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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69364
Experience:  Over 5 years in practice.
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My ex is holding onto my property and demanding money

Customer Question

My ex is holding onto my property and demanding money
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

Hello can you please explain your situation in a bit more detail?

Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Jo C. replied 1 year ago.

Hello. I will submit an offer but you might want to offer more information to see if it is my area first.

Customer: replied 1 year ago.
We brought a car together 2 and half years ago we used her car as a deposit but my sister lent me £850 to get the car repaired beforehand now she claims that I owe her that money and will be holding onto my belongings until she receives payment. She has been the primary driver of the vehicle the whole time is this legal
Expert:  Jo C. replied 1 year ago.

Ok.

I can advise you on here or we can do a phone call but obviously the call involves more cost.

Customer: replied 1 year ago.
Advise on here please
Expert:  Jo C. replied 1 year ago.

Ok.

I presume you are the registered keeper?

Customer: replied 1 year ago.
pay the finance tax and insurance and upkeep of the vehicle
Expert:  Jo C. replied 1 year ago.

Thanks.

Her claim is a nonsense.

If this was a loan then she does have a right to the money back but she can't just withhold the car.

If she refuses to return it then call the police. You are the registered keeper and so entitled to physical possession of the car. If she believes she has a claim then she had better go to court to enforce it.

If the police won't act then complain to higher ranking officers and to the IPCC. If they weren't too busy investigating false allegations of sexual abuse against dead people they might have the resources to deal with proper crime. Perhaps they could spend less time on what we euphemistically call 'domestic violence' to free up resources as well.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
No it's not the car it's my property in the house that she is holding onto but seeking money because she used her car for part exchange to the sum of £2000 for our car that we bought she is not on the finance on log book but is demanding said £2000 for what she put in initially 2 1/2years later I just want to know if she can hold my belongings until she receives the money under civil law or any law by that matter?????
Expert:  Jo C. replied 1 year ago.

She can't just hold onto anything at all. It wasn't agreed that this was surety.

The same principles apply to your property at home save for the fact that it isn't so easy to prove that you are the registered keeper.

Customer: replied 1 year ago.
Surely the fact the transactions are from my bank through my PayPal account are more than enough proof??
Expert:  Jo C. replied 1 year ago.

Oh yes, I don't think there would be any problem with proving that you own the items. It just might be that the police say it is a civil matter.

Customer: replied 1 year ago.
That's what I was asking does she have any right under civil law to hold them and what canids to get them back?
Expert:  Jo C. replied 1 year ago.

She can't just hold onto anything at all. It wasn't agreed that this was surety.

Just complain to the police. If they say it is a civil matter then complain.

Ultimately you can seek an injunction forcing her to return them but then the risk you face is that she will counter claim for the money.

Customer: replied 1 year ago.
Cheers
Expert:  Jo C. replied 1 year ago.

No problem and all the best.

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