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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Where do I stand legally with ex’s belongings?

89 replies

Cannonhalls · 31/01/2020 10:37

So my ex moved out last year, he took all his stuff. But left some records,
I’ve had a clear out, took them all charity shop only this month.
Now he’s asked for them back and told me he’s taking me to a small claims court ?
Can he do this?
He moved out almost 6 months ago and had ample time to collect, just never bothered. And he’s abit/ a lot of an idiot. He’s demanding these records and saying he’s taking me to small claims- yet still hasn’t paid any maintenance for the child he’s left- so I don’t particularly feel bad. Just worried about if he can do anything legally ?

OP posts:
slipperywhensparticus · 31/01/2020 10:40

What is the momentary value of the items?

PootleandPosey · 31/01/2020 10:40

It comes under the torts interference of goods act

www.which.co.uk/consumer-rights/advice/my-tenant-has-left-some-items-behind-after-the-end-of-their-tenure

LucaFritz · 31/01/2020 10:41

Unless he has receipts and paperwork for the records he doesn't have a claim

Cannonhalls · 31/01/2020 10:42

I’ve no idea it was some vinyl records.
His name was never on the tenancy either unsure if this matters ?

OP posts:
TheNoiseHurts · 31/01/2020 10:43

Ooh I watch judge rinder!

Unless he specifically told you in writing that he wanted you to take care of them and then you got rid of them, then you might be liable.

If he told you he had collected all his stuff, and that's final and in writing, you are unlikely to be liable.

If there's bugger all in writing then I've no idea.

Disclaimer I have no qualifications in Law except marathon Judge Rinder sessions during maternity leave.

UYScuti · 31/01/2020 10:43

He's just bullshiting you to try and scare you, he's not going to go to all that trouble.
You can probably just ignore him.

CameFromAway · 31/01/2020 10:44

He’s full of shit.

Titective · 31/01/2020 10:44

Have you admitted in writing you had them and got rid?

UYScuti · 31/01/2020 10:44

Don't give him any material that he can use to build a case against you though, that probably means keeping any correspondence from him but not actually replying or engaging with any of it.

hidinginthenightgarden · 31/01/2020 10:45

Where is his proof?

Cannonhalls · 31/01/2020 10:46

Haha I did laugh at judge rinder. Keep your eye out for me !
There’s absolutely nothing in writing. He left suddenly took most his stuff, came back the following week for the rest and now this

OP posts:
ddraigygoch · 31/01/2020 10:46

Have you declared in writing that any property of his was left in your possession?

Cannonhalls · 31/01/2020 10:48

All I’ve said when he’s asking is ‘ I don’t have any of your belongings’

OP posts:
TheNoiseHurts · 31/01/2020 10:49

Job done.

Don't tell him stuff went to the charity shop.

Tell him he's welcome to come and look but as far as you're concerned, he took everything.

UYScuti · 31/01/2020 10:50

You told him you don't have his stuff so if he raises the subject again just ignore him, you told him what the situation is and you're not going to waste your mental energy on this issue any further.

reginafalange2020 · 31/01/2020 10:51

Just reply:
Please feel free to take me to court. Perhaps we can discuss your failure to pay child maintenance with the judge at the same time??

I realise you can't actually do this and it a a totally separate issue but it may shut him up anyway

UYScuti · 31/01/2020 10:52

Don't tell him he's welcome to come and look, he's not welcome he's a feckless abusive tosser.

Butchyrestingface · 31/01/2020 10:53

All I’ve said when he’s asking is ‘ I don’t have any of your belongings’

I'd keep saying this. If asked in a small claims court, memorise this phrase:

"I have no recollection of removing/getting rid of any such items".

LittleOwl153 · 31/01/2020 10:53

Have you made the CMS claim... do that regardless of what he says re records!

Aderyn19 · 31/01/2020 10:54

I'd deny I ever had them. But I'd also say that if he want to pursue it in court, crack on and while there we can discuss his lack of child maintenance. I bet he owes you more than you would owe him.

ItsAllTheDramaMickIJustLoveIt · 31/01/2020 10:55

Is he hell welcome to come and look for them at yours! Just keep telling him broken record style (pun sort of intended) that you don’t have any of his stuff. Audacity of that bastard.

Cannonhalls · 31/01/2020 10:56

Well I applied for CMS through a collect and pay service where he has to pay extra 20% and goes straight out his wages and a few days ago recieved confirmation and payment schedule.. first payment due in a few days and the arrears are worked in. So I assume he’s trying to wind me up because he isn’t happy about it

OP posts:
UYScuti · 31/01/2020 10:58

I reckon he's going to try and negotiate with this.... he's going to say 'I'll let you off of the records if you let me off of the child maintenance' or something equally stupid insulting and manchild like 🙄
I would refuse to a engage at all on the issue of his belongings and just focus on on child maintenance but obviously keep a record of everything he says and does in case you need to build a case against him.
Be strategic, he is your adversary.

BlueRaincoat1 · 31/01/2020 10:59

What a prick. Threatening to take the mother of his child, who he has abandoned, to court over some stupid records that were so important he left them behind for 6 months. He thinks the RECORDS are worth going to court over, but not his CHILD. I think my head would explode. What a total wanker.

UYScuti · 31/01/2020 11:00

Yes he is doing this because he feels an urge to punish you over the child maintenance issue, so think about this, what does it tell you?
He is having to make a financial contribution to his own child and this makes him feel wronged, he does not accept that he has a duty of care towards his own child.

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