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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:
othervoicesotherrooms · 31/01/2020 17:10

Prh47
So the court believes everything the ex says? How does he prove to the court the value of the items he couldn't be bothered to collect left behind?

He could make up a load of crap about them being ultra rare vinyl worth £1000s.

A bit like...
'I left behind my gold Rolex watch and my nasty ex threw it away after 6 mths'

othervoicesotherrooms · 31/01/2020 17:12

Op, tell him to crack on.

othervoicesotherrooms · 31/01/2020 17:15

Ph47
Just seen your last post.
So the court basically guesses. Angry

prh47bridge · 01/02/2020 00:27

@othervoicesotherrooms - No, the court does not believe everything the ex says. They look at the balance of probabilities. You can call that guessing if you want but it is based on the evidence presented in court, both documentary and verbal.

Contemporary documentary evidence (if there is any) will be given more weight than verbal evidence. If a witness gives verbal evidence some of which is contradicted by contemporary documents the judge is likely to be cautious about the rest of their evidence. And, of course, if a witness contradicts themselves that will undermine their evidence.

The ex does not have to prove beyond reasonable doubt that the records existed and that the OP has disposed of them but he does have to have enough evidence to convince the court that, on the balance of probabilities, that is what happened.

The court certainly won't accept that they are all extremely rare records worth thousands of pounds unless he can produce persuasive evidence. The starting point would be that the balance of probabilities is against him leaving really valuable assets with his ex for nearly 6 months as that is not the kind of thing most people would do.

otherwise it's not worth paying to make a claim

Why not? The fee is low for a case in the small claims court and is added to the amount he is claiming from the OP. So, if he goes ahead and wins, it will be the OP that pays for him making the claim, not him.

DrCoconut · 01/02/2020 00:52

I was advised by my solicitor that I have no right to dispose of my ex's stuff that is still filling my home because for now he's still on the deeds. Once that's sorted I can set a reasonable deadline and inform him in writing that unless the items have been collected or at least definite arrangement made I will dispose of them. You probably need to seek advice if you're unsure where you stand.

Yeahnah2020 · 01/02/2020 05:09

You aren’t liable. Especially if you never admitted to having it. He can’t prove a thing.

FourDecades · 01/02/2020 05:17

DrCoconut - my solicitor said the same.

Ritascornershop · 01/02/2020 05:32

I suspect the chances of him actually taking you to court are slim to nil. These men all play the same woe is me song, and I’ve heard this at least dozens of times from my kids’ dad. He overspends on flash holidays, booze, meals out, is late with child maintenance, I remind him, he throws massive sulk and accuses me of all sorts and threatens this that and the other. Never actually does anything, so I’ve learned to not respond. It took years before it sunk in with me though!

YesIDoLoveCrisps · 01/02/2020 05:35

He’s just clutching at straws. He’s probably calculating an amount he wants back to offset the child support. Like another poster said I wouldn’t be surprised if he asked to write off what he owes you what he should legally be paying for his child for the cost of the records. He’s a twat.

Shev1996 · 01/02/2020 05:45

As long as you’ve never admitted to having any of his remaking items over text you are fine (unless he finds this thread and proves it’s you)

Shev1996 · 01/02/2020 05:45

Remaining not remaking!

prh47bridge · 01/02/2020 08:07

You aren’t liable

Yes she is. Torts (Interference With Goods) Act 1977. Look it up.

Especially if you never admitted to having it. He can’t prove a thing

So when the OP is asked a direct question about this under oath in court (which she will be) you think she should lie?

saraclara · 01/02/2020 08:25

Bizarre. The legal position has been clearly laid out here several times. Yet people are saying 'ignore the law'.

If someone posted that their ex had got rid of some of their belongings without warning and due process, and was going to lie about it in court, this would be a very different thread.

cheesydoesit · 01/02/2020 08:30

Only on the first page but what a dick. YANBU for the fact that he is clearly begrudging the fact you have contacted CMS and that he has to pay.
Ugh, I hope you and DC have a wonderful life without him OP. He is a sorry shit.

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