Please help me

[Guest]

Hi,

My partner of a decade has passed away, and as we weren’t married the law states his next of kin is is estranged mother. His mother and her partner took a computer and a couple of other items which are owned by me and I have the finance agreements and receipts for. (We currently weren’t living together due to health reasons but had been co-habituating for 5 years pervious) They have since accessed the computer and have viewed intimate photos of me, and wiped the computer of everything including my personal files and photos. They said they have put the files on a hard drive and are currently using the hard drive as blackmail so my partners father doesn’t take legal action because they can’t come to an agreement for the funeral.

I did inform them that the computer is mine and they said they were going to sell anything of value, and asked for proof of ownership, when shown the receipt I have for the computer, they just glanced at it and tossed it away. I just wanted my computer back with all my photos and videos of me and my partner - there was hundreds. Now I don’t know what to do because if everything is on a hard drive I don’t want to risk them not giving it to me if I annoy them.

Please help me

[Peridot]

Hi,
What a horrible situation for you. If you could prove the laptop was yours they have no right to keep it. Do you still have the receipt of a bank statement proving you purchased the laptop? I am assuming the laptop wasn't password protected, hence they have managed to access the content? There are data protection issues here too.
Have you reported this to the police? I suspect this may be your only course of action, if they refuse to return your personal items (including any downloaded information they have created). Have you said you would go to the police? The threat may make them think twice?

[Bbunny]

Yes I have the receipt and I tried to show them it but they wouldn’t look. There was a password on it so I’m not sure how they managed to get into it.
I haven’t contacted the police because of the situation, I don’t want to make things worse. They have already threatened to burn his clothes and make the funeral family only.

[Peridot]

Hi Bbunny,
Maybe they haven't actually managed to download or access anything they are just trying to frighten you? It may be worth writing to them with a list of items that are yours and confirming that if the items are not returned within 14 days for example you will be taking legal action and/or contacting the police? I appreciate this could add fuel to the fire but a threat of legal action may be what's needed even if you don't intend to take the matter further in the long run?

[Bbunny]

I think I will try one more time to ask for it back, and if not I will call the police. I know they have accessed hard drives because they said they have seen and deleted intimate photos of me. They also asked me what the password was but I didn’t tell them it.

[ostell]

Even if they have deleted the photos of you and your partner then it may be possible to access them again with suitable software. Get hold of that hard drive and keep it safe

[Bbunny]

Hi I haven’t called the police yet as there has been more threats about the funeral being made private.
I’ve seen His possessions are now for sale on eBay - including something that was paid on finance in my name and out of my bank account (he had bad credit so I did it for him)
Am I legally able to do anything about this?

[ostell]

So you have the receipts etc to show that you paid for them so they have stolen them so contact the police immediately, takking along a copies of the adverts and your documents and report the theft. I don't know if it is possible (probably not) but contact ebay and tell them about the sale of stolen goods.

What do they mean about the funeral being "Private" ?

[Bbunny]

That they would make it family only, and they have already banned someone for ‘causing trouble’.
They said they spoke to a probate lawyer and they said I’m legally not entitled to anything.

[ostell]

No, you are not entitled to any of your partners property/estate BUT YOUR PARTNER'S ESTATE DOES NOT INCLUDE ITEMS THAT HAVE BEEN BOUGHT AND PAID FOR BY YOU and you can show that you paid for them.

[Bbunny]

The computer is on eBay too, so I assume it’s been wiped completely. I’m scared that if I call the police they will destroy the hard drive that has all the pictures on it, I’m in such a hard position.

[ostell]

If they do not know what they are doing the data MIGHT just be recoverable. Go round to the police NOW with the documentation that shows that you are the owner.

[Bbunny]

The police weren’t interested and said it was a civil issue. I also told them they have found more hard drives that have intimate pictures of me on and they are going through them all. I’m not sure why they are doing this as there would be no pictures of his family on them as they weren’t part of his life. All they said about that was they can only get involved if the pictures are posted on social media.

[des8]

Amethyst ? possibility of emergency court injunction forbidding sale of chattels until ownership proved and return ordered?


Re police inaction: Theft Act defines theft as "'A person is guilty of theft if he dishonestly appropriates property belonging to another, with the intention of permanently depriving the other of it.'
Make complaint to the force concerned either on line or at the station concerned