Withholding our Property

Kaii

Hello. I need help please. In 2016 we, my partner and I borrowed money to buy a narrowboat, to live on from his mother. We are paying and have always paid her each month. We also short term stored items in her loft, and stored motorcycles in her shed. It was only ever short term. Then myself and her have fallen out, irretrievably. She has now fallen out with my partner, her son. Even though they no longer get on each month he pays her back to lessen the loan. We have been able to secure a storage unit, and want to put our things in. So we can use them. His mother is refusing to give us access to our belongings. Untill we have paid the loan.
What do we do? We can't get a bank loan and even the bikes if we sold them would raise peanuts as they are project bikes. The items belong to myself, and my partner not jointly. Please don't judge us on how we borrowed the money and now have fallen out, there really are good reasons. Which are I feel irrelevant to her keeping our items. Most of mine are just silly bits but mean a lot to me emotionally. Any help is greatly appreciated. Thank you.

[Deleted User]

You really need legal advice for this, not loans advice.

I'd suggest a letter before action, followed by small claims court action for the value of the items.

Hopefully it will be resolved before it reaches that stage.

tonyh66

To be honest, she may be wise to be holding onto these items as collateral for the loan. Look at it from her point, you owe her money she has items which gives you incentive to pay money back. Just make sure you collect the items when you make the final payment.

Shakin_Steve

tonyh66 wrote: »

To be honest, she may be wise to be holding onto these items as collateral for the loan. Look at it from her point, you owe her money she has items which gives you incentive to pay money back. Just make sure you collect the items when you make the final payment.

She has no right to any collateral, not unless it was written into a contract before the loan was made. It appears, from the one-sided, abridged version of events posted above, that she is being bloody minded. She has no rights in law.

Shakin_Steve

I hasten to add: I only hope some sort of contract was drawn up with reference to the arrangement over the original loan, or there's nothing to stop the OP saying " No goods, no money".

Voyager2002

By the sound of things the loan is not the problem.

I think that your partner needs to work on his relationship with his mother, and possibly offer her some reasonable security for the loan. And she of course needs to release your goods.

DCFC79

Agreed, your partner needs to sort out the differences.

System

Unless the items were agreed to be collateral and are named on a contract then she by not giving you them back is stealing them. A simple solution to this is to call the police.

iolanthe07

Tarambor wrote: »

Unless the items were agreed to be collateral and are named on a contract then she by not giving you them back is stealing them. A simple solution to this is to call the police.

The police have got more important things to do than interfere with domestic spats. They would regard it as a civil matter.

littlekellysmum

Is it written on a contract that she can withhold your items? Please go back and check that. if so, then she can withhold. Else she cannot. You can go to the court if needed.

lizphilip8

Well said. From the post I see that there is no written contract that she can withhold any collateral.