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C.Cornel
C.Cornel, Lawyer
Category: Law
Satisfied Customers: 806
Experience:  Senior Lawyer at Legal Group
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Can you help my daughter needs to make a claim from her ex

Customer Question

Hi
JA: Hello. How can I help?
Customer: Can you help my daughter needs to make a claim from her ex boyfriend for her engagement ring back. We have emails back and forth from each of them solicitors(after the break up) saying he has the ring and will return it yet he hasn't as won't.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Know as we are going to the small claims court for it
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: We are in England and the solictitor on here said make a small claims court claim yet I'm not sure how to do this. I can see the online claim form but if says monetary value is this the same as claiming for a personal possession?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: see the above
Submitted: 6 days ago.
Category: Law
Expert:  C.Cornel replied 6 days ago.

Hello.

 

Yes, you can make a court claim, however, a more simpler process and effective method to solve a dispute would be to send a legal demand letter to your daughter's boyfriend, unless you have already.

 

Please let me know if you have sent a legal demand letter to her boyfriend as a preliminary court procedure.

 

Thank you.

Customer: replied 6 days ago.
Durning the break up this was put in the solicitors letters where he agreed to return the ring. The solicitors said it would be costly for them to deal with this and therefor told us to make a claim through the small claims courts.
We think he has possibly sold the ring the value was £4200
Customer: replied 6 days ago.
it was an agreement that was all
Expert:  C.Cornel replied 6 days ago.

I understand.

 

The costs for a legal demand letter is generally in the sum of £500 and most disputes are solved at that particular stage.

 

However, the costs, even in small claims procedure, can easily exceed such amounts.

 

In case of need, the law firm that I am part of can send the legal demand letter and solve the dispute.

 

Alternatively, you can make a court claim for money online here:

 

https://www.gov.uk/make-money-claim

 

Thank you.

Customer: replied 6 days ago.
We have looked and to start an on line small claim for the amount mentioned states £185 however I'm unsure as its says making a monetary claim yet its nit it a claim for a personal possession
So do we just put the amount the ring is valued for?
I spoke to a solicitor on here previously who suggested small claims the best option and cheapest option?
Customer: replied 6 days ago.
Also what if he has sold it?
Expert:  C.Cornel replied 6 days ago.

If he has sold it, same principle applies, you make a claim for the value of the ring.

 

During the online process, you specify the amount that the ring was/is valued at.

 

If the value is £4200, you specify that amount plus all the court fees you will incur.

 

Thus, your court claim would be around in the sum of £4400-£4500.

 

Thank you.

 

 

Customer: replied 6 days ago.
My daughter isn't a gold digger far from it she was in an abusive controlling relationship with a guy who swapped around preening himself full on body building fanatic. He was taken to court and found guilty of abuse having proved it with photos of her face after he had bitten her.... and more. Cant believe he still hold a position as a manager at JCT Audi. He has mentally and physically scarred my daughter and the only reason she wants the ring back is because she can sell it for a deposit for a house as she lost the home she had made for them both together as a couple... its so sad
Expert:  C.Cornel replied 6 days ago.

I understand completely.

 

Don't worry, the matter will be resolved, you can make the court claim and you will win.

 

Thank you.

Customer: replied 6 days ago.
if we do win will we get the court costs back as well as the ring/amount?

Sorry I went into details but she was loving and made a good home for them for him to take everything away from her. She wasn't allowed out yet he constantly cheated and only got engaged august the split the following April after dragging her round the room on holiday with there hair in Cuba.
Is a picture of him presenting her with the ring enough evidence of its presence?
Expert:  C.Cornel replied 6 days ago.

Yes, you will get the ring amount, the awarding of costs is at the court discretion, however, based on my legal experience, there is a high chance that the court might award you all further costs.

 

Thank you.