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JimLawyer
JimLawyer, Solicitor
Category: Law
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Experience:  Senior Associate Solicitor
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I need help on litigation with an ex partner, We are both in

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I need help on litigation with an ex partner
JA: Where is the ex partner? It matters because laws vary by location.
Customer: We are both in the uk
JA: What steps has the ex partner taken so far?
Customer: We broke up 2 years ago
JA: Anything else you want the Lawyer to know before I connect you?
Customer: and he has sent me a letter 6 weeks ago asking for some stuff he feels should be his and wants back. Eg. Shirts, bed spread, d tv, a desk few items like this that he did buy and frankly worth nothing and 3 items I bought when I was with him 2 watches and a bike all bought second hand that he feels I should give to him which I do not intend to do. He’s asked for the things back or £21,000!!!!!!! He’s totally bonkers and I feel I want to ignore his letter but do I need to legally reply?

Hello, this is Jim, a dual-qualified lawyer (UK & Republic of Ireland) and happy to help you today.
It sounds like a vastly inflated claim to me, not least because all of those items are not brand new - they need to be based on second hand prices. Not only that, the court would look at this from the point of view of who owns what. If there is no evidence then a claim will fail - as the burden of proof is on a claimant to prove their loss and in this case that means evidence of ownership. You can respond to him - point out his claim is hugely inflated and may be seen as an abuse of process if he sued and the court allocates this case to the fast track (a level above small claims), so he risks being asked by a judge to 1. prove his claim, 2. tell the court why his case warrants more of the court's resources with a fast track matter.
It sounds like a silly threat - you could reply to him and hope he doesn't issue a claim. If he does he has to pay the court fee which is 5% of the claimed sum (so he has to pay over £1,000 just to issue the claim). You should defend the claim if he does take that step - feel free to come back to this site for any future help.

I hope this helps? If I have answered the question would you kindly leave me a 5 star rating (at the top of your screen), any follow up questions are welcomed.

Many thanks,

Jim

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