Help please

[anniefoss]

Three years ago I ended an abusive relationship, it was horrid and I nearly ended my life. I received help via my GP but then my 12 yr old son disclosed how my ex partner had hit him and threatened him. I called the police and the local beat officer suggested we had gone through a terrible time and to try and draw a line under it. My ex had taken my passport and the PC managed to get it back. During the last 3 years I have sent countless emails, letters and texts telling him to collect his things. After 9 months he removed his campervan and I also delivered items to him. Fast forward 3 years and I have been having some work done on my property. I decided the stuff he had abandoned needed to go. I called my legal line (with home insurance) and was told I had given him more than reasonable time to collect and I could dispose of it. However, if I made any money to keep it for a reasonable length of time. I asked my daughter to contact the auction rooms and get rid of everything. A week later my daughter was arrested by 4 police officers for theft of my ex's stuff, she was kept for 17 hours. I was then arrested in front of my children (including a son with learning disabilities) for theft of property from my home. I was kept for 10 hours and charged with theft by finding, even though I gave the police all written documentation that I had told him to collect his things. My solicitor is horrified and cannot believe the heavy handed approach. The case has now gone to the CPS. Although my solicitor thinks CPS will see it as civil.However, I put in a complaint regarding the heavy handed manner and also, inconsistencies (he wasn't arrested for stealing my passport). Furthermore, the PC at the time my son made an allegation should have started a Safeguarding Procedure. The investigating Inspector for my complaint is coming to see me on 18 Oct and has said my ex is being questioned under caution this week. It is an awful time, I feel like I am back at the beginning of the abusive relationship, my son is ill and if I am charged I will lose a career that I have worked hard for. Any help, words of encouragement please, sorry for long thread.

You were given duff advice. Look at the Torts (Interference with Goods) Act 1977. There is a specific procedure that you need to follow.

More than a bit heavy handed of the police though. Hopefully they'll decide not to prosecute you, and will instead charge him.

I did apply Torts, I contacted him via email, letter, phone etc. the police are starting it is Theft by finding, even though nothing has left my home and I am still storing it 3 years later. I did load up his camper an and that took 9 months for him to shift. Police said he told them he had been waiting for me to get rid of stuff as he had been watching me. Thanks for your advice anyway. My solicitor said Torts doesn't apply here.

You are OK auctioning it provided you have served formal notice under the 1977 Act. Did you look at the Act and serve proper notice?

I wrote to him numerous times, stating 'you have 10 days to remove your things, otherwise I will dispose of them'. He never answered any mails. I did receive at the beginning of the break up a letter from his solicitor saying he wanted his things. There were no details of when he would collect etc. that is when I packed his campervan with as much as possible. He moved it months later. I also made two trips to his home and delivered stuff, informing him that was what I was doing, he was never in, so left it all outside his home. Two years ago, a woman turned up saying she was a bailiff, with a list of things. No notice of her coming, I gave her more things stored in the garage, then my neighbour came over and said my ex was round the corner. I asked her for a card, but she drove off. I still contacted him saying 'you have 5 days to collect your things,' still nothing from him. I gave the police all the letters I had sent him, but the PC told me at questioning and on tape, he hadn't read them. It also turns out that a police sgt has lied. He denies having a telephone conversation with me, but he put in an email, that he had spoken to me. He has now been taken off the case and I have an inspector visiting me next week as the police failed to follow the same procedure when my ex removed from my home my passport and other items. I am stumped how it can be theft by finding, if it has never left my property. I have tried to return. The stuff would still be in my lift, had I not had an extension and the electrician said I need re-wiring done ASAP! The police have made the whe situation worse, as my ex has been cautioned about abuse on me and my son has to be questioned on video about my ex assaulting him. It's a right mess!

This is s12 of the act. Provided you did it 100% in accordance with the act you're ok. Did you send the notice by recorded or registered post? Schedule 1 part 2 of the Act sets out the strict procedure you need to follow.

Uncollected goods

12 Bailee’s power of sale.

(1)This section applies to goods in the possession or under the control of a bailee where—

(a)the bailor is in breach of an obligation to take delivery of the goods or, if the terms of the bailment so provide, to give directions as to their delivery, or

(b)the bailee could impose such an obligation by giving notice to the bailor, but is unable to trace or communicate with the bailor, or

(c)the bailee can reasonably expect to be relieved of any duty to safeguard the goods on giving notice to the bailor, but is unable to trace or communicate with the bailor.

