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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 split up with a girlfriend nearly a year ago. I left a

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I split up with a girlfriend nearly a year ago. I left a kayak and equipment at her place, value £700 apps. As she was upset at the break up I gave her a few months "get over" time before requesting when it would be suitable to come round and pick up the kayak.
She said initially that she'd left it with friends as she didn't want it in her garden, this was months ago, and that she'd retrieve it and arrange a time for me to collect. This scenario has now been going on for months, I believe she has either sold it or given it away. What are my rights, isn't this theft? I have kept all text correspondence that I have had with her where she has talked about arranging a suitable collection time, then changing her mind
Submitted: 5 months ago.
Category: Law
Expert:  Jo C. replied 5 months ago.

so she has said its gone?

Customer: replied 5 months ago.
No. she has said she "will dispose" of it. However I have had a friend look over the fence into the ex girlfriends garden and the kayak is not there. Just to confirm it was never a jointly owned item, I owned it before meeting her.
Expert:  Jo C. replied 5 months ago.

How long has it been there now?

Customer: replied 5 months ago.
This has been going on for ten months, although I first approached her to pick it up about six months ago.
Expert:  Jo C. replied 5 months ago.

How much is it worth?

Customer: replied 5 months ago.
163;700 appx
Expert:  Jo C. replied 5 months ago.

Ok.

Does she have the money to pay? Are you willing to sue?

Customer: replied 5 months ago.
She can easily afford to replace (deputy head teacher) is this suitable for a small claims court action?
Customer: replied 5 months ago.
I should maybe have added that she lives more than a three hour drive away so there's some logistics involved in retrieving the kayak. Should she say come and get it, then I drive for three hours, and it's not there etc.
Expert:  Jo C. replied 5 months ago.

Sorry for the delay. This dropped off my question list.

I’m not sure what you want to achieve here. It is quite hard to tell whether you have abandoned it or not.

if she has given you a reasonable opportunity to collect and you did not then she is entitled to dispose it.

If not, she is not. If she has done that then you would have a claim at the small claims court for the value of the item.

Can I clarify anything for you?

Jo

Customer: replied 5 months ago.
Thanks for the advice.
No, the kayak was never abandoned I made umpteen requests asking when it would be convenient to her for me to collect.
She then said she had it in storage and it would take time to retrieve, I said ok every time.
Then last weekend things escalated, initially she said come and get it, I tried to arrange a convenient time for her, then she said she was going to dispose of it!!!. I said clearly she couldn't and that I still wanted the kayak.
And this evening I've now had her father on the phone saying that she is claiming I am "hassling" her....
so, I've decided it's only a bit of plastic and metal, it's not worth the bother, she can keep/dispose/sell ..whatever makes her happy!!!
Thanks anyway
Expert:  Jo C. replied 5 months ago.

No problem.

All the best.

Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience: Over 5 years in practice
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