Can I take someone to court for borrowing a family video?

Intheattic

16 years ago my cousin asked if she could borrow a video and I've asked for it back hundreds of times in that time but she always fobs me off.

On it is a family holiday with me, my mum and dad on it. My dad passed away last October so it means alot to me. A relatives party on which is why she wanted to borrow it because she was at the party. It also has my late auntie on it in her final days on a little holiday too. This is the only video that exists with my dad on and it upsets me that I have no control over getting it back.

In 2009 I mithered her to death for it for her to say she would put it on a DVD for me. I said no I just want the video. She then posted a DVD through my door but it was blank.

Can I take her to court to get it back? I know it still exists because she put snippets of it on facebook not long ago.

Sorry if its a stupid question. It plays on my mind alot since my dad died because I'd love to be able to watch him on it.

Thanks in advance.

marliepanda

I'm assuming you own the video, personally, rather than a family member? (Difficult to ascertain I'm sure, but just asking)

If it's your property then yes you can take her to court to get your possession back.

pappa_golf

lost it , sorry


game over

whitewing

I think you would be better to try to go round hers to make a copy of it. If she is putting clips on facebook, then presumably she has it digitised. So take a memory stick round with you and stay there until it is done and you've checked it.

bazzyb

pappa_golf wrote: »

lost it , sorry


game over

This is exactly what would be the likely outcome, a court can make an order to give something back but if she claims it no longer exists then there's nothing that can be done, other than compensate you for the cost of a blank VHS tape.

Whilst you can take her to court, it is likely to just cause further upset and heartbreak.

Did you explain the DVD was blank and ask if she could try to do you another?

agrinnall

Note that if the video is owned by you then it is likely that you also own the copyright so you could insist that anything posted on Facebook be removed.

Stevie_Palimo

agrinnall wrote: »

Note that if the video is owned by you then it is likely that you also own the copyright so you could insist that anything posted on Facebook be removed.

For the additional hassle here it really is not worth it, Likely scenario is that the old VHS is now gone and recording added to a dvd and or pc/storage device if snippets are being posted online.

For the sake of any hassle here just go to there home instead and wait until you get it back prior to leaving, If it is on dvd now so what it will not harm you and who really uses videos these days.

paddyrg

What's more important, the physical VHS or the film of your father? Get a better copy of the DVD/video. I don't know your sibling relationship, but step back and think what your late father would say - would he be saddened if his daughters went to court over a tape?

bod1467

Daughters?

paddyrg

Daughter and niece then, family at least!

stugib

...or she's digitised only the bits she wanted and binned the tape