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My friend's locked out of the flat she used to share with her BF and her stuff's still in there.?

She moved in with him and his name's the only one on the tenancy as she wasn't 18 when they moved in. They finished recently when she finally saw him for the loser & waster that he really is and she moved out, leaving some stuff behind that she couldn't carry (like the washing machine, still being paid for on her credit card) and agreeing to collect it later.

He's now changed the locks and won't let her have her stuff without paying him.

He is jobless and even the dole office won't pay him unemployment benefit as he has messed them about so much, not keeping appointments etc. so there's no point in suing him, he's worthless.

Legally, morally and practically, what can she do?

(Waiting for him to drink himself to death is tempting, but we could really do with something a bit quicker that doesn't leave nasty stains, smells, and potentially awkward paperwork and questions)

We are working under, and within, English law.

I know it's not really a divorce, but it's the nearest category.

11 Answers

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  • 1 decade ago
    Favorite Answer

    I`m pretty sure that is theft, but check this out with the police first. A solicitors letter costs around £30 and she can take this to court if she has proof that she is still paying for the goods.

  • 1 decade ago

    In my opinion her starting point should be a letter sent via Royal Mail Next Day Delivery 13:00 service. In the letter she should request the items back, provide a detail list as to the items she is requesting, and state in the letter he has 21 calendar days from receiving the letter to provide the items or seek legal advice regarding the matter. In the event he does not give the items back in the time stated she should seek legal advice. Once she seeks legal advice she should show the letter along with the ticket Royal Mail gives for Next Day Delivery, and a copy of the signature that Royal Mail provides off of their website.

    My opinion based on the information you have provided is that the value of the items are under £5,000 and if she can show she owns the items (e.g. receipts) then she should have no problem getting the money for the items. However if some of the items are unique like one of a kind, not a gift for example, then she might be able to convince the court to order him to give the item back. However it is up to the court to decide and it is NOT guaranteed the she will get them back. A solicitor would be able to give you more direction in that area and how to prepare a claim for small claims court.

    From a moral side there is nothing she can do but from a practical side starting with a letter sent via Next Day is probably the way to start.

  • 1 decade ago

    Unfortunately she's unlikely to get much help from the police.If she was driving 5 mph over the speed limit, drinking in public or smoking at a bus stop she'd get lots of police time and attention but as she wants some help I think she's got no hope and bob hope of getting any practical assistance from the uniformed tax collectors.

    This is one of those in the right but naff all you can do about it situations.

    As she was living in the flat and presumably she can prove it was her official residence then just as the police wont help her get in they're as unlikely to help him if she 'gains' entry and takes her stuff back.

    Alternatively she could organise a fashion show and buy lots of really nice stuff to replace it.This will not only make her feel and look good but it will show her no good useless ex that she can achieve something and she deserves better.

  • Anonymous
    1 decade ago

    You say she is your friend but then you say

    "We are working under, and within, English law."

    So is there more to this story?

    You really seem to have some resentment towards this guy, I can understand your concern for real, but you mention far too many points that really are none of your business or are irrelevant to the point!

    It is her business not yours!

    My advice for her would be to go to the police!

    Without you!

    Your bitter attitude towards him would not weigh favorably for her and distracts from the point. Your personal opinions about him and your lack of tact in failing to reserve them looks very immature and unprofessional if it is your intention to act as her "legal" representative.

    If it is not your intent to represent her legally step aside, because it is a legal matter and like I said before it only raises more questions as to why and how this situation came to be. Your opinions look worse for her than him!

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  • 1 decade ago

    im in a smilar situwation ive left the house that was in my name only but he lives just 5 doors away im not allowed to go on my own viz soical services and the police said i could ask for an escort but they may not be avabile and that if he has trashed the place i cant prove it as he can say well i dont no whos been in.

    she may have to face that shes lost those items.

  • Angel
    Lv 5
    1 decade ago

    She can try contacting the police to see if they will send an officer to escort her inside the apartment to get her remaining items.

    Other wise she will need to file court papers in small claims court to sue him over her items she left behind, she will need to show proof of all items left inside the apartment.. Prove that she is paying for this washing machine.

    Best of Luck to your friend.

  • 1 decade ago

    Have her call the local police departments non emergency number, and then explain the situation. I'm pretty sure thats a form of theft. Make sure she has her credit card statement and receipts in hand to claim her stuff.

  • 1 decade ago

    The only thing you can do is get the police involved.

  • ?
    Lv 7
    1 decade ago

    GO to the police and ask them to escort her to the property.so that she can remove her property amicably.

  • pink
    Lv 7
    1 decade ago

    Call the cops.

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