Ex owes me £2700

Zeni

Lizzy___b wrote: »

There are a couple of items of furniture but I have a van so could cope with removal. To be fair all the furniture is mine but I'm leaving him with all of it except a few bits that my Nan gave me. I have informed the police but they are not interested.

I do have text from him admitting he owes the money so thought may be that's enough. It will have to go to smal claims. It's been 3 months now and he won't play nice. I've been trying to call CAB today but there was no one available all day so thought I'd try here.

Thanks

The way he is treating you I wouldnt leave him with anything that doesnt belong to him! My knowledge of this stuff is purely Judge rinder territory but the text seems like good evidence? Has he ever tried to pay you back anything towards it. Also re the bits in the house do you have recipts etc for any of them that you bought them if it comes to that?

Comms69

ringo_24601 wrote: »

If you've got a key, it's not breaking and entering. If you are only taking your belongings, it's not burglary.

Entering 'his' house is trespass, but it's a civil offense, not a legal one.

I don't know why the police would get involved.. video your entry to prove you did it without causing damage and only took what belonged to you; also, if he arrives and gets violent.

what on earth did you just post?


Not a legal one - what? Trespass is tort law, not a 'civil offence', and you can be sued for damages as well as loss.


If he arrives and finds her in his house, he's perfectly entitled to use reasonable force to remove her.


Just like if I popped into your through an open window.


This is why we have courts. OP would be well advised to ignore your suggestions, they hold no legal weight.

Comms69

Zeni wrote: »

The way he is treating you I wouldnt leave him with anything that doesnt belong to him! My knowledge of this stuff is purely Judge rinder territory but the text seems like good evidence? Has he ever tried to pay you back anything towards it. Also re the bits in the house do you have recipts etc for any of them that you bought them if it comes to that?

Judge Rinder regularly gets the law wrong. It's why his 'court' is considered ADR, on the small claims track.


Recepits don't prove ownership. Texts don't prove a debt.

[Deleted User]

Comms69 wrote: »

what on earth did you just post?


Not a legal one - what? Trespass is tort law, not a 'civil offence', and you can be sued for damages as well as loss.


If he arrives and finds her in his house, he's perfectly entitled to use reasonable force to remove her.


Just like if I popped into your through an open window.


This is why we have courts. OP would be well advised to ignore your suggestions, they hold no legal weight.

And the 'reasonable force' would be to call the Police, to make it criminal trespass. Using physical force would be assault. - https://www.theguardian.com/money/2007/jun/08/yourrights.legal If she is non-threatening, there isn't anything he can do really. So, yeh, there's a reasonable chance she'd get arrested, but probably not much chance of getting charged if she didn't cause damage or take anything that didn't belong to her.

I'm not saying it's a great idea though! TBH, he should change his locks anyway...

If someone popped into an open window of my property, I could yell at them to leave, but not use physical force.. i may not even be able to threaten them to leave either. Calling the police would be the main option.

Realistically, unless she's got something written down (or even text messages) where she says this money is a loan, she's not getting it back. Even then it's not going to be plain sailing.

OP - did you have any bills in your name? Did you pay any rent/regular mortgage payments?

You are right though. Don't take legal advice from idiots on the net

Comms69

ringo_24601 wrote: »

And the 'reasonable force' would be to call the Police, to make it criminal trespass. Using physical force would be assault.

If someone popped into an open window of my property, I could yell at them to leave, but not use physical force.. i may not even be able to threaten them to leave either. Calling the police would be the main option.

No. Reasonable force is just that, the use of force, which is considered reasonable (by the reasonable person)


There is no offence of 'criminal trespass'.


Use of physical force is perfectly acceptable. You just don't know the law well enough. Ofcourse you can use physical force to defend yourself and your property, it's well established law.


Why don't you spend a few minutes doing a very basic google search....

Comms69

ringo_24601 wrote: »

And the 'reasonable force' would be to call the Police, to make it criminal trespass. Using physical force would be assault. - https://www.theguardian.com/money/2007/jun/08/yourrights.legal If she is non-threatening, there isn't anything he can do really. So, yeh, there's a reasonable chance she'd get arrested, but probably not much chance of getting charged if she didn't cause damage or take anything that didn't belong to her.

I'm not saying it's a great idea though! TBH, he should change his locks anyway...

If someone popped into an open window of my property, I could yell at them to leave, but not use physical force.. i may not even be able to threaten them to leave either. Calling the police would be the main option.

Realistically, unless she's got something written down (or even text messages) where she says this money is a loan, she's not getting it back. Even then it's not going to be plain sailing.

OP - did you have any bills in your name? Did you pay any rent/regular mortgage payments?

An article from 10 years ago, or the current CPS guidance ( https://www.cps.gov.uk/publications/prosecution/householders.html) hm....

TBagpuss

send a letter listing your items, stating that you need him to suggest 2 or 3 alternative dates on which you can attend to collect your possessions, and that that you hold him responsible for any loss or damage to the times until they are returned to you.

Unless anything which is there is of sentimental value to you you could also include in the letter that you are happy or him to buy the items from you at a cost of £xx.

Give him a deadline and state that if he doesn't make arrangements to enable you to collect your items you will be taking further steps to recover them

In terms of the money owed, look up 'letter before action' and go from there.

[Deleted User]

Comms69 wrote: »

An article from 10 years ago, or the current CPS guidance ( https://www.cps.gov.uk/publications/prosecution/householders.html) hm....

And more guidance on reasonable force - http://www.cps.gov.uk/legal/s_to_u/self_defence/#Reasonable_Force

Really, OP needs to go seek legal guidance from a professional. Not halfwits like me online. Personally, I'd go get my stuff back using the key I had, and suffer the consequences. I'd make sure to have plenty of evidence of me retrieving just my stuff and nothing else, without causing any damage to anything else. But that's personal opinion. Then again, I made sure I had legal protection when I 'lent' my girlfriend £20k towards the deposit on our first home (it became shared upon marriage).

Comms69

ringo_24601 wrote: »

And more guidance on reasonable force - http://www.cps.gov.uk/legal/s_to_u/self_defence/#Reasonable_Force

Really, OP needs to go seek legal guidance from a professional. Not halfwits like me online. Personally, I'd go get my stuff back using the key I had, and suffer the consequences. I'd make sure to have plenty of evidence of me retrieving just my stuff and nothing else, without causing any damage to anything else. But that's personal opinion. Then again, I made sure I had legal protection when I 'lent' my girlfriend £20k towards the deposit on our first home (it became shared upon marriage).

The https://www.legislation.gov.uk/ukpga/1977/32 (Torts - interference with goods act 1977) requires the ex to allow her to collect possessions and in the interim to take reasonable care of them.


This is enforced via the courts, with an injunction or monetary value (depending is the property has been disposed of or not) - that's the route I'd advise, it's longer but safer.


The last thing she wants is a claim that she took that £500 cash he had on the side of the kitchen counter.

System

Does he go to work, OP? Could you not pop round and get your few things while he's out? Clearly he knows full well that a court isn't going to do anything, otherwise he would not be goading you with phrases like "see you in court'

However, if you can afford it, I would get the advice of a solicitor.