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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50465
Experience:  Qualified Solicitor
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My ex won't give my stuff back, we never lived together but

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My ex won't give my stuff back, we never lived together but I had stuff at his and he has been in my house and taken some of his gear without me being there . How can I get my stuff back?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Whats is the reason he wont give your stuff back?

Customer: replied 5 days ago.
Don't know

OK thank you for your response. Leave it with me for now and I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Customer: replied 5 days ago.
No

Thanks for your patience. Assuming that he refuses to voluntarily return any of your belongings, you have a couple of options available to you:

1. You can make an application for a specific performance order in coirt, which basically asks the court to make an order that says he must do something specific, like return your belongings. However, all it is is a piece of paper telling him to do that, he cannot be physically forced to do it. However, if he refuses, it could make him guilty of being in contempt of court, which could be a criminal issue

2. You could also make a claim for the value of the items he is holding on to. It will not get you the actual possessions back, but it can compensate you for whatever items you have lost as a result.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to take if you had to make a claim. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

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Customer: replied 5 days ago.
One of the items he has is my passport ,
Customer: replied 5 days ago.
Some of the other items include pushbike dress , hairdryer laptop fishing rod which was my dads and my brothers fishing reel plus stuff in loft household items and Xmas decorations

Thank you. I would say the more effective way to go after him is to seek compensation for the value of the items. A passport can be replaced as you can declare it lost or stolen and just pursue him for the replacement costs.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue them for the compensation in question. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.