VIC Agreement made by correspondence

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SamanthaJay

Well-Known Member
4 July 2016
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794
Sometime ago, I requested several items from the family home (some personal and a couple of items that there were numerous of - so 4 and 10 in his posession of something and I requested one of each (which a normal home would have)). I was specific about which of these items I wanted. This was done via our lawyers. He agreed to some of the items and 8 months later they were delivered to me via one of our children.

One of the items was not the one I requested and he agreed to provide me with. This was returned to him via our child with a request for the correct item. Nothing was forthcoming despite numerous requests so I had my lawyer write to his requesting the item, as per our agreement, and also comment was made that my request was entirely reasonable considering the number of these items in my ex's possession.

A day later I receive another version of the item, again, not the one we agreed to. Both of the items have been checked over and would need extensive and expensive repairs to be considered in good working order.

It's almost not worth chasing this up