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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 78060
Experience:  Over 5 years in practice
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I want my possessions back off my ex do I need to go through

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I want my possessions back off my ex do I need to go through small claims court
JA: Where are you? It matters because laws vary by location.
Customer: Sleaford lincolnshire
JA: What steps have you taken so far?
Customer: I've asked him well before lockdown and my son as and he kept saying he will get them to me, then his work colleague picked it up , he said he was meant to bring it to my house but never did , so now it's in a van at someone's place 40 mins from me, and of course this person went on holiday, then lockdown and as said for two last weekends was bringing it but nothing at all
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No dont think so

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Jo C. and 7 other Law Specialists are ready to help you
Customer: replied 2 months ago.
Ok
Customer: replied 2 months ago.
Online will be fine

Oh no problem. I can do this online.

Are you prevented from collecting? Is he refusing to allow you to ?

Customer: replied 2 months ago.
He keeps making excuses but hasn't said no, but I dont see why I should arrange a van when he has had my things moved do you
Customer: replied 2 months ago.
I can ask for an address to pick up what if he makes another excuse why I cant

Right but do you have an address already?

Customer: replied 2 months ago.
No not where they took them
Customer: replied 2 months ago.
There not in the place they should be,

Thanks for the information.

Can you give me 20 mins to dictate an answer.

Thank you.

Generally speaking, it would be your duty to collect rather than his. He is under an obligation to make them available to you but not to deliver.

But if he has moved them to an address you don't know then that is different.

You could sue at the small claims court for the value of the goods.

Alternatively, you could seek an injunction forcing him to hand them over.

Either way you need to warn him. It won't come to that. Just send him one text/email that says that if he does not deliver up your property within 14 days you will sue him for the value/ seek an injunction at his cost.

Can I clarify anything for you?

Jo

Customer: replied 2 months ago.
Thankyou I much appreciate that

No problem.

All the best.

Please remember to rate my answer.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

Customer: replied 2 months ago.
Can I use online or get an order

You can issue online but it isn't really a good idea because you want to recover the specific items.

It won't come to that anyway. Just contact him with that warning and he wil cave in or at least give us something to go on

Customer: replied 2 months ago.
No online will do

ok

Customer: replied 2 months ago.
Brilliant thankyou
Customer: replied 2 months ago.
I did however say something similar last week but it never turned up

Did he respond at all?

Customer: replied 2 months ago.
Nope

Ok, try it again and see what happens.

You can always report him to the police if he just doesn't respond. They won't act but they might warn him.

Customer: replied 2 months ago.
Ok I've emailed him and said so we see what happens thankyou for your help

Welcome.