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Liberty to apply - consent order - uncollected possessions

  • Illgetthere
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12 Apr 21 #516463 by Illgetthere
Topic started by Illgetthere
I am looking for guidance please

Can liberty to apply clause be used if contents in a Consent Order (agreed list attached to order ) have not been collected by other side for months - effectively using me as free storage and threatening legal action if damaged whilst in my possession. Can I go back to the family court ?

They are severely restricting use of my property - can I apply family court to set a time limit for collection - Consent Order states items should be ready for collection within 72 hours of being requested - at a mutually convenient time.

30 day notice to remove been refused by owner - I have date agreed 12 days after 30 day deadline - this advice is being sought Incase other side doesn’t collect on stated date as they seem to have no where to store their possessions and expect me to.

thank you

  • mirage63
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12 Apr 21 #516465 by mirage63
Reply from mirage63
i would think it depends on the wording of the Consent Order. If it says after 72 hours of a mutually agreed date i expect you would need to wait until this is arranged. If you have a clear date for removal on the signed order then you will need to wait until he collects them. if you want them out of your way then you could possibly remove them to an out building as long as it is clean, safe and dry and items are not damaged.

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