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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 3971
Experience:  Solicitor
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My ex-partner has broken a window on the property where I

Customer Question

My ex-partner has broken a window on the property where I live with my 3 children, we have a joint mortgage on this property and he moved out nearly a year ago. The police have been involved and he has admitted to causing the damage but refuses to pay, what can I do to get any money from him to pay for the window
Submitted: 9 months ago.
Category: Law
Expert:  Jamie-Law replied 9 months ago.

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

What is the cost please?

Customer: replied 9 months ago.
not sure at the moment getting quotes, why ?
Expert:  Jamie-Law replied 9 months ago.

You need to write and set out your losses and request a refund of the cost within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

If the Police have become involved then they if is given a caution it could be conditional upon him paying you, or if it went to Court the Magistrates could order compensation

Can I clarify anything for you about this today please?

Customer: replied 9 months ago.
could you clarify the last sentence regarding conditional payment and compensation thanks
Expert:  Jamie-Law replied 9 months ago.

Yes, if the Police are involved 3 things could happen:

1) they take no action

2) they could offer a conditional caution (so its conditional upon payment to you)

3) they could charge and a Court could order compensation

Does that clarify?

Customer: replied 9 months ago.
it does, basically I'm contacting you regarding my sister, the police did take no action so I will inform her to send the letter, thanks for your help
Expert:  Jamie-Law replied 9 months ago.

All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

Customer: replied 9 months ago.
if the police have taken no action then I just submit my claim,
Expert:  Jamie-Law replied 9 months ago.

Correct

Does that clarify?

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 3971
Experience: Solicitor
Jamie-Law and other Law Specialists are ready to help you
Customer: replied 9 months ago.
thanks again
Expert:  Jamie-Law replied 9 months ago.

All the best.

Expert:  Clare replied 9 months ago.

My name is ***** ***** I have been a solicitor for more than 30 years.

Your sister faces a problem as her ex is a joint owner of the property

As such she may well struggle to recover the monies in this way

Customer: replied 9 months ago.
What would you advise then as it feels very unjust at the moment that he can get away with this
Expert:  Clare replied 9 months ago.

How long have they been separated and how old are the children

Were they married?

Customer: replied 9 months ago.
Around 15 years separated for a year and the children are 6,9 and 14
Expert:  Clare replied 9 months ago.

So they are still married and joint owners of the house?

If so then she certainly cannot sue him for the money - instead this is an issue that should be dealt with within the divorce proceedings

Customer: replied 9 months ago.
No they are not married
Expert:  Clare replied 9 months ago.

But they are joint owners?

What financial agreement has been reached?