Property Retention

Mojisola

vaio wrote: »

Maybe not such a bright idea as I don't think you can defend against a court action over a bounced or stopped cheque as handing it over in the first place is regarded as acceptance of the debt

This would be the case in a business transaction but this is between family members. If the OP said that she was going to loan her sister the money and then had second thoughts and cancelled the cheque, I can't see that it could be taken any further.

Moon_Maiden

Hi Folks I hear you all and thank you for your replies.

Moving onto the next stage - how do you go aboutclaiming THEFT BY CONVERSION?

Teddy_KGB

If you've got the receipts, then I'd just pay the £200 and get the furniture back. In my opinion it's not worth all this hassle over £200 and it's a small price to pay to get someone like this out of your life!

If you haven't got the receipts then I'd just walk away. Put it down to experience and never lend anything to friends or family ever again!

vaio

Mojisola wrote: »

This would be the case in a business transaction but this is between family members. If the OP said that she was going to loan her sister the money and then had second thoughts and cancelled the cheque, I can't see that it could be taken any further.

Now we’re into the area of telling lies to a court

jackieglasgow

Moon Maiden, no matter how much of a b1tch your sister has been, do you really want to pursue this by getting her charged with theft? Will it be worth the possible fallout with your family, the additional stress, time and possibly cost. It is important to see that sometimes it is the time to be the bigger person and walk away no matter how badly it sticks in your throat. For your own sake.

zzzLazyDaisy

Mojisola wrote: »

This would be the case in a business transaction but this is between family members. If the OP said that she was going to loan her sister the money and then had second thoughts and cancelled the cheque, I can't see that it could be taken any further.

There is no defence to a dishonoured cheque (apart from fraudulently obtaining the cheque) - the Bills of Exchange Act. Once you hand over a cheque the recipient is entitled to treat it as if you have handed over cash. It doesn't matter if the recipient is a company or a family member (except I suppose the family member might not be clued up enough to know this, and so might not know what legal redress is at their disposal).

Mojisola

vaio wrote: »

Now we’re into the area of telling lies to a court

A situation like this would never get as far as a court.

vaio

Mojisola wrote: »

A situation like this would never get as far as a court.

Famous last words, but if it doesn’t get to court then who is the

“…….if the OP said that she was going to loan her sister the money and then had second thoughts and cancelled the cheque…”

pack of lies you are suggesting aimed at?

ceridwen

Moon_Maiden wrote: »

Hi Folks I hear you all and thank you for your replies.

Moving onto the next stage - how do you go aboutclaiming THEFT BY CONVERSION?

Well - you are better informed than most of us then (including me) - as I just had to look up what that is....

Ah...understood now...ie its when someone gets something in the first place all "fair and square" (eg as a loan) but subsequently decides to steal it (ie "I know I borrowed it/stored it/etc - but I have now decided to keep it, even though I've not either been given it or bought it" - therefore a form of theft).

Right - I know what you mean now...

*****************

I dont think its worth going as far as a Court about this - you could be starting down a road that would lead to a load of hassle and a load of expense. If someone had stolen something really big off you (eg a house or something) then maybe it might be worth it. I dont think its worth it personally for the sake of some furniture - even if it is antiques (unless they are worth the value of a house possibly....). But - by and large - I would think it would not serve you well to go down that route.

Just stick to trying to get your property back and, if that proves not to be possible, then the second option is to see if there is a way to prevent her getting the benefit of her "ill gotten gains". Tell your parents - as, after all, they are entitled to know what their other daughter is like (if only in case she tries to treat them badly!). They should know they have had someone like this for a child - if only to protect themselves from suffering at her hands.

Just tell people - quite calmly and clearly - exactly what she has done and leave them to judge for themselves (ie decide not to be friends with her/give her a job/etc/etc - that they otherwise would have). No ranting...no raving...no taking her to Court - just try as best you can to get your property back and (either way) just telling people quite calmly and logically what she is like....

ceridwen

Further thought on this - as I think some peeps may wonder why I advocate doing something like spraying paint on your furniture to ruin it if you cant manage to get it back from her.

My reasoning is that one of your desired objectives is to have the whole matter off your mind/resolved as soon as possible. If she is sitting there enjoying possession of your furniture - then it will mean you are more likely to "brood on this" for longer. If you have done what you can/when you can to deal with the situation (including, IF possible, making sure she cant get any benefit from her "ill gotten gains" if you cant manage to get them back) then you wont sit there and brood for years that someone else is enjoying your property. You will know that they CANT be - enjoying it that is - so you can forget about the whole thing as fast as possible and get on with your life (minus her in it...).

You need to minimise the losses she might cause you - AND you also need to minimise the upset she is causing you (ie making sure that her actions have the smallest possible impact on your life).