(2)In the cases of Part I of Schedule 1 to this Act a bailee may, for the purposes of subsection (1), impose an obligation on the bailor to take delivery of the goods, or as the case may be to give directions as to their delivery, and in those cases the said Part I sets out the method of notification.

(3)If the bailee—

(a)has in accordance with Part II of Schedule 1 to this Act given notice to the bailor of his intention to sell the goods under this subsection, or

(b)has failed to trace or communicate with the bailor with a view to giving him such a notice, after having taken reasonable steps for the purpose,

and is reasonably satisfied that the bailor owns the goods, he shall be entitled, as against the bailor, to sell the goods.
(4)Where subsection (3) applies but the bailor did not in fact own the goods, a sale under this section, or under section 13, shall not give a good title as against the owner, or as against a person claiming under the owner.

(5)A bailee exercising his powers under subsection (3) shall be liable to account to the bailor for the proceeds of sale, less any costs of sale, and—

(a)the account shall be taken on the footing that the bailee should have adopted the best method of sale reasonably available in the circumstances, and

(b)where subsection (3)(a) applies, any sum payable in respect of the goods by the bailor to the bailee which accrued due before the bailee gave notice of intention to sell the goods shall be deductible from the proceeds of sale.

(6)A sale duly made under this section gives a good title to the purchaser as against the bailor.

(7)In this section, section 13, and Schedule 1 to this Act,

(a)“bailor” and “bailee” include their respective successors in title, and

(b)references to what is payable, paid or due to the bailee in respect of the goods include references to what would be payable by the bailor to the bailee as a condition of delivery of the goods at the relevant time.

(8)This section, and Schedule 1 to this Act, have effect subject to the terms of the bailment.

(9)This section shall not apply where the goods were bailed before the commencement of this Act.

Schedule 1 part 2 of the Act says:

Part II
Notice of Intention to Sell Goods

6(1)A notice under section 12(3) shall—
(a)specify the name and address of the bailee, and give sufficient particulars of the goods and the address or place where they are held, and

(b)specify the date on or after which the bailee proposes to sell the goods, and

(c)specify the amount, if any, which is payable by the bailor to the bailee in respect of the goods, and which became due before the giving of the notice.

(2)The period between giving of the notice and the date specified in the notice as that on or after which the bailee proposes to exercise the power of sale shall be such as will afford the bailor a reasonable opportunity of taking delivery of the goods.

(3)If any amount is payable in respect of the goods by the bailor to the bailee, and become due before giving of the notice, the said period shall be not less than three months.

(4)The notice shall be in writing and shall be sent by post in a registered letter, or by the recorded delivery service.

7(1)The bailee shall not give a notice under section 12(3), or exercise his right to sell the goods pursuant to such a notice, at a time when he has notice that, because of a dispute concerning the goods, the bailor is questioning or refusing to pay all or any part of what the bailee claims to be due to him in respect of the goods.
(2)This paragraph shall be left out of account in determining under section 13(1) whether a bailee of goods is entitled to sell the goods under section 12, or would be so entitled if he had given any notice required in accordance with this Schedule.

I took legal advice from the legal line of tesco insurance three years ago in relation to Torts. I sent emails and letters, he never responded. Then I contacted Tesco legal again as two articles in newspapers gave two different towns he was living in. I was writing to an address I had but the police said they had a different address. The act is complicated, I did as tesco legal told me to. All I'm worried about is the CPS and if they prosecute, it will be good bye to a good career. The police have caused alsorts of problems. My ex was questioned under caution the other day regarding abuse on me and my son now has to give video evidence about assault on him. We were getting on with our lives. I'm still stuck with his rubbish and have be warned by police if I dispose of it I will be charged. A warning to anyone who ends a relationship!

One more point. I would have thought the stuff he brought into my home (we lived together) were part of the family home. I paid nearly £2000 to upgrade the campervan. I was also in the vans insurance and his other cars. Just seems strange, although he does have a pest control contact with the police. I wonder why the police ignored all the paper trail evidence telling him to collect items at mine.Thanks