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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69367
Experience:  Over 5 years in practice
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My daughters ex bf has retained a number of her possessions

Customer Question

My daughters ex bf has retained a number of her possessions including her UK passport. I have asked for their return. To which court using which form should i apply if he continues to ignore my requests. Can the police be involved in the case of the passport which belongs to HM Government?
Submitted: 7 months ago.
Category: Law
Expert:  Jo C. replied 7 months ago.
Hello has she approached him to try and get these back?
Customer: replied 7 months ago.
yes by email with a list of the items 7 days ago. Sorry I forgot to mention I think the 1977 Tort act applies?
Expert:  Jo C. replied 7 months ago.
Sorry for the delay. I have a poor connection here.How long ago did you ask?
Customer: replied 7 months ago.
I said! We sent an email with the full list of items 7 days ago
Expert:  Jo C. replied 7 months ago.
What is his explanation for this?
Customer: replied 7 months ago.
He has not given one, he hasn't replied to my request for an appt to collect her stuff. I think the 1977 Tort act applies, I'm unclear what court procedure needs to be instigated to start proceedings. Plus my Q re police regarding her passport at least?. Frankly she's not behaved well by just walking out, but that's not the issue.
Expert:  Jo C. replied 7 months ago.
Well, it does but you don't really need to use that.The police will not be interested I'm afraid. The very highest action they may take it telling her to return it.If it just a passport then you could seek an injunction. There will be cost in that. A cheaper option might be to report the situation to the Passport office and seek a replacement.If there are other possessions that can be replaced with money then a cheaper option for those is to sue at the small claims court. That will be easily accessible.Can I clarify anything for you?Jo
Customer: replied 7 months ago.
What would the procedure to use the Tort Act, I'd rather not use small claims as I think he has few assets. I really want to threaten him with something he may perceive as stronger. Really we would like all of her things back including her private papers etc.
Expert:  Jo C. replied 7 months ago.
The only option is an injunction but you wouldn't get costs if there were a cheaper alternative open to you that was not preferred. That would be a huge gamble as you would probably end up paying costs and all he would have to do is give the goods back.
Customer: replied 7 months ago.
Can you please advise the procedure under the 1977 Act, which form would I use at the County Court etc? I prefer this option as it is also possible he has abandoned the rented flat and I would like to be able to pull the landlord in too to reclaim my daughters possessions?
Expert:  Jo C. replied 7 months ago.
Well, as I've said really, you seek an injunction. You don't need to quote law really.If you think he has abandoned the property then just write to the landlord. You will end up paying everybody's costs if you issue too early.

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