Ex-Girlfriend won't return my TV

unholyangel

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.

As i said in my previous post, my ex broke in and stole MY stuff (which i could provide receipts for and police saw for themselves what state he'd left the place in), they had closed the case initially as the attending officers had wrongly reported he had a key. Because of this, it was not a criminal matter. Despite the fact it was my belongings he took.

It was only after i pointed out i'd informed them he didnt have a key as i'd changed the locks that they were willing to do anything and agreed it was a criminal matter.

And nor would they dust for fingerprints as because he had lived there his fingerprints would be found - even some months later (kicked him out March and this was July).

VitaK

The OP stated the TV was for shared use. The OP did have the TV delivered at her partners address where it was setup and used. The OP did not take the TV home with him when the relationship ended. Is the TV the OP's property or a gift to hes partner? why have it taken 4 months... Maby it is the OP's property but only the OP and the ex knows what arrangement/contract was made back then.

And yes if she wants to play dirty she could tell the police other items gone missing when the OP so gracefully helped himself to the TV.

What if a neighbour calls the police and catch him in the act.

What if the ex-girlfriends kids is home on there own when he gains entry to the her property.

Im in no way saying give up on the TV im saying dont do anything stupid you will regret.

unholyangel

You just dont get it though do you? The police will not do anything if he uses a key - i have personal experience that they wont - regardless if what he takes doesnt belong to him. It is a CIVIL matter.....not a CRIMINAL one.

Further to the point, small claims goes on balance of probabilities.........its a 50" tv, not a pair of jeans. So yes 4 months is completely reasonable imo. OP could have been living with a friend or his parents and had no where to put the tv. Also, for all we know he's been trying to get the tv off her for months.

He'll also have the payment statements saying he has been the one paying for the tv.

I did say to call the police to ask first. And they may even attend with him - thus providing him with a believable witness should she try to make false accusations that he broke in etc. But if she hasnt sold the tv, she cant claim it as stolen. If she has sold it, he can start filing a claim against her.

You may actually be surprised at how screwed up UK law is. For instance do you know that if you have lived in a home with someone as a married couple, they try to kill you or are abusive, you split up with them etc......that they can still enter that property any time they wish even using force to gain entry and there is not one thing the police can do to stop them? Common sense would imply they shouldnt be able to. Law states otherwise.

Optimist

unholyangel wrote: »

As i said in my previous post, my ex broke in and stole MY stuff (which i could provide receipts for and police saw for themselves what state he'd left the place in), they had closed the case initially as the attending officers had wrongly reported he had a key. Because of this, it was not a criminal matter. Despite the fact it was my belongings he took.

It was only after i pointed out i'd informed them he didnt have a key as i'd changed the locks that they were willing to do anything and agreed it was a criminal matter.

And nor would they dust for fingerprints as because he had lived there his fingerprints would be found - even some months later (kicked him out March and this was July).

The police really do not like to get involved in what they view as domestics.

Even if he had a key he still entered with the intent to steal and whilst trespass is a tort in the normal course of events, because he has then stolen it would come under s9(1)(a) of the Theft Act and as such can he can be charged. The police in your case took the path of least resistance.

If the OP takes his TV and the ex calls the police and only reports that the TV was taken and the OP can proof it is his property then there is every chance the the police will let it go.

If however the OP decides to help himself to cash etc or the ex alleges such then the police might take further action. Whether they will or not is a moot point and as Crazie Jamie said earlier even then CPS might decide on no further action anyway.

mandragora_2

Is it really worth the hassle and aggro? Take it to small claims if you like - the straightforward, legal recourse, and one that gives you a bit of dignity. No sneaking into someone's house where you won't be wanted and where you know you're not really supposed to be, whatever the barrack-room lawyers here are advising. Is breaking in, which is what it's going to feel like, I imagine, something you'd normally consider, but for this situation and their encouragement? How much do you really need this tangle in your life? If you know it's going to rankle, act, by all means, but on your terms and to your standards, not hers. If it was me, to be honest, I'd be tempted to write it off as a lesson learned and, if you get away from her at a cost of £900 and get on with spending the rest of your life on people and activities that are more worthwhile, that's £900 well-spent, I'd say.

unholyangel

mandragora wrote: »

Is it really worth the hassle and aggro? Take it to small claims if you like - the straightforward, legal recourse, and one that gives you a bit of dignity. No sneaking into someone's house where you won't be wanted and where you know you're not really supposed to be, whatever the barrack-room lawyers here are advising. Is breaking in, which is what it's going to feel like, I imagine, something you'd normally consider, but for this situation and their encouragement? How much do you really need this tangle in your life? If you know it's going to rankle, act, by all means, but on your terms and to your standards, not hers. If it was me, to be honest, I'd be tempted to write it off as a lesson learned and, if you get away from her at a cost of £900 and get on with spending the rest of your life on people and activities that are more worthwhile, that's £900 well-spent, I'd say.

No one's advising the OP to break in. He has a key, therefore trespassing and not breaking in. Big difference as one is a criminal matter and the other is a civil matter.

I, myself, have advised to call the police first to check and also to ask if they will accompany him and i'm pretty sure one or two other posters also said the same.

I believe it states in the rules or etiquette section somewhere that you're to double check before acting upon advice given. Even professionals (such as police or lawyers) can give wrong advice. He obviously isnt fool enough to proceed without caution else he wouldnt be on here asking for ideas/advice.

An even better idea would be for the OP to ask a mutual friend to visit and see if the tv is still there - providing they have any mutual friends of course. Then again, it may put that friend in an awkward position.

mandragora_2

unholyangel wrote: »

No one's advising the OP to break in. He has a key, therefore trespassing and not breaking in. Big difference as one is a criminal matter and the other is a civil matter.

I, myself, have advised to call the police first to check and also to ask if they will accompany him and i'm pretty sure one or two other posters also said the same.

I believe it states in the rules or etiquette section somewhere that you're to double check before acting upon advice given. Even professionals (such as police or lawyers) can give wrong advice. He obviously isnt fool enough to proceed without caution else he wouldnt be on here asking for ideas/advice.

An even better idea would be for the OP to ask a mutual friend to visit and see if the tv is still there - providing they have any mutual friends of course. Then again, it may put that friend in an awkward position.

You're entitled to your point of view. I just think that it's not a great thing to do, if it's not something you'd normally do, whatever the legal definitions. I wouldn't want to, and as far as I can see it's not a point that many others are making, in their gung-ho, second-hand rush for 'justice'. OP asked for advice. I've offered my tuppence worth. He can add it into the mix of suggestions and consider it, or ignore it. Up to him.

soothyerboots

Blow up her house.

bod1467

But that'll destroy the TV.

unholyangel

mandragora wrote: »

You're entitled to your point of view. I just think that it's not a great thing to do, if it's not something you'd normally do, whatever the legal definitions. I wouldn't want to, and as far as I can see it's not a point that many others are making, in their gung-ho, second-hand rush for 'justice'. OP asked for advice. I've offered my tuppence worth. He can add it into the mix of suggestions and consider it, or ignore it. Up to him.

Asking the police isnt a great thing to do? Or did you skip over that part of my posts?

If police say its fine and even agree to go with him, I'd say thats a fantastic thing to do. A cop would make a much more reliable witness than a "friend" or family member.