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Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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In 2007 I moved from my flat into a caravan so I did not have

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in 2007 I moved from my flat into a caravan so I did not have enough room for my china cabinet with my nao ornaments, my daughter took it all to her house, 2009 I moved into a flat would have had room but flat was damp so I did not want the cabinet ruined, but I had said to my daughter I would like it all back twice in fact, but she told me possession is 9 tenths of the law ? I have now moved into a large flat and would like my items back .
I know 8 yrs have passed but when she agreed to take it home I never said it was hers to keep We didnt have a contract or anything after all she is my daughter I do not want to take her to court please can someone help me with this problem I need genuine sensible advice
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello Linda, my name is ***** ***** I am happy to help you today. Does your daughter agree with your version of events, that is that this was a loan until you could take the cabinet back, rather than a gift?
Customer: replied 1 year ago.
yes because of the contents of cabinet, some I had bought myself and some were presents and she knows how much they mean to me but is it right about 9 tenths of the law
Expert:  Jenny replied 1 year ago.
Well it is correct in that if she physically has the cabinet in her possession it is harder for you to get it back even if legally it is yours unless you are prepared to physically remove it from her property (which I am sure is not your ideal solution). It is a tricky situation as, as you have stated you do not want to take her to court. Legally the cabinet belongs to you and she should return it. You can appeal to her on that basis. If she does refuse to return it then legally your only real option would be to bring a court case against her on the basis that it belongs to her not you and she is in breach of agreement for refusing to return it to you. It doesn't matter that there is no written agreement, the court will take oral evidence from both of you and (unless she is prepared to lie) will order her to return it to you. If she does lie then they will decide which version of events they prefer. I would suggest you explain this to her and appeal to her better nature and say that the last thing you want is to bring a claim or for your relationship to completely break down as a result of this and ask her to see sense. I really hope you can sort this out. If you have any further questions about this please do ask.
Expert:  Jenny replied 1 year ago.
sorry i've just noticed a typo in my answer. It should you can bring a case on the basis 'it belongs to you and not to her'.
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