Ex partner in small claims action

ValHaller

zzzLazyDaisy wrote: »

50/50 would be a good compromise, but it is not an option open to the judge, who has to decide which party should win, there is no halfway house.

50/50 or return is the claim if OP is giving an accurate outline of the claim. So 50/50 would be open to the judge, surely.

zzzLazyDaisy

ValHaller wrote: »

50/50 or return is the claim if OP is giving an accurate outline of the claim. So 50/50 would be open to the judge, surely.

It depends on the wording of the claim. It seems that he is claiming that he owns the bed and wants it returning, but is willing to let her keep it if she pays him half of the original cost.

She appears to be defending on the basis that he bought the bed for her, and installed it in her home - ie it was a gift.

Unless he is claiming that the original agreement at the time the bed was between them was that the bed would stay at her house and that she would pay half of the cost (which does not appear to be the case) then the judge has no power to order her to pay him anything for the bed. The only decision open to the judge is who is the rightful owner of the bed.

The fact that he has offered her the choice of buying the bed off him for half the original cost instead of arguing the question of ownership in court, as an attempt to settle the matter out of court, does not make any difference to the dispute about ownership.

loracan1

wowiezowie wrote: »

The bed is in his name and he is still paying it off in installments.

Says it all, surely?

Errata

He can't prove the bed wasn't a gift, she can't prove it was. If he wants to go halves, then half is the cost of the bed less wear and tear and excluding any finance charges. About a tenner.

BitterAndTwisted

Coo, a separated couple arguing the toss over a manky second-hand bed. Not very classy, plus petty to the max.

I'd be ashamed if I was either party in this dispute. Skeezy doesn't quite cover it

ValHaller

zzzLazyDaisy wrote: »

The only decision open to the judge is who is the rightful owner of the bed.

That looks like a fairly straightforward route to give the option of 50/50?

zzzLazyDaisy

ValHaller wrote: »

That looks like a fairly straightforward route to give the option of 50/50?

So you are suggesting that the judge could decide that the bed is jointly owned between the parties, even though neither party is claiming that to be the case? Apart from the fact that this is not an option open to the judge (unless one party is expressly claiming this to be the case) if the judge did in fact find that they were joint owners, the logical next step would be that the judge could order the ex to pay her half the cost if he wishes to take the bed away.

In reality, judges don't mediate. They simply look at the facts as presented by each party, and make a decision one way or the other.

wowiezowie

In the original claim sent to my relative the ex partner is asking for the bed to be returned to him or my relative to keep it and pay half of the original cost of the bed which was £2000.

Errata

Blimey, who made it? Chippendale?

Claree__x

Is it just me, or is £2000 ridiculous for a bed?