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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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Ive recently broken up with my partner with whom i lived with

Customer Question

I've recently broken up with my partner with whom i lived with for 3 years,i claimed for the last year for employment support allowance, as i was a carer for my partner,this money went straight into my partners account a total of £71.00 a week, over the year i did not see a penny of this money, i was only working 16 hours a week and also gave her this money,my dispute is i bought a motor bike back last september with the money that went into her account in which she drew out of the bank for me to purchase the bike,i have a receipt with my name on it saying i purchased the bike now she refuses to give me the bike as she says the money was hers and it is was a loan. I have never entered into any loan agreement with her. I have asked the police to recover the bike but they have refused even though I have the receipt of purchase in my name and the log book with all the keys.
What can I do ?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Why does she have the bike?
Customer: replied 4 years ago.

i left it there as she kicked me out of the home and someone had to pick me up in there car as she made me take my clothes,and said if i did,nt take them she would distroy or throw them out,i stayed away for a few days hoping things would calm down but when i returned to the property the bike was gone,i have the keys for the bike so i dont know how it was moved,also i have the log book.

Expert:  Jo C. replied 4 years ago.

Was it always supposed to be for you?

She doesn't use it?
Customer: replied 4 years ago.

i bought the bike for myself ready to use in February 14 as i am a banned driver, i was banned for a dr10 offence,so i put her name on as a registered keeper and her name on the insurance for third party fire and theft in case it was stolen,she is registered disabled and has a mobility car so she could not ride the bike,as i have the receipt for the bike and im the owner of the bike,i changed the registered keeper to a friend in which the dvla did, as she would not sign the log book.the dvla did this without her signature as i had a receipt saying i was the legal owner of the bike.

Customer: replied 4 years ago.

she is telling police it was a loan,at no point was this money a loan, as my employment support allowance was going into her account.

Expert:  Jo C. replied 4 years ago.
I see.

The police will not be interested in this I'm afraid. This genuinely is a civil matter.

You have two options. The first is to sue for the value of the bike here

This is by far the cheaper option.

Alternatively, if you paritcularly want this bike, then you can seek a mandatory injunction to force her to hand it over but I wouldn't recommend it unless this bike is literally unique or of some personal importance. Its very expensive to do that and often ineffective.

Hope this helps. Please let me know if you need more information.