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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14465
Experience:  I have been practising for 30 years.
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My ex has "given me notice" she intends to dispose of my

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HI, my ex has "given me notice" she intends to dispose of my belongings in her house after only 19 days of notice. We used to live in Jersey together, in a two and a half year relationship, but I am now living in the UK, unemployed, financial broke and on Universal credit. I cannot afford to pay a hire van and ferry to go and get these items. We also have a dispute over finances which would resolve the situation if she would just agree a settlement. She will not communicate with me and I am worried my belongings will be sold or disposed of. What can I do??!!
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No
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 am in the UK, she is in Jersey Chanel Islands
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don't think so thanks

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

were you married?

what do you mean 'if she would agree a settlement' - in what regard?

and what do your belongings consist of?

Customer: replied 4 days ago.
No, not married. We have financial complexities where I have spent around £15,000 which I am seeking recompense. To do with a truck and materials/goods I have paid for in the home. My belongings are some furniture, lots of tools, equipment, clothing, computer etc.
Customer: replied 4 days ago.
I am on Universal Credit and unable to pay for anything at this time, due to these financial constraints and dispute.

I can only give you an answer based upon the laws of the UK mainland. The situation may be different in Jersey in which case you would need to contact a jersey lawyer

 

 

 

On the mainland there are some things you can do.

You can apply for an injunction to prevent her selling anything. You could do that in an emergency basis because of the timescale she has given you. There is no reason why you could not apply for that injunction on the mainland and serve it on her in Jersey.

However even on the mainland if she gives you a Torts Interference with Goods Act notice it would only give you 30 days to get rid of the goods anyway failing which she could dispose of them so it’s only going to be a short-term remedy in any event and the fee for that is GBP300.

That’s the court fee alone without even starting with solicitors.

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.

Check your house insurance to see if you have legal expenses cover that would pay for the legal cost of taking this to court.

Unfortunately, you can’t beat her with a stick until she capitulates and agrees to play nicely and if she doesn’t, your only remedy is to take her to court.

 

Can I clarify anything else for you?

 

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

 

Please take a moment to look at the top right-hand corner of the page and rate my service by clicking one of the stars at the top of the screen.

 

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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

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