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Legal matters

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how to retrieve property someone borrowed but won’t return

76 replies

clarcam · 22/06/2024 17:27

i left a designer hand made hat £300 at a friends house. she liked it. but won’t return it and when i call or ring keeps fobbing me off that when she finds it she will return it. This has been going on a long time. when will become theft? how do i pursue it? do i have to go to a police station or dial 999 to report. will they send someone round to make notes ask questions? or do i have to go through the small claims court? would i need a crime ref from police first?
so do i write to the court and will they contact her with a summons? what if she says she never had the hat?

OP posts:
olderbutwiser · 22/06/2024 17:36

You lent her a hat and she hasn't given it back and you think the police will have time and resources to treat this as a crime??? Seriously?

ClickClickety · 22/06/2024 17:45

Can you go to the house and insist you look for it yourself?

Dowhatyouwanttodo · 22/06/2024 17:46

It will never be a theft because the friend didn’t dishonestly appropriate the hat. It’s at best a civil dispute.

Slugsandsnailsresidehere · 22/06/2024 17:46

Stand on her doorstep when she's in and ask for it back. If she won't hand it over I'm betting she's sold it

Rookie93 · 22/06/2024 17:58

Small claims court- For non-monetary small claims, the court fee is £250. For monetary claims, court fees are determined by the value: ie up to £300 is £35 - but assume it's the hat you want back not the money.
Realistically there is no way to force her to return your handmade hat. Perhaps if you stop asking she'll find the pleasure of denying it to you diminishes, but who knows perhaps it's lost/damaged and can't be returned. Personally OP I'd let it go and be the bigger person. Hopefully you have pictures of yourself wearing that hat so you can still enjoy the memory and maybe, just maybe, buy a new hat and enjoy wearing that beautiful handmade object yourself.

Make a court claim for money

How to take legal action if someone owes you money (small claims court), how much it costs, what happens next. Includes information from withdrawn guidance EX303, EX304, EX306, EX321, EX325 and EX350.

https://www.gov.uk/make-court-claim-for-money/court-fees

PattyDuckface · 22/06/2024 18:20

I bet she's lost it or damaged it in some way and is hoping you forget it

WigsNGowns · 22/06/2024 19:13

The first step is to write her a formal letter or email requesting return of the hat. When you said you left it do you mean you left it by mistake and she then asked to borrow it or do you mean she asked to borrow it and you lent it to her?? either way in the letter set out the facts accuratley but formally.

Set out the facts like this

On X date I lent you (insert formal description of hat - a Philip Treacy hat that is a pink pill box hat with a long green feather).

(if there was any discussion about length of loan include is as in . 'You told me you would like to borrow it for friend's wedding on X date and I expected to have the hat returned relatively promptly after that date).

I have asked you to return the hat X time as follows
by email on date
by telephone on date
in person at Joes Cafe on date

You have failed to return the hat. This is a designer hat of some considerable value - several hundred pounds - and also of personal sentimental value to me.

Regrettably, I now have no option but to formally ask you in this (email or letter) to return the hat immediately and by X date at the latest. If you fail to return the hat to me by that date, I fear I will be forced to take legal steps to recover the hat or its value but obviously as you are a friend that is really a last resort.

I am only writing to you in this way because I have asked so many times and you are refusing to return it. Please let me know when you will be returning the hat on a date and time before X date.

Sorry if this sounds very formal but like I said, I feel I don't have any alternative.

THEN
if you get no where, look at small claims if you can be bothered - I don't mean that in a perjorative way just that it will be a lot of "work" and effort and it depends whether the hat means that much to you.

clarcam · 22/06/2024 19:36

olderbutwiser · 22/06/2024 17:36

You lent her a hat and she hasn't given it back and you think the police will have time and resources to treat this as a crime??? Seriously?

i did not lend her the hat. i left it there on a visit and didn’t realise till i got home

i i understand the relatively low price, but what if it was a rolex watch i left there costing 5 figures? would i have a better case to call the police or they may still say its a civil dispute?

