Return of my property

[NOCAB]

Hi,

I have recently split up from my ex. It hasn't gone well and now she is keeping hold of all of my possessions including a lot of sentimental content left to me by my late parents.

The content has accumulated over the course of over 15 years and we have lived together in her house.

These items include watches (valuable) valuable bikes, clothes, TVs etc etc etc plus my post and my passport driving licence and documentations and keys for my cars, again valuable the list is extremely long.

I can provide proof for a lot of the items e.g watch worth of £20K, Mountain bike £7K etc etc etc, plus photos of items in my room i.e. 2 laptops apple macs, photo of my bike in situ 3 days ago

Would this effectively be theft if she denies me access to collect his property?

There is also a lot of furniture given to me by my parents, which again I can show via pictures it situ at her house and before at my parents, before they passed away.

I have asked for access at her convenience to collect these things via email / text and recorded delivery letter but she is not responding.

Any advise would be greatly appreciated.

[caller100]

Hi

I was wondering if you got anywhere with this?

I have landed in a very similar situation and need some guidance please.

Thanks.

[charitynjw]

Have either of you contacted the police?

[caller100]

Hi.

Yes i put in a case with the Police for missing items.

Just to give you a summary, my ex falsely accused me of assaulting her, which meant that i could not go back to me flat, whilst she was there. She then emptied the flat we shared and took everything. Problem is, she took my work equipment which did not belong to either of us. And now my employer wants the items back or i will have to fork out a lot of money.

This is basically theft, but the police just told me that they cannot do anymore for me, even though i provided all documentation showing that the items are not mine.

My head is in spin at the moment and don't know what to do.

Thanks for getting back to me though.

Cheers.

[jaguarsuk]

You should write a letter before action to your ex stating that they are in possession of your belongings (enclose an itemised list) and giving them 14 days to make proposals for the return of the items.

You should set out that should they fail to agree the return of them or ignore your letter it is your intention without further reference to them to seek an order of the County Court for return of them on basis of the Torts (interference with goods) Act 1977 S1(a) conversion of goods with remedy S3 (1) & (2)(a).

You should advise them that should you be successful you will seek costs against them for the court process, instruct a bailiff at their further cost to attend their property to enforce the order and the order will be a CCJ on their credit file for six years from the date of the order.

Finally you should advise at the end of the letter that they seek legal advice due to the potential consequences.

If you actually have to go down the route to court you will need to apply to the CC for an order on form N244 (https://formfinder.hmctsformfinder.j...k/n244-eng.pdf)

Guide to completion: https://www.justice.gov.uk/courts/pr...an-application

On basis Torts (interference with goods) Act 1977
conversion of goods S1(a)
Remedy: S3 (1) & (2)(a)

Cost of the application will be £255 and at the hearing you ask for that cost, plus any others you incur such as travel/parking to court etc. awarded against your ex.


Edited as Caller 100 has started their own thread to keep both instances separate here:https://legalbeagles.info/forums/for...s-from-ex-wife

[caller100]

Hi

Unfortunately i have no idea where my ex is living now.

I find it bizarre that the Police has just brushed this aside and after months, they just told me they cannot help. Surely this is outright theft, as she knew that the items didn't belonging to either of us,

One other thing i didn't mention earlier. Through a mutual friend, i found out where the items were being stored - Storage Company. I informed the Police immediately and they still did nothing. She even took all my clothes.

I am my wits end with this. It seems the Law is selective..

I am worried because i will have to fork out a lot of money for the missing items, which i do not have right now.

After speaking to a friend of a friend who is a Lawyer, he said that i could possibly pursue a private prosecution. However, it will cost me more money. Ufff.

What do you think of this idea?

Thank you for the advice so far guys.

Cheers.

[jaguarsuk]

I have responded on your other thread specifically to you as your situation differs to the OP. Please post in your own thread.