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court staff v preacher

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Re: court staff v preacher

Postby preacherman » Sun Feb 11, 2018 6:32 pm

Thanks dls, I forgot you told me something like this once before and I managed to get some case law emailed to me, from a law library in Ireland if i recall.
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Re: court staff v preacher

Postby preacherman » Sun Feb 11, 2018 6:36 pm

atticus wrote:Use Mr Swarbrick's excellent case resource at http://www.swarb.co.uk. It has a search facility.

For the benefit of others, "conversion" is a tort (legal wrong) of intereference with another's property rights. Prosecution for theft is unlikely to get full compensation for the OP.


whats this in plain English from the theft act?:

Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner.

if someone leaves there socks in my front room and I find them, they ask for them to be returned, I say, well I will post them to my brothers house so you can collect them from there. is that an assumption!?
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Re: court staff v preacher

Postby atticus » Sun Feb 11, 2018 7:41 pm

atticus wrote:... if the defendant has been imprisoned or fined, his ability to pay may be diminished. This is why I advise against insisting on prosecution if civil recovery is to be pursued.
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Re: court staff v preacher

Postby preacherman » Sun Feb 11, 2018 8:48 pm

atticus wrote:
atticus wrote:... if the defendant has been imprisoned or fined, his ability to pay may be diminished. This is why I advise against insisting on prosecution if civil recovery is to be pursued.


and good advice I would say. The threat of criminal prosecution though could be used the same way, if a person persists.I had a letter ten months after I first requested an item be returned, saying I could collect it on such and such a time, but I must pay a fee lien I think I would call it. This letter came after my civil claim was issued. it says if I dont collect it then it will be disposed off.

'you will firstly hand over £1.00 for the costs of the stamp and this letter and envelope that I must send you due to your lack of care to collect the item during these months. You will also hand over £10.00, this is your contribution to my sons fuel and his time collecting your item, at your request. If its not collected at x time, it will be disposed of'.
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Re: court staff v preacher

Postby preacherman » Sun Feb 11, 2018 8:55 pm

then there is the threat of 'I dont know what' as I left my item in a property that was being renovated, not 'mothers house'

your item has been at my mothers for months and months, it continues to be a nuisance, its a heavy object, with sharp edges my mother has hit her ankle on it twice as it has stood in her lobby awaiting your collection, hopefully her ankle will not suffer permanent problems due to being caught on your rusty old item, if it does you will be the first to know'.
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Re: court staff v preacher

Postby atticus » Sun Feb 11, 2018 9:06 pm

You have been given notice under the Torts (Interference with Goods Act) 1977.

All you have to do is arrange to collect your stuff
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Re: court staff v preacher

Postby preacherman » Sun Feb 11, 2018 9:17 pm

atticus wrote:You have been given notice under the Torts (Interference with Goods Act) 1977.

All you have to do is arrange to collect your stuff


No, I have to pay a fee as well!...I issued a claim though already seeking damages, I needed the item some time ago.

The relief is—
(a)an order for delivery of the goods, and for payment of any consequential damages, or
(b)an order for delivery of the goods, but giving the defendant the alternative of paying damages by reference to the value of the goods, together in either alternative with payment of any consequential damages, or
(c)damages.

and no order has been made, only that the matter go to trial, along with other causes.

Where an order is made under subsection (2)(b) the defendant may satisfy the order by returning the goods at any time before execution of judgment, but without prejudice to liability to pay any consequential damages.
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Re: court staff v preacher

Postby atticus » Tue Feb 13, 2018 9:42 am

You have an opportunity to get your property back for very little cost. Take it.
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Re: court staff v preacher

Postby preacherman » Wed Feb 14, 2018 7:11 am

atticus wrote:You have an opportunity to get your property back for very little cost. Take it.


well I had a letter with what appeared snot rubbed on the rear, was only given 2 days notice, a 3 hr time slot and what is perceived as a threat of violence in the letter. Due to responding to a safety allegation in defence I mentioned a true statement of fact regarding 9 inch stilettos being warn by defendant on site being only genuine safty concern, who then turned that into an allegation that I have an obsession with defendant and she now locks her door at night! would you turn up and collect your chattel ?!

I would prefer the magistrates route.
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Re: court staff v preacher

Postby atticus » Wed Feb 14, 2018 7:18 am

Are there any other things that you want to say but have not yet said?

Are you bringing this claim in the magistrates court? That is novel.
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