Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • Kaii
    • By Kaii 7th Feb 18, 11:51 AM
    • 1Posts
    • 0Thanks
    Kaii
    Withholding our Property
    • #1
    • 7th Feb 18, 11:51 AM
    Withholding our Property 7th Feb 18 at 11:51 AM
    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.
Page 1
    • zx81
    • By zx81 7th Feb 18, 11:54 AM
    • 17,215 Posts
    • 18,288 Thanks
    zx81
    • #2
    • 7th Feb 18, 11:54 AM
    • #2
    • 7th Feb 18, 11:54 AM
    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
    • By tonyh66 7th Feb 18, 12:39 PM
    • 1,145 Posts
    • 794 Thanks
    tonyh66
    • #3
    • 7th Feb 18, 12:39 PM
    • #3
    • 7th Feb 18, 12:39 PM
    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
    • By Shakin Steve 7th Feb 18, 1:11 PM
    • 1,455 Posts
    • 1,200 Thanks
    Shakin Steve
    • #4
    • 7th Feb 18, 1:11 PM
    • #4
    • 7th Feb 18, 1:11 PM
    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.
    Originally posted by tonyh66
    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.
    I came into this world with nothing and I've got most of it left.
    • Shakin Steve
    • By Shakin Steve 7th Feb 18, 1:14 PM
    • 1,455 Posts
    • 1,200 Thanks
    Shakin Steve
    • #5
    • 7th Feb 18, 1:14 PM
    • #5
    • 7th Feb 18, 1:14 PM
    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".
    I came into this world with nothing and I've got most of it left.
    • Voyager2002
    • By Voyager2002 7th Feb 18, 1:31 PM
    • 12,137 Posts
    • 8,256 Thanks
    Voyager2002
    • #6
    • 7th Feb 18, 1:31 PM
    • #6
    • 7th Feb 18, 1:31 PM
    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
    • By DCFC79 7th Feb 18, 1:45 PM
    • 31,892 Posts
    • 20,083 Thanks
    DCFC79
    • #7
    • 7th Feb 18, 1:45 PM
    • #7
    • 7th Feb 18, 1:45 PM
    Agreed, your partner needs to sort out the differences.
    • Tarambor
    • By Tarambor 7th Feb 18, 2:30 PM
    • 3,026 Posts
    • 2,188 Thanks
    Tarambor
    • #8
    • 7th Feb 18, 2:30 PM
    • #8
    • 7th Feb 18, 2:30 PM
    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
    • By iolanthe07 7th Feb 18, 3:44 PM
    • 5,029 Posts
    • 4,723 Thanks
    iolanthe07
    • #9
    • 7th Feb 18, 3:44 PM
    • #9
    • 7th Feb 18, 3:44 PM
    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.
    Originally posted by Tarambor
    The police have got more important things to do than interfere with domestic spats. They would regard it as a civil matter.
    I used to think that good grammar is important, but now I know that good wine is importanter.
    • littlekellysmum
    • By littlekellysmum 9th Feb 18, 12:47 PM
    • 2 Posts
    • 1 Thanks
    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
    • By lizphilip8 12th Feb 18, 11:46 AM
    • 3 Posts
    • 0 Thanks
    lizphilip8
    Well said. From the post I see that there is no written contract that she can withhold any collateral.
    • Niv
    • By Niv 12th Feb 18, 2:48 PM
    • 1,607 Posts
    • 1,384 Thanks
    Niv
    Thinking of it from the other side, what proof do you have that these items are yours?
    YNWA

    Target: Mortgage free by 58.
    • martinthebandit
    • By martinthebandit 12th Feb 18, 2:52 PM
    • 3,510 Posts
    • 6,033 Thanks
    martinthebandit
    Strange how things that are worth peanuts are worth more than mending a relationship with your MiL/mum but, be despite that, the best advice is to chill and give things a few months.

    None of the items appear to be anything you immediately need so letting things be for a few months is probably the best course of action.
    Politics -
    from the words Poli, meaning many
    and tics meaning blood sucking parasites


    (thanks to Kinky Friedman (or Larry Hardman) for the quote}
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

3,059Posts Today

8,359Users online

Martin's Twitter
  • Quick #eng pre-match poll. What result do you predict?

  • I agree this glitch wasn't flights for 1p it was flights for c. £200 - I think many would've expected that to be th? https://t.co/QUTnlBLPkj

  • Was the BA fare glitch fair? Are you one of those let down by BA cancelling cheap flights to Tel Avivandr Dubai? H? https://t.co/PvN8Zaxbue

  • Follow Martin