small claims court

[stevecain]

ahve been trying unsuccesfully to get some items of mine back from a ex partner can i make a claim against them in the small claims court for the cost of replaceing these items see loan to partner now ex partner thank you to those who answered

[factor-fiction]

Did she even take all your full stops and commas too?
If I understood your posting correctly you lent some items and she has not returned them despite requests.
There may be difficult if there is nothing in writing- is there a chance she will say you gave them or that they were half hers?
It might be worth writing to her listing all the items and setting out that you only lent them and you want them back by a specific date or you will take her to court.
Barmaid or Buenchico will be able to give better legal advice.

[stevecain]

thanks for your input . There is a chance she will say the items where a gift but this is untrue also she is refusing to discuss the matter . I have the reciepts for the items they where purchased before we got together .

[Buenchico]

No court would rule in your favour unless you could show that your ex had failed to respond to a formal written demand for the return of the items. Also, if you intend to claim for the cost of replacements it's essential that you quote accurate figures and can cite your sources (e.g. get hold of a copy of the latest Argos catalogue, use the figures from that and keep a record of the page numbers and item numbers that you've referred to).

Your formal written demand should take the form of a letter sent by recorded delivery (even if your ex lives next door). Obviously you need to keep a copy of it. The letter must clearly show your name and address, your ex's name and address and the date. It should read roughly as follows:

"TAKE NOTICE that I demand the return of my property, as detailed in the Schedule below. Further TAKE NOTICE that if you fail to return any or all of the items listed in the said Schedule within 14 days of this letter, I will commence legal proceedings to recover the cost of replacing any items that have not been returned.

Schedule:
1. Philips DVD player. (Cost of replacement �49.99)
2. Lexmark multi-function printer. (Cost of replacement �78.29)
3. Black & Decker Cordless Power Drill. (Cost of replacement �29.99)
. . . etc . . . "

If you don't get your property back, start here:
http://www.hmcourts-service.gov.uk/infoabout/c laims/index.htm

Chris

[stevecain]

thank you very much will do that tommorow

[waterbabe]

Dont bother just go and buy replacements the cost of filing the the time taken persuing something you may not even win.
Even if you get a judgement doesnt mean that she will comply with the order.

[another-view]

"Did she even take all your full stops and commas too? "

lol I love it!