Small Claims for Ex

[uob2023]

Hi, I am in the midst of a small claims case and representing myself in this. I wanted some reassurance that my case is strong enough, and get any pointers / advice on how to put my case across strongly.

Essentially I split up with my ex in July 2023, in August 2023 I began to be harassed by his dad, this meant i couldnt go to the house (where i lived for several years) and collect my belongings. I have made several attempts to get my property, through neutral / mutual contacts, police involvement and raising this in a previous court case to stop the harassment. Despite my best efforts I still don't have my belongings, which is why I'm claiming for the cost of these items. I have created a document in which the harassment is decribed / a timeline is provided to show why I cant get my things myself. I have then provided a breakdown of the missing items, evidence of me wearing them (sadly many of the items were bought with cash so receipts cannot be provided for all) and proof of how much a replacement could cost.

Any advice would be greatly appreciated.

Many thanks... a frustrated ex!!!

[echat11]

Hi UOB2023

Welcome to LB

I can't help, but Celestine might be able to advise. She may take time to respond -a busy bee.

[Celestine]

Hi UOB

Welcome to LegalBeagles and well done for issuing this claim against your ex partner.

How much (roughly) is the claim?

If it is under 10k - it will fall into the small claims track of the county courts system. This means that it is a 'no risk' situation in terms of losing and being hit with legal costs. Neither party in a small claims case can add legal costs to their claim, so in truth you have little to lose in terms of trying to recover the value of your assets. Obviously if your claim is over 10k then the opposite applies and you would need to proceed with more caution.

In your claim form, presumably you set out the history succinctly? Further down the line, you can produce a longer more detailed witness statement setting out the timeline and attach a schedule of loss setting out each item and its value to replace.

In a small claims case you can only claim the monetary value, you cannot add on costs for distress etc but this will keep the case clean and simple, don't be tempted to over-explain or use any negative language/description. Keep everything transactional and factual in terms of how you were blocked from physically recovering the items.

You will have to pay a further hearing fee as the case moves towards the final hearing which will be allocated 1 hour of court time. If you win, all court fees will be added to the value of your claim and your ex will have 1 month to pay up or get a CCJ.

If you have any further questions, just come back to us.