Dang here's the bill for the clean up after the fire. :l
Legal advice please
- Thread starter Simon
- Start date
I'm reading it through but I'm still not sure whether it applies to a relationship breakdown or is strictly a business thing.
The stuff is personal effects. Not worth much but I imagine worth a lot to her. Lot of very personal possessions. Goods of family value too. I'd feel bad giving them to the salvos.
We are talking probably three station wagon loads? Too much for me to keep in my lounge but easily stored. Anyone with garage space could keep it for her very easily.
When I get home I'll be calling her family. But I suspect they will just refer back to her and nothing will happen. Certainly my emails to her family went unanswered and I got abusive ones from her for bothering them.
That's something I would have handled with a phone call and not put into writing. It's very poor form on behalf of the family if they don't take the stuff off your hands. I know mine would... and I would cop a serve for being so rude.
I can understand where you're coming from Simon. Good on you for trying so hard.
I've had the view from the other side.
My daughter has left stuff with friends in a couple of locations around the world. It's not worth much to sell, but there's sentimental stuff as well as paperwork. She has been trying desperately to locate the stuff, but keeps coming up against dead ends. She's quite upset as it looks as if she won't see it again.
I've had the view from the other side.
My daughter has left stuff with friends in a couple of locations around the world. It's not worth much to sell, but there's sentimental stuff as well as paperwork. She has been trying desperately to locate the stuff, but keeps coming up against dead ends. She's quite upset as it looks as if she won't see it again.
Why did she leave it? Why not post it home if it's that important?
I wonder this myself. But she did have a dislocated shoulder at that time, making it difficult to carry stuff around to post offices or whatever, and she was extremely short of money.
I don't think she did things in the best possible way, but it's too late for that now.
Fair enough, I wasn't having a go at her just curious is all.
OK, we've all had fun with this, but back to a sensible approach -
For legal protection all he needs to do is send an email to let her know he is going to dispose of the goods by a certain date (one week) if she has not come or made arrangements to have the goods collected.
I would follow up the email with a registered post letter and make copies of the email and the letter.
Then it's up to her to take action, and she has had fair warning.
Don't get involved with lawyers - they love to play ping-pong with silly letters and money-churn the hell out of both clients.
For legal protection all he needs to do is send an email to let her know he is going to dispose of the goods by a certain date (one week) if she has not come or made arrangements to have the goods collected.
I would follow up the email with a registered post letter and make copies of the email and the letter.
Then it's up to her to take action, and she has had fair warning.
Don't get involved with lawyers - they love to play ping-pong with silly letters and money-churn the hell out of both clients.
I know you want to do the right thing ... but an extensive search of the internet indicates that in NSW, there is only law regarding unclaimed property of deceased estates and/or monies.
Everything else indicates you only have to hold anything "of value" for 30 days.
Have you call Fair Trading to see what they say?
If you know where her parents live, can you take the personally valuable stuff there? For the rest, I'd go by the link Terry posted regarding disposal of abandoned "tenants" items.
If not possible - tell her in writing your intention to dispose of the items - and again, go by Terry's link to verify to her that you only have to keep the goods for the 30 days - and that she has 30 days to arrange alternative storage.
My main concern is how financially you two were entwined in regards to the boat and house?
Everything else indicates you only have to hold anything "of value" for 30 days.
Have you call Fair Trading to see what they say?
If you know where her parents live, can you take the personally valuable stuff there? For the rest, I'd go by the link Terry posted regarding disposal of abandoned "tenants" items.
If not possible - tell her in writing your intention to dispose of the items - and again, go by Terry's link to verify to her that you only have to keep the goods for the 30 days - and that she has 30 days to arrange alternative storage.
My main concern is how financially you two were entwined in regards to the boat and house?
I think the most sensible, fair approach is:
THIS
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Just drop it all around at her parents house, hopefully there is an undercover area. This stuff really belongs there.
THIS
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Just drop it all around at her parents house, hopefully there is an undercover area. This stuff really belongs there.
This may not be all the "legal protection" he needs though. I have no idea, but I've recently learned that what seems sensible and logical doesn't always mean it is legal, sensible or just.
Simon, you need to get rid of her stuff, but you don't want to do anything that can have consequences if you get it wrong. I think best course is to take it to her parents. You've not sold it, burnt it, given it away and this course gives her family the option of doing what they want with the property.
Is there a free legal service you can call. In Queensland we have the Caxton Street Legal Service http://www.caxton.org.au
Maybe there is something in the state you are in that can give you legal advice that comes from a legal person in the state this problem is in, and not from a forum on the internet.
I still reckon, failing getting free legal advice, a couple of hundred spent for a legal opinion is money worth spending. What happens if she comes back at you and says her stuff was worth $20K and "please pay up"?
If you don't mind taking the effort - box it all up, so that it is handy to pickup and drop, then take it over to her parents place and drop it in their driveway.
Make sure you write her name on each box so that when they arrive home they know who it belongs to.
Problem done and dusted. Saved yo a couple of hundred legal advice and spent a little bit of time really working her out of your system.
Cheers
Make sure you write her name on each box so that when they arrive home they know who it belongs to.
Problem done and dusted. Saved yo a couple of hundred legal advice and spent a little bit of time really working her out of your system.
Cheers
Sensible advise from BayView.
Personally I would photograph the items that you want removed with a date/stamp image and include them along with the request.
Photograph them being removed by the method you advised you would use. Ie rubbish bin, given to charity etc.
Remember to forward a final letter stating that the items have been removed.
Do not envy your position but best of luck.
Maybe the goods left behind are there for a reason the same as the paradox of perception,or you come home one day and the Lady is sitting in the kitchen having a stubbie after the "OS" trip went belly - up depending on how long you lived with your girlfriend ???,,the link Terry posted would help or what would be the cost to make a appointment with a High-end-Legal person like Terry pay the money and walk out the door and not have the stress worry and finish the problem..imho..
BTW,I still have 5 boxes of personal items from a tenant that left his gear just after the Floods in Brisbane in my shed when we put his young son and him up for several days till they got sorted out,they live in Asia now
contacted him several times to return his gear family photos of his Mum-Dad ect I just can't throw them out,but I know he will come back for them one day..imho..
The reason the goods were left behind and not moved is because she seems to be too lazy and inconsiderate to arrange alternative storage or she's a tightass and trying to save money on storage fees. I wish I had somewhere to keep my stuff for free when I moved overseas instead of paying $200 a month for a few cubic meters.
My initial reaction would be to drop the stuff off at her parents, but if it's 3 car loads this could be logistically difficult and just dumping it whilst they're out could easily lead to an accusation of dumping valuable items. You'd probably have to do it with her parents consent.
You could try to treat it like a tenancy arrangement. Get the tribunal to issue an abandonment judgement over the goods, then you can just take them to the tip. No idea if this can actually be used in this situation or how the process works but worth considering.
If she absconded with a co-worker, what about contacting her employer? If she's still employed there it might embarrass her into doing something about it.
You could try to treat it like a tenancy arrangement. Get the tribunal to issue an abandonment judgement over the goods, then you can just take them to the tip. No idea if this can actually be used in this situation or how the process works but worth considering.
If she absconded with a co-worker, what about contacting her employer? If she's still employed there it might embarrass her into doing something about it.
TMNT summed it up best in post #17.
It breaks my heart to realise Australia has degenerated into such a nanny state that legal advice needs to be sought for something like this. Most places in the world you would just chuck it out and that's the end of it. No mucking around with courts or lawyers. Move on.
Depending on how much stuff it is, stick it in boxes and put in the roof of your house. When she comes looking for it tell her its gone. You will have pleasure knowing you still have it, after all she screwed you around big time. If she threatens legal action you can always get it down from the roof.
Then afterwards you can sell it or ditch it but I wouldnt give it to her.
Then afterwards you can sell it or ditch it but I wouldnt give it to her.
I think that this is the best approach as well.
If something valuable/sentimental value etc is then thrown out it is her parents fault not yours.
