Ex-Girlfriend won't return my TV

skintbuthappy81

For it to be classed as burglary the op would have to enter the house with the intention of stealing property, causing damage or to inflict abh. If it is his property it wouldn't be burglary. It would be trespassing though I think.

Personally I would contact police and ask them to go with you to collect it (but try and make sure it is there if you can. e.g through the window, ask mutual friends etc) police will attend to prevent breach of the peace.

visidigi

arcon5 wrote: »

Just because he has a key doesn't mean he still has the right to enter the property. Nor should she have to go to the expense of changing the locks, which brigns forth the question why does op still have a key?

If somebody finds a set of keys in the street and you arrive home to find them in your house, if you called the police, do you seriously think they're going to turn around and say 'sorry, it's a civil matter because he had a key?'. (unless ofcourse their claimign squatters rights)

The issue isn't about op recovering his TV, it's about him entering into her property without permission to recover his property.

theres a difference between someone finding keys and going into a property and someone having a key which was given to them to claim back property that is in the persons name.

She should have to go through the expense of replacing the locks - she gave out the key - its her responsibility to manage the use of those keys - to the same extent, if I lost my keys in the street the first thing I would do is replace the locks, doesn't matter if the keys are found or not - my house insurance wouldn't cover me if I didn't!

The guy's TV is in her house, he pays for the TV. Its his. In the same way if I was to default on a payment on a car bought on finance the finance company can come onto my land and remove the car from my land. They are not trespassing, or is it burgulary, they are reclaiming their property.

Hintza

The OP can either fanny around and probably end up paying for months for a TV the never see again or they can go and try getting it back.

I know what I would do.

ses6jwg

LOL OP I was in the same position 18 months ago.

I still had a key. I just waited until I knew she was out, walked in, took the TV along with my daughters passport (which I had paid for) and her child trust fund documents (I was registered contact).

She called me all the names under the sun, I dropped the key at her Mums that was the end of the matter.

unholyangel

arcon5 wrote: »

Just because he has a key doesn't mean he still has the right to enter the property. Nor should she have to go to the expense of changing the locks, which brigns forth the question why does op still have a key?

If somebody finds a set of keys in the street and you arrive home to find them in your house, if you called the police, do you seriously think they're going to turn around and say 'sorry, it's a civil matter because he had a key?'. (unless ofcourse their claimign squatters rights)

The issue isn't about op recovering his TV, it's about him entering into her property without permission to recover his property.

As was said, different to finding/taking a key and being given a key. Being given a key implies permission to access.

I know first hand that the police wont do anything if the person has a key. My ex broke in, stole MY stuff (I'd dropped most of his stuff to a mutual friends and given him 2 months to come and collect the rest before throwing it out) and the police closed the case as they said he'd used a key therefore it was a civil matter.

Kicker being that it was obvious he hadnt used a key and had broken in, the door frame was fractured and I actually showed the police the OLD locks (which he did have a key for) and informed them I had changed the locks the day I kicked him out. I ended up getting an apology from their superior but just goes to show how attentive to detail they were =/ ofc they reopened the case after finding out he hadnt used a key. But before that? They werent going to do anything.

Crazy_Jamie

unholyangel wrote:

Trespassing is (for the most part) a civil matter, not a criminal one. As far as i remember, it only becomes criminal if there are other parts to it (such as breaking and entering).

Correct. The OP does not need to worry about being 'charged' with trespass, because that alone is not a criminal offence in the UK.

Entering a property as a trespasser with intent to steal is burglary, as has already been mentioned, but the chances of the OP being charged with that in this scenario are virtually nil. Entering property even as a trespasser to recover your own property is not burglary, and even if by some extraordinary stroke of bad luck he was arrested, it would take a massively inept CPS lawyer to even consider charging this.

I would go along with the majority suggestion. Wait until you know she is out, then go round and take your television back. If she has in fact sold it, further issues are obviously raised at that point.

NCISROCKS

Did you get it?!!!

VitaK

nickyg86 wrote: »

... I split up with my Ex-Girlfriend about 4 months ago ... I had the TV ordered to her house so we could both use it...

If the TV was not a gift you should not have waited this long to try and collect it. If it does end up in a small claims court then this along with the delivery address may not be in your favor.

Please dont even consider entering your ex-girlfriends property on your own and without her knowledge. All she have to do is say she had £100 and some jewelry on the table and you could end up with a criminal record.

If the situation cant be resolved with a polite phonecall then by all mean seek legal advice. Oh and return her key asap.

neilmcl

VitaK wrote: »

Please dont even consider entering your ex-girlfriends property on your own and without her knowledge. All she have to do is say she had £100 and some jewelry on the table and you could end up with a criminal record.

Really! And where exactly would they get the proof to support this "theft".

NCISROCKS

VitaK wrote: »

If the TV was not a gift you should not have waited this long to try and collect it. If it does end up in a small claims court then this along with the delivery address may not be in your favor.

Please dont even consider entering your ex-girlfriends property on your own and without her knowledge. All she have to do is say she had £100 and some jewelry on the table and you could end up with a criminal record.

If the situation cant be resolved with a polite phonecall then by all mean seek legal advice. Oh and return her key asap.

...right after you collect YOUR TV...ignore the rest.