OP posts:
HappierTimesAhead · 22/06/2024 19:40

Realistically, you are not getting the hat back.

Badassnameforadojo · 22/06/2024 19:43

Can’t you have a mutual friend go round and ask for it if she is ignoring you?

imnotsickbutimnotwell · 22/06/2024 19:52

As per another poster…

Letter before action sent recorded delivery requesting return of hat or equivalent cost

If no response Small Claims court

Gymmum82 · 22/06/2024 19:57

Regardless of value is it and will always be a civil matter. The police will not help you.

You either need to go round and refuse to leave without it. Or take her to small claims court for the value.

I would say she’s either sold it or damaged it in some way and it is very unlikely you will get the actual item back. You may get it’s value in court

Badassnameforadojo · 22/06/2024 20:05

Can I just ask OP, did you seriously think that 999 was the correct number to call?

Do you know what 999 is for?

If you have a non emergency which you think may be a police matter then you fill in an online report or call 101 to report and discuss.

999 is not for non-emergencies. It is for when an immediate response is required because a crime is happening, you are in danger or someone else is in danger (and of course for ambulance or fire or coast guard).

Did you consider your missing hat to be an imminent danger to you and require an immediate response from EMERGENCY services?

App13 · 22/06/2024 20:09

Small claims court.

You have her address and name thats all you need

You will need proof of trying to get it back, has there been any texts to that effect ? Pictures of her wearing the hat, and you also .. to show she took it off you?

UtterlyOtterly · 22/06/2024 20:17

999 😂

Write a letter OP and send it recorded delivery or whatever they call it nowadays.

Or gather together your biggest and burliest friends to go round with you.

Nonewclothes2024 · 22/06/2024 20:30

@clarcam please don't tell us you were serious about calling 999 ? Confused

LizzieBennett73 · 22/06/2024 20:43

That hat is long gone, OP. You left it there by mistake and something obviously happened to it. But that something wouldn't have happened if you hadn't left it there.

She's a crap friend for not owning up about it, but don't throw money at this.

Sillystrumpet · 22/06/2024 20:47

Genuinely op, did you seriously think you would call the emergency services on 999 or that you could actually write to a court and they would issue a summons??

MumblesParty · 22/06/2024 21:00

I lent a boyfriend a ring once, and then when he dumped me I asked for it back. He kept fobbing me off. I rang him, also saw him at work, and each time he’d say “yeah I’ll give it to you”. But he never did.
One day I just turned up at his flat unannounced, with a friend, and said “give me my ring back now”. He handed it straight over!

HappierTimesAhead · 22/06/2024 21:35

This kind of thread automatically leads to the reader to imagine the hat in question in their mind. Bizarrely I imagine a trilby with an enormous colourful feather sticking out the top. Clearly the real hat looks nothing like this.
Sorry for your loss OP, both on the hat front and friend front.

TwigTheWonderKid · 22/06/2024 21:43

Your own carelessness can hardly be regarded as theft. Yes, your friend should have returned it but if the hat is that important to you perhaps you should have remembered to take it home with you in the first place.

Dowhatyouwanttodo · 22/06/2024 21:43

clarcam · 22/06/2024 19:36

i did not lend her the hat. i left it there on a visit and didn’t realise till i got home

i i understand the relatively low price, but what if it was a rolex watch i left there costing 5 figures? would i have a better case to call the police or they may still say its a civil dispute?

Edited

It’s a civil dispute. The value of the item doesn’t change this.

Boymum2104 · 22/06/2024 21:56

Wtf the police won't do anything over a hat.. 999.. this must be a joke

goingtotown · 22/06/2024 22:00

App13 · 22/06/2024 20:09

Small claims court.

You have her address and name thats all you need

You will need proof of trying to get it back, has there been any texts to that effect ? Pictures of her wearing the hat, and you also .. to show she took it off you?

Small claims court fee is £250.

LakeTiticaca · 22/06/2024 22:15

Give her 24 hours or you will out her as a thief on social media