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Recovering missing items from ex wife

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  • Recovering missing items from ex wife

    Hello.

    I am new here so just wanted to say hello and hopefully get some advice please.

    I recently separated from my ex wife.

    In September 2018, she accused me of Assault and i was summoned to court. All the while, i was told not go anywhere near the flat that we shared. However, I was given one visit (under Police supervision) to the flat in order to collect just some 'necessary items'. I managed to get some of my things and then the Police told me that they had other things to do and that my visit is over. It was just horrendous the way they treated me. I was only able to get two small bags of items. The police said that i would have to arrange another visit by calling 101.

    Throughout the time leading up to my court case, i called 101 on several occasions to get access again to the flat, so i can retrieve the rest of my belongings. I even asked that i be accompanied by an officer, just to allay any fears they had. Unfortunately i was refused point blank by the Police and also later the Magistrate at my court hearing. It left me frustrated because i knew that my ex would empty the flat along with everything within it. Low and behold, that is exactly what she did.

    Due to the nature of my work, i had a lot of equipment in the flat, which did not even belong to me, but to my employer and customers. She even took my coats, jackets, jeans and shoes. I was by now living in a B&B.

    In November, I filed a case for the missing items at the Police station, and the police officer assured me she would call my ex in for questioning about the items. She also acknowledged that she was not entitled to take things which did not belong to either of us. I collated all documentation showing who the items actually belonged to and photos too, which i passed on to the police officer. All in all, the documents ran to over 30 pages. The officer acknowledged that i had saved her a lot of time and effort and this would speed up the investigation considerably. The officer informed me that she would contact me in two weeks to provide an update.

    Two weeks later i had not been contacted by the officer, so i called her and she said that she had been on sick leave and would let me know what the progress is in another two weeks time. So i waited for another two weeks. Still there was no progress. This went on for some weeks, which then turned into months. Again i was told bear with them and will be contacted soon. By now we had gone well into 2019 and still no word from the officer on what was going on.

    It was inevitable, the one thing i dreaded, i received an email from my employer asking for the return of the item i had borrowed. This was then followed by a call from a business i used to do repairs for. They were asking where the items were that they had given to me to repair. Of course i did not have any of these items anymore. I was now on the verge of depression.

    Meanwhile, through a mutual friend, i was informed of the whereabouts of the missing items. I immediately called the officer and provided the locations details. The officer was elated and said that she would arrange for someone to visit the location as soon as possible and that she will contact me in several days. However, a week later, no contact from the officer. I was beginning to give up.

    In March 2019, i once again called the officer and managed to get through to her, as i felt she was now ignoring my calls and emails. To my shock, she just bluntly told me there is nothing the police can do about this, and that may be i should seek other avenues to recover the items. That was it. No other words, or explanation from her. I had my employer breathing down my neck and one of my many customers. I was totally devastated and still am. The cost of paying for these items would run into a few thousand at least, and i am in no position to pay for them.

    Can someone please help explain why the Police so bluntly and abruptly dismissed this missing items case?? I literally begged the Police and the Courts to get someone to accompany me so that i can get the rest of my items, but they just told me NO. I have lost all faith in the legal system.

    Please can someone advise on the correct course of action?

    Any advice is appreciated.

    Thank you in advance.









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  • #2
    Your employer and customer should report their items as stolen, the police can't do anything for those because they don't belong to you. If you'd left them in your van outside the house over night and they were taken that would be what happens, this is no different.

    For both of you, regards return of personal items you should write a letter before action to your respective exes 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. It might be worth you sending a copy into your employer and customer to demonstrate you're doing everything you can to recover their property.

    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.
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

    Comment


    • #3
      In response to post #6 here: https://legalbeagles.info/forums/for...of-my-property

      As the items don’t belong to you then you can’t report them as being stolen. The definition of theft is the taking of another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it.

      Without the rightful owner having reported it how can the police ascertain whether permission or consent has been given?

      A private prosecution does not retrieve the items, it simply punishes the act and without the evidence of the rightful owner having not given permission or consent then it’s likely to fail.

      It also requires you to be able to tell the court where to serve a summons, so without her address you cannot file one.

      If you obtain her address I have described your best course of action, which is civil remedy to obtain the return of the goods or an order to pay for the value of goods disposed of by your ex.

      Please keep posts on this thread or things get very confusing as the other person needs different help to you and it’s not fair to hijack their thread.
      COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

      My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

      Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

      Comment


      • #4
        Sorry, i didn't realise i hijacked this thread. I merely was wanting some information on a similar situation to mine. Apologies for this!

        Yes it makes sense for the rightful owners to file, instead of me. I will have to get the rightful owners to file a theft claim.

        I have no faith whatsoever in the legal system after speaking to the Police. They just fobbed me off every time.

        Anyway, i very much appreciate all the advice on here.

        Thank you all.

        Comment

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