My son’s ex will not give him his Sky Glass TV again – what can he do?
My son cut up along with his accomplice final yr and moved out of their rented property, signing it over to her.
He paid all of the utility payments as much as the date he moved out. His ex-girlfriend nonetheless has the Sky Glass TV and won’t let him take it again, he’s unable to entry the property as he signed it over to her. She might be utilizing a fireplace stick to make use of the TV.
He has cancelled every part from Sky however has to proceed paying for the TV although he doesn’t have it. Sky stated there may be nothing they will do.
If he stops paying for the TV then he might be in arrears and can have an effect on his credit score rating when he has been attempting to construct it up.
My son’s ex-girlfriend will not give his TV again – can he enter the property and take it?
He has gone to the police about getting it again and they aren’t in a position to assist. He is now on about simply getting into the property when he subsequent picks up his son and taking the TV off the wall and taking it.
This just isn’t the best state of affairs and he may find yourself in bother for getting into the property with out consent however is there anything he can do? D.B by way of e-mail
Angharad Carrick of This Is Money replies: This is a tough however sadly widespread concern.
When it involves a separation, there are often methods for a pair to separate up belongings however this will turn out to be much more sophisticated if the couple just isn’t married.
Some get a cohabitation settlement, which is a authorized doc between single {couples} who reside collectively.
This helps to set out preparations for funds, property and youngsters for if you reside collectively after which should you cut up up, just like a wedding pre-nup.
I’m undecided in regards to the particular circumstances round your son and his ex-partner’s separation, but when there have been any agreements in place this might clearly have an effect on what your son can do.
The Sky Glass TV subscription is expensive so I perceive your son’s frustration. He is paying for a service he is not ready to make use of and it appears neither is his ex-girlfriend.
Essentially, Sky Glass is a brilliant TV that has Sky Entertainment built-in and allows customers to stream reside TV and streaming providers on to the TV in 4K.
These packages could be taken out on contracts of as much as 48 months – though it’s unclear how lengthy your son signed up for.
Your son might be paying off the price of bodily TV, moderately than simply Sky packages.
You are proper that the subscription is your son’s duty as a result of it’s in his identify, and failing to pay may negatively have an effect on his credit score.
I requested two legal professionals for his or her recommendation on what your son can do to get his TV again.
Slater and Gordon’s Hannah Saxe says court docket needs to be a final resort
Julian Bremner, accomplice and monetary arbitrator at Rayden Solicitors stated: If the Sky Glass is in his identify and he’s the proprietor then he’s entitled to its return.
While the police may help, it’s plain they aren’t that .
I feel the choices are:
- Seek the assistance of a solicitor, who can write to the previous accomplice and attempt to get settlement as to its return; or
- Claim the objects return, along with any losses suffered because of its wrongful retention, by the Small Claims Court. This is a comparatively consumer pleasant possibility and one through which solicitors aren’t wanted.
The possibility of marching in and taking it off the wall just isn’t very best, certainly, it could very a lot be in opposition to my recommendation to take action.
The concern could be, he might be trespassing if he enters the property (and the police will surely act on that step.
It additionally opens the door to additional battle, significantly non-molestation and occupation proceedings, which in flip might influence negatively on his means to see his little one/kids.
If he insists in taking probably the most unwise step of self-help, his former accomplice has restricted rights of grievance about his taking the TV again.
He ought to have proof of possession with him when he collects it and, on the very least, make sure that he has an impartial grownup witness with him in order that his former accomplice just isn’t tempted to brighten or trigger additional issues.
Hannah Saxe, principal lawyer, Slater and Gordon stated: Dealing with the restoration of private belongings when a relationship breaks down could be tough as the price of instructing a solicitor to kind it out for you is usually greater than it could value to changing the objects (or pay Sky, in your sons’ case), which means it’s extra proportionate by way of prices to attempt to resolve the difficulty your self.
If your son has proof that he has the contact with Sky, then that’s his proof that the TV belongs to him.
Often the Police will assist individuals in his circumstances get better their belongings from their former residence particularly if they’re involved that in the event that they went on their very own to get the objects there may very well be a breach of the peace.
I recommend that he speaks to the Police once more and reveals them proof that he owns the TV. He ought to say that he’s anxious that there may very well be a breach of the peace if he goes to attempt to get better it himself and he would subsequently like an officer to go along with him.
Failing that, he might be able to take his ex to small claims court docket. These claims are for smaller quantities of cash, in instances the place the authorized guidelines are straight ahead and subsequently claimants cope with the proceedings themselves moderately than instructing a solicitor.
However, going to court docket needs to be considered as a final resort.
Very typically simply warning somebody you’ll go to court docket if they don’t pay cash that’s owed in a ‘letter before action’ might be sufficient to get them to co-operate, moderately than them having to cope with the proceedings.
There is an instance of a letter earlier than motion on the Citizens Advice web site.
He may also think about inviting his ex to mediation to resolve any excellent monetary points, moderately than resorting to creating an utility to court docket.
I don’t recommend that he tries to take the TV subsequent time he goes to gather his son as that’s more likely to inflame the state of affairs.
It is greatest for him to attempt to stay amicable along with his ex for the advantage of his son and defend his son from grownup points reminiscent of finding out monetary preparations.