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Legal matters

How can I get my stuff back?

7 replies

WrappedInABlankie · 26/10/2014 13:48

My sister wanted some of my son's baby clothes, these are in my 'mothers' house as I use to live there when he was a baby, These are his first outfits, premature clothes etc. My sister asked her if she can have them back as I said she can have some bit and she is categorically refusing to give them to her unless I speak to her. I don't want to speak to her, she's narcissistic, horrible and a monster. I want nothing to do with her what so ever but she won't give my sister or me the son back.

I've contacted the police who have confirmed that it is seen as theft as I've asked for them back and she won't give them back and that they're mine and she's withholding them without my permission but they still won't give me any advice on how to get them back apart from to contact CAB who said contact the police and get them to go with you to pick them up yet the police said they won't do that anymore.

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Penfold007 · 26/10/2014 15:34

If you want the clothes back then you are going to have to speak to her and collect the items. Phone her but put the phone on speaker so someone else can witness the conversation and get someone to go with you to collect your property. Only other way is through the small claims court. A civil claim is more realistic than a theft case.

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greenfolder · 26/10/2014 19:35

question. did you want/need/ had thought about them before your sister asked? If not, do not get caught up in "the principle" of it. You do not want to go engage with her, so dont.

If you really really want them back, write her a letter, send it recorded delivery asking for their return. Suggest an acceptable means of them being returned ( ie via your sister), give her a specific date (14 days) for response. After that you could start small claims proceedings. But your dilemma is that this would just be enaging with her.

you have my sympathy

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WrappedInABlankie · 26/10/2014 19:54

Yes, I've wanted them back since April but she has refused to give them to me. She got her 'solicitor' friend to write a letter stating if I contact her than it will be deemed as harassment and she's seek a non-molestation order.

Yet she tells my sister if I want her to have them or me to have them I have to speak to her. I'm on IS so can't afford the £250+ to write her a letter via a solicitor telling her to return everything.

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greenfolder · 26/10/2014 20:21

You don't need a solicitor to write and send the letter. But as above, is it worth it?

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WrappedInABlankie · 26/10/2014 23:04

Yes it is as I said. It's all my sons first, hospital outfits etc.

I do as according to her solicitor if I so much as breathe In her direction I will get a non-molestation order Hmm

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NoMarymary · 30/10/2014 20:22

Have a free half hour with a solicitor to see whether this is a criminal or civil matter. I would think it is theft but if the police are refusing to deal with it you need to ask to speak to an inspector to ask why not.

It is difficult when it is a family member. My BILs partner stole the tax disc from his car (wanted to steal the car!) and the police said it was civil as they were separating acrimoniously.

Anyway, criminal and the police have to deal with it. Civil and the small claims court is very easy to use.

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zipzap · 30/10/2014 20:58

Could you write to her solicitor, say that your sis has taken your property (which was taken without your authorisation?) and that you had promised to your other sis so please will she explain to her client that taking things that do not belong to her and refusing to return them constitutes theft, if she will return everything to your sis by xxx date then you will agree not to press charges.
And that as you have peen put into a catch 22 situation of being told you cannot contact your sis but also she will not release your property without talking to you, you are approaching the solicitor to ensure the message gets passed on to your sis as you're sure that as a solicitor they do not condone the theft of your property and will encourage your sis to do the decent thing and return your property to your other Sis so you don't need contact the Sis as per the legal letter. And give a date for them to contact you to say if they do or don't agree and make arrangements and that you'll be reporting the theft to the police on day after xxx date if you haven't heard by xxx date.

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