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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 13138
Experience:  I have been practising for 30 years.
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I lived with my ex-partnr - my fiance - for 7 years and we

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Hi - I lived with my ex-partnr - my fiance - for 7 years and we have a child together. Sadly the relationship deteriorated and he moved out of the propery in February taking most of the furniture with him. Admittedly, he paid for most of the furniture during our 7 year relationship. But he has left me and the children with no living room, no cutlery, plates, and only beds and an old two-seater sofa. Our furniture was high quality and probably cots cira. 70-80k. Am I able to take him to small claims court to regain payment or some furniture back? Thank you.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Not yet
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I live in London We have a maintenance hearing on july 4 but it won't cover furniture he took - just maintenance for our child
JA: Anything else you want the lawyer to know before I connect you?
Customer: no

Good morning. I will assist with your question - be aware this is an email not chat service therefore maybe delayed in replying.

is this a mortgaged or rented property?

if mortgaged who's name(s) on mortgage?

if rented whos name(s) on tenancy?

what exactly did he take and how was it paid for?

where is he now?

Customer: replied 1 month ago.
It is a rented property with both our names on the tenancy. He took two sofas, a dining room table, all crockery and cutlery, a kettle, coffee machine, king size bed and side tables, two side tables and two lamps, one large floor rug, two large side cabinets, two large mirrors, wall pictures, two designer scarves belonging to me.

You can take him to the Small Claims Court but it’s highly likely it would not deal with it and it would be referred to a family court or out of the Small Claims Court to the fast-track because it’s not actually a debt as such. If it goes to the fast-track, and your claim does not succeed for any reason, there is a chance that you would have to pay his legal costs.

You may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually the need to get to court.

If this were to go to court, you could easily be on the receiving end of a legal bill of 10 grand you may not necessarily recover that. Litigation is expensive and risky.

The court proceedings are not going to be quick.

For the sake of what it’s going to cost for a basic replacement of what he has taken and the risk involved that he will say this was all his stuff and you haven’t contributed and he is entitled to walk away from it (ignoring the emotional element because clearly this has been quite a cruel action against the children) away with all his belongings.

Anything that his taken belonging to you of course is theft and that’s a police matter although don’t expect the police because he him off to Botany Bay on a transport ship and it’s highly likely they will simply say it’s a domestic matter and not get involved. Nonetheless it doesn’t stop you reporting it.

I’m sorry, I know this is probably not the answer you wanted.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

F E Smith and 4 other Law Specialists are ready to help you
Customer: replied 1 month ago.
I just need to know if I have a case at the small claims court? Yes or no? Thank you so much
Customer: replied 1 month ago.
sorry just re-read - you did answer me thank you so much.