Returning gifts to an ex

[sami67]

I've just recently split with my boyfriend and now he's saying that he wants the laptop back he gave me as a present 5 months ago and is threatening to take me to the Small Claims Court if I don't, so I just wanted to know whether I stand legally....

[peeriesooky]

it was a gift to you making it your property. can you prove it was a gift? It makes it easier for you if you can. I think he is trying the hard man act. it would not be worth his time to go to court.

[malajusted1]

peeriesooky is right. I don't think you even need to prove that it was a gift- can he prove he bought it? can he really be bothered going through the courts?

he sounds like an prat, you are well rid!

[joko]

he would have to prove that it was on loan to you. if he admits it was a gift he has no legal rights over it.

tape a phone conversation with him and get him to agree with you - he won't go to court once he hears that.

[sami67]

He bought it on his credit card when I was in the shop with him and gave it to me there and then. It's just that he's threatening to come round mine and just take it as he says it is his property.

[Vics]

As malajusted states he sounds like a right idiot. He's obviously far more concerned aboout the laptop than you!! I'm trying to think what I would do as a woman. To be honest I think if he's making all this fuss I would take the wind out of his sails and just say "yep that's fine. Come round and collect it whenever you want." He won't be expecting that response !! Good Luck and don't let the b***tard drag you or your laptop down. Vics X

[WendyS]

Well, I hope he no longer has a key to your home so that he can come round, let himself in and help himself to all the other things he alleges he has loaned to you. If he has, I would get the lock changed immediately. I think a gift made five months ago would be difficult to prove was merely a loan. Sounds like he's pretty mean minded, and possibly feeling a little sore if it was you who instigated the split so wants to get his own back.

I'd be inclined to tell him to go ahead and take you to court. He'll probably cool down pretty soon and realise he's wasting his time.

[PhilBy]

He has got no chance on what you have told us sami67. You do not have prove anything, it will be down to him to prove that it was not a gift.

[qapmoc]

Well I would say that legally the laptop is his property as shown by the credit card sales data and you do not have any legal proof that it was given to you for any reason. He could just say that he left it at your place last night and now you won't return it.

However, you know accidents often happen in the home environment and it is possible that a large cup of soup with lots of salt in it might fall in the unit while it is powered up some time before he actually collects it.

[woofgang]

why don't you just give him the laptop?

[peeriesooky]

if he comes around have him arrested for trespassing and tell him to go to court if he keeps being a pain there are plenty of ways to sort him out lol