Arrested after taking legal advice

marywooyeah

I see where you are coming from. I reead the op as the ex has abadoned the goods due to the number of efforts that she has made offering them to him and therefore no express bailment, you read it as a involuntary bailment has arisen as opposed to the goods being abadoned and op being able to dispose of them legally. Correct?

I then onoy addressed the criminal issue as thats what the op (appeared) to be specifically asking advice on, but I see now why you refer to the civil side as well.

Either way, op appears to have a good argument that she did not act dishonestly (for the criminal side) but as she says she has not sold any of the goods she could also have a good argument that she has maintained her duties as a bailee, if the ex could show that an involuntary bailment had indeed arisen. I hope this is clearer now.

anniefoss

I will address the questions you ask
In Dec 2010 I told my ex to leave
I was treated for post traumatic stress and didn't contact him until Feb 2011 giving him 14 days notice to remove his belongings, letter was ignored. I then wrote three further letters and the in the final one, stating I would put all his stuff into his campervan (parked on my drive). Still nothing!
I realised at this point that he had taken my £1.000 camera, an antique table (once part of the royal household) and my passport. I wanted to go on a caving expedition and needed my passport. I wrote to him asking for my things. He ignored all the letters and emails. I contacted the Passport Office, who told me to call the police immediately as my passport remains the property of the govt. They should recover it or give me a crime number so that I could get a replacement. I called the police and the local beat officer came, he took details and said he would call on my ex. Police officer came back and said ex had posted it by special delivery. A week later I called police and said 'no passport.' Ploice went back and told him to give the passport, he said 'not until he got all his stuff.' Police said it was a criminal offence to keep it and he said 'it was definitely in the post.' It did arrive a couple of days later. In the meantime I had made the allegations of abuse and so had my sons (bearing in mind one has learning difficulties). The police officer (who knows me well) suggested, the boys and me had been through enough and perhaps we should just get on with our lives.
A few months after loading up his camper van, a pick up truck arrived and took it. I then wrote to him again and said 14 days to collect the rest of your stuff (all this time taking legal advice from Tesco). No reply again, another letter stating 'if you don't collect, I will dump it outside your house. I took the rest of his stuff to his house and left it.
In the summer of 2012 a woman turned up with a clipboard with a list of stuff she wanted to collect. She said she was from a legal firm, but wouldn't give me details. I gave her everything off the list, except she couldn't lift a pair of speakers. I wrote to him, saying the speakers were still outside and when would he be collecting them. He sent me an email, saying 'if the speakers got wet or damaged, I would be in trouble for criminal damage. So with the help of my son, I put them in the garage. A few weeks later, again out of the blue a man turned up and collected the speakers.
Fast forward 2 years and this June I decided to have my kitchen done. The builders took down the lights (ex had fitted and didn't want back) and told me the wiring in the loft was dangerous but boxes needed to be removed before they could work. I have a disability in my arms and cannot get into the loft. Builders brought down the remaining boxes and it was some of his stuff that I had told him to collect. I took further advice from Tesco and they said 'I had given him reasonable time to collect, Tort Act etc.'
My daughter sent an email to a group, which he belongs to asking if anyone wanted to buy the puppet head.
Four police officers arrested her and then I was arrested. This bit is interesting, they told my daughter she was being arrested for theft from my home. She told them she hadn't taken anything from my home. She told them exactly where the puppet head was.They then turned up at my home, with a search warrant. They didn't need to search because the box was where my daughter told it was. They then arrested me for theft of property from my ex.
As I said the police were very polite and incredibly kind and I know only doing their job. But come on 16 hours and four police officers to arrest my daughter and 10 hours for me?
They took my lap top and iPad, searched my daughters friends and boyfriends home (forcing entry into her friends home). They took her friends lap top, but all were given back and hadn't been looked at.
Ex is denying he gave presents of toys to my sons and that I illegally sold them on ebay. The police asked if I had sold/.given away anything that belonged to him and I said most of the stuff he failed to collect went to charity shops and the only stuff sold was what he had given to my sons and they didn't want.
Both my daughter and myself were questioned and released on Police Bail until 1 Oct.
Since writing to you all, I decided to clean up my kitchen (new extension). I moved the dog basket, only to find she has nabbed the puppet head and been quite happily chewing the hair (she is a working cocker). I have no idea how she did it, unless the police left the box open and she took it. She will take anything with fur or hair. Now I am worried about this, that puppet head has been safely tucked in a box the whole time it has been here.
Seriously, you couldn't make this lot up.

anniefoss

UPDATE

I have just spoken to Tesco legal, who confirmed that I had taken legal advice from them. A more senior legal adviser has just called me, stating that I should have been told that there might be repercussions from their advice to me and he can see from the notes I was not told that. I told him, I would never have acted on their advice if that addendum had been added at the time. He just said sorry, advice please?

geoffky

Get the sorry in writing,Just in case you ever need to present it.

But you will have to stand on your own because adults are classed as making independent choices even though you were advised.
.
I reckon there will be a caveat in the insurance documents..Such as
We will advise you legally but can not be held for your subsequent actions following our advice....Note the word advice..

Yorkie1

As you've been bailed for further enquiries, I would suggest that you get yourself a solicitor sooner rather than later who can write the police a letter presenting your case (i.e. denial of dishonesty, and all the other facts you've mentioned about the allegations he's made against you) in advance, and also attend the police station with you when you go back in response to your bail.

The abuse allegations and passport allegations, are to be treated separately so don't merge them all into one issue (even though they are all parts of the whole break-up history).

DUTR

anniefoss wrote: »

UPDATE

I have just spoken to Tesco legal, who confirmed that I had taken legal advice from them. A more senior legal adviser has just called me, stating that I should have been told that there might be repercussions from their advice to me and he can see from the notes I was not told that. I told him, I would never have acted on their advice if that addendum had been added at the time. He just said sorry, advice please?[/QUOTE]

I read the thread yesterday, and had my reservations about the episode and still do
Personally I think there is more to the story than you have posted, but it doesn't matter, the battle of the ex's often gets ugly.

coolcait

Nicki wrote: »

That being said, its only an issue if what is said causes a substantial risk of serious prejudice to any forthcoming trial and nothing on this thread gets close to that not least because it is all anonymous and the facts are fairly commonplace.

Good point!

anniefoss wrote: »

I will address the questions you ask
In Dec 2010 I told my ex to leave
I was treated for post traumatic stress and didn't contact him until Feb 2011 giving him 14 days notice to remove his belongings, letter was ignored. I then wrote three further letters and the in the final one, stating I would put all his stuff into his campervan (parked on my drive). Still nothing!
I realised at this point that he had taken my £1.000 camera, an antique table (once part of the royal household) and my passport. I wanted to go on a caving expedition and needed my passport. I wrote to him asking for my things. He ignored all the letters and emails. I contacted the Passport Office, who told me to call the police immediately as my passport remains the property of the govt. They should recover it or give me a crime number so that I could get a replacement. I called the police and the local beat officer came, he took details and said he would call on my ex. Police officer came back and said ex had posted it by special delivery. A week later I called police and said 'no passport.' Ploice went back and told him to give the passport, he said 'not until he got all his stuff.' Police said it was a criminal offence to keep it and he said 'it was definitely in the post.' It did arrive a couple of days later. In the meantime I had made the allegations of abuse and so had my sons (bearing in mind one has learning difficulties). The police officer (who knows me well) suggested, the boys and me had been through enough and perhaps we should just get on with our lives.
A few months after loading up his camper van, a pick up truck arrived and took it. I then wrote to him again and said 14 days to collect the rest of your stuff (all this time taking legal advice from Tesco). No reply again, another letter stating 'if you don't collect, I will dump it outside your house. I took the rest of his stuff to his house and left it.
In the summer of 2012 a woman turned up with a clipboard with a list of stuff she wanted to collect. She said she was from a legal firm, but wouldn't give me details. I gave her everything off the list, except she couldn't lift a pair of speakers. I wrote to him, saying the speakers were still outside and when would he be collecting them. He sent me an email, saying 'if the speakers got wet or damaged, I would be in trouble for criminal damage. So with the help of my son, I put them in the garage. A few weeks later, again out of the blue a man turned up and collected the speakers.
Fast forward 2 years and this June I decided to have my kitchen done. The builders took down the lights (ex had fitted and didn't want back) and told me the wiring in the loft was dangerous but boxes needed to be removed before they could work. I have a disability in my arms and cannot get into the loft. Builders brought down the remaining boxes and it was some of his stuff that I had told him to collect. I took further advice from Tesco and they said 'I had given him reasonable time to collect, Tort Act etc.'
My daughter sent an email to a group, which he belongs to asking if anyone wanted to buy the puppet head.
Four police officers arrested her and then I was arrested. This bit is interesting, they told my daughter she was being arrested for theft from my home. She told them she hadn't taken anything from my home. She told them exactly where the puppet head was.They then turned up at my home, with a search warrant. They didn't need to search because the box was where my daughter told it was. They then arrested me for theft of property from my ex.
As I said the police were very polite and incredibly kind and I know only doing their job. But come on 16 hours and four police officers to arrest my daughter and 10 hours for me?
They took my lap top and iPad, searched my daughters friends and boyfriends home (forcing entry into her friends home). They took her friends lap top, but all were given back and hadn't been looked at.
Ex is denying he gave presents of toys to my sons and that I illegally sold them on ebay. The police asked if I had sold/.given away anything that belonged to him and I said most of the stuff he failed to collect went to charity shops and the only stuff sold was what he had given to my sons and they didn't want.
Both my daughter and myself were questioned and released on Police Bail until 1 Oct.
Since writing to you all, I decided to clean up my kitchen (new extension). I moved the dog basket, only to find she has nabbed the puppet head and been quite happily chewing the hair (she is a working cocker). I have no idea how she did it, unless the police left the box open and she took it. She will take anything with fur or hair. Now I am worried about this, that puppet head has been safely tucked in a box the whole time it has been here.
Seriously, you couldn't make this lot up.

Ah. Slightly less commonplace.

anniefoss

Of course there is more to the story, the man bullied and abused my children. He threw my older autistic son out, resulting in him being raped, stabbed and having a long stay intensive care. He threatened my daughter not to tell me the extent of what he was doing. I lost friends and family, not ever did I think I would end up in a situation, where I was about to throw myself off Orwell Bridge.
Tesco finest insurance is called 'Legal Guard.' It will provide legal defence in prosecution cases. The manager who called me, said I am covered by TORT Act. He said they cannot apologise enough for not being told about consequences.

Guest101

anniefoss wrote: »

Of course there is more to the story, the man bullied and abused my children. He threw my older autistic son out, resulting in him being raped, stabbed and having a long stay intensive care. He threatened my daughter not to tell me the extent of what he was doing. I lost friends and family, not ever did I think I would end up in a situation, where I was about to throw myself off Orwell Bridge.
Tesco finest insurance is called 'Legal Guard.' It will provide legal defence in prosecution cases. The manager who called me, said I am covered by TORT Act. He said they cannot apologise enough for not being told about consequences.

Did you use the duty solicitor when you were arrested? If so what did they say? if not, go find an independant solicitor and ask them.

Chances are this will go NFA, but u need to cover yourself.

This may be covering by Tort but the police can still ask the CPS to prosecute.

anniefoss

Thanks, I'm taking further advice today. I have a job which means I have to be absolutely squeaky clean. Work have given me access to company solicitor.