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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 7226
Experience:  Owner at James Bruce Solicitors
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I have a further question if you can help. I have written my

Customer Question

Hi again I have a further question if you can help.I have written my ex partner a letter stating I don’t want him to come round my house when I’m not here and if he wants to remove any of his belongings he will have to arrange a convenient time when we are both here, is that a reasonable request?When he was living here which was 16 years he paid for some things and I paid for some things. We have a caravan which is in his name although I have contributed towards paying for it. He now wants to remove it from the property so I will probably never see any money he gets for it. I recently loaned him £3780 to pay his tax bill and overdraft off and I’ve asked him to pay £50 per week to pay it off but have had no response so far. I have placed a wheel clamp on the caravan so he can’t move it. Am I doing the right thing? Where does the law stand on this? I have said if he enters the property I will call the police as he is violent and abusive and i had to report him before because of this. Should I report him again so he can’t come round and remove anything or do anything?
Submitted: 17 days ago.
Category: Law
Expert:  james bruce replied 17 days ago.
Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
Customer: replied 17 days ago.
Thank you
Expert:  james bruce replied 17 days ago.

Remind me, is his name on the property?

Customer: replied 17 days ago.
We rent with the council and I need to phone them to tell them he doesn’t live here anymore
Customer: replied 17 days ago.
I was thinking of leaving him on the tenancy as if anything happens to me he has somewhere to live with the children! Am I being too nice?
Customer: replied 17 days ago.
Just trying to lookout for my childrens future
Customer: replied 17 days ago.
at present his name is ***** ***** tenancy
Expert:  james bruce replied 17 days ago.

At the moment then, as he is still on the tenancy he is legally allowed to return whether you are there or not.

He is allowed to remove any property that is personally his.

He will of course need to negotiate any jointly owned items with you.

You have no legal right to clamp his caravan, it is in his name so he can remove an illegally fitted clamp.

As for the money you have loaned him, if he has not paid you, them you should send him an official “letter before claim” this letter sets out what he owes you and what and the amount and gives a date to repay you. If he does not repay by that date you can then start a money claim against him at court.

I have attached a template letter you can use and a link to the money claim site.

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

Customer: replied 17 days ago.
The fact that he has been abusive physically in the past is the reason I don’t want him here. I know if he turns up he won’t care he will just go for it! Do you recommend I just putting in a report with the police ad I’m very worried he could physically hurt me
Expert:  james bruce replied 17 days ago.

You should apply for a non molestation order with the family court, you can do that online as an urgent application.

It will be granted at least as a temp order pending a formal hearing.

It would prohibit him from attending the property or contacting you unless most likely via a solicitor.

https://www.gov.uk/injunction-domestic-violence

Customer: replied 17 days ago.
I have already written him a letter saying I won’t a response and a signed agreement to pay at least £50 per week towards his debt I have given him until Saturday to come up with a response otherwise I have told him I will go to the small claims court, he had had three weeks notice so far to sort this out. Is this an ample time limit?
Expert:  james bruce replied 17 days ago.

Did you letter sta it was a letter before claim and containing the protocol, if not, send this letter.

Customer: replied 17 days ago.
I stated he had until Saturday 15th May to either pay me the proposed amount of £50 per week or I would file the claim to the county court
Expert:  james bruce replied 17 days ago.

Send the letter I sent you, then there is no dispute that it is a formal letter before claim that also states the civil protocol

Customer: replied 17 days ago.
I haven’t received a link to your letter?
Expert:  james bruce replied 17 days ago.

It was attached above.

Customer: replied 17 days ago.
Yep got it now, thank you so much for your advice it’s really appreciated
Expert:  james bruce replied 17 days ago.

You are very welcome.

Can I assist or clarify anything further?

Customer: replied 17 days ago.
I think you’ve clarified everything I wanted to know at the moment thank you so much
Expert:  james bruce replied 17 days ago.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 17 days ago.
Thank you
Expert:  james bruce replied 17 days ago.
You are welcome.