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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I ex boyfriend who stayed with me for a few months until

Resolved Question:

I ex boyfriend who stayed with me for a few months until August 2015 left his records behind. In October 2015 he borrowed some money from me. He was supposed to pay back by February 2016. He won't pay back the money. In July 2016 he said he wanted to come and get his records. I said when he paid the money I would let him collect them. He did not disagree to this and said he would pay. He is now refusing to pay and I am refusing to allow him into my house.
He said he is bringing the police to get his records (to prevent a breach of the peace) . I recognise they are his records. However he has been harassing me and being very abusive and making all sorts of threats - even saying he'll tell the police I take drugs in front of my children which I don't. So I am standing firm because he is being a bully and using the police to bully me.
Can the police make me give them to him - or is it a civil matter?
Its my only leaver to get him to pay the money. Your advice is much appreciated.
Submitted: 6 months ago.
Category: Law
Customer: replied 6 months ago.
He has not attempted to come to the house and our exchanges have been by text - I have not been aggressive
Expert:  Ash replied 6 months ago.

Hello my name is ***** ***** I will help you with this.

How much is owing please?

Customer: replied 6 months ago.
Only £150 - and he has left only 30 records. It's not worth me pursuing the money through the court/ I'm more interested in what the police powers are of he carried out his threat.
He is the aggressor (nice and then nasty) and I was considering making s complaint to the police anyway about his harassing texts
Expert:  Ash replied 6 months ago.

OK - then yes this is a civil matter.

The Police wont be interested.

Nothing wrong with you keeping the records in exchange for the payment.

But yes, this is a civil matter

Can I clarify anything for you about this today please?

Expert:  Jo C. replied 6 months ago.

Hello

I'm afraid the answer you have been given is completely wrong.

Expert:  Jo C. replied 6 months ago.

You cannot just keep his property and the police will very definitely be all too interested.

Expert:  Jo C. replied 6 months ago.

Come what may, the records are his, retaining them is theft by retention and if he reports it you will be prosecuted and convicted.

Your claim against him is valid too but not a defence to this action.

Expert:  Jo C. replied 6 months ago.

I realise that you probably prefer to be told that what you are doing is perfectly fine and that is all very well for now but when the police arrest you for theft it will be hugely disadvantaging for you.

Just give him his property back and sue him for the money you say you are owed.

Expert:  Jo C. replied 6 months ago.

There is also no point in reporting his texts. He is chasing in his property. He is allowed to do that.

I am sorry you were misled above

Jo C., Barrister
Category: Law
Satisfied Customers: 69771
Experience: Over 5 years in practice
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