongings to charity then you can make a small claim against him for the loss amount. If he keeps the belongings and wont return them - then you can ask the small claims court for your belongings to be handed over (this includes your suitcase).
To do this:
First you need to set out in a letter what the belongings are that are not being returned (or have been given away) - make a list and include the suitcase. Give your ex 14 days within which to agree arrangements - include the 14 day date in your letter.
If this doesn't work - then issue your claim at court for the value / return of the goods. Use this form and send it to the local court to your ex:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
Once the court has the papers - they will issue them and send a copy to your ex. If he doesnt respond within 14 days then you can enter judgement against him and seek enforcement.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
Please kindly remember to rate positively so that we receive credit for our time
Customer: replied 1 year ago.
Hi here's the reply I got from my ex:Zoe this is whats happening:Your stuff will be available for collection tomorrow at 3pm, after that date your stuff is no longer my problem or responsibility, if you collect it you collect it, if you don't then you don't - not my problem.Your suitcase will be back sometime after christmas.If you wanna ignore this and deal with it through your "suitcase lawyer" then go right ahead. but I'm pretty confident there is no law out there that says I'm forced to have someone else's belongings in my room and I'm fairly sure that I'm free to just throw it out of my property whenever i feel like, especially when the person is refusing to collect it...There is nothing i can do about your suitcase now, Me, Mum and Paul are all in England until after Christmas. I already said to you im happy to bring it back with me next time i go, so what else do you want me to do?Fly to Malta and back so you can have it quickly? Or book a flight now and give you the details? keep all your stuff in my room for a few months?I'm not going to do any of this just for a suitcase, thats insane.Zoe, i WANT you to have your stuff back, If i was a petty person i would have burnt it in a huge bonfire by now, so stop making this difficult and deal with the fact that you might not get it back entirely on your own terms and in your own timeline, thats just life. I've done you favour by keeping your stuff here, and dealing with all this shite in actually giving it you back, when i could have quite easily (And "legally" if you really wanna go there) just, blocked you, took your shit to the dump and i'd be sat down enjoying myself right now instead of wasting my time writing this stupid pathetic email about a suitcase - And i can STILL do that if i so decide, this is a free country!I want your stuff out of my room, you want you stuff back! We both want the same thing so lets work together!Your stuff is gonna be there tomorrow you either take it or not, you don't need a suitcase to take your stuff back to york, you can use boxes and bin bags. If you don't think you can do it in one trip then your gonna have to do it in 2 or more, but if I was you i would just use a taxi and get it over with.Nothing im saying is unreasonable, I don't HAVE to keep your stuff in My room, I don't HAVE to make this effort to give you it back, I do have the clear option of just telling you to sod off, block you and ignore all your bullshit threats about lawyers and police over a suitcase...So why not appreciate what is being done of you? I've tried to make this easy for you by keeping your stuff in my room all week for you to come at the weekend when u don't have uni, I've tried to avoid going down the route of arguing and bickering by keeping things simple and only about your stuff and i'm offering to bring your case back later when it's actually possible for me to do so! Why don't you just be grateful instead of expecting unrealistic stuff like me traveling to malta specifically for the One thing you can't get right away and threatening me with the police for not doing so!So the choice is yours, we can either have a pathetic argument about a suitcase and then you can get your crack legal team and the police forces greatest detectives on to me and see where that ends up, or we can arrange and deal with this properly like 2 adults who don't need to go to court to have a judge handle simple things, it's up to you. So are you coming tomorrow?P.S. You know if there is a problem and you think you may need an extra day to bring your stuff back to york, you could do things the POLITE way and ask for an extra day, instead of threatening. When someone threatens me for something they want it tends to wind me up...I still don't think that's right for him do say or do so. I said I will come tomorrow but I can't bring it back all at once and I do need my suitcase back since he's got no right to leave it in another country. It's so bad I don't know what to do now. Is there any way I can get my suitcase back as soon as possible? And do you thinks what he says is right?
Customer: replied 1 year ago.
Also I asked for the exact date when he can give me back my suitcase but he didn't reply :(
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
The Law is Bailment and he does have a duty to take reasonable care - he can't just throw your things out.
If you do need more time - see if he will agree.
In respect of the suitcase - if this is produced after Christmas this will be quicker than issuing at court and seeking enforcement. If not your going to have to make a claim.
Kind Regards
Caroline
Please kindly remember to rate positively so that we receive credit for our time. Thank you.
Customer: replied 1 year ago.
Hi Caroline, thank you for your respond. What do you think I should do now? I feel that I can't trust him bringing the suitcase back because when I asked him to give me an exact date, he just ignored. Also I will have much difficulty bringing all my things back tomorrow but from what he says in this email I don't know if my things are still gonna be there if I need an extra day. The thing is I d been asking for my things back for weeks and he just ignored me. He was the one who refused to negotiate. I don't think its right that he can just 'order' and then I'll have to do what he says. What I want to do now is, get my stuff back, but not in one time, get my suitcase back as soon as possible, preferably before Christmas, and also I think he should be the one paying for all the travelling. What do you think Caroline?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Happy to continue assisting but would kindly be gratefully if you could rate the answer provided so far.
Kind Regards
Caroline
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 740
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
ukfamilysolicitor and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi I've already rated you thank you Caroline :)
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your kind bonus
In respect of your current position - whilst a completely agree with your frustration - you will be expected to mitigate the situation. In reality this means collect as much as you can.
If your going to have to make another trip then make a reasonable request for a further date.
I am sorry but it is going to be easier if he does produce the suitcase after Christmas - if this is definately what he intends to do.
If you made a claim now - even if he doesn't contest your claim at court - he would have to produce the item within 14 days. If he doesn't do this you would have to return the matter to court to seek enforcement. Whilst you can do all this - it really is going to be quicker if he produces this after Christmas like he is now saying.
If he doesn't produce the suitcase after Christmas then make your claim at court for an order that it be returned and enforcement if necessary.
Kind Regards
Caroline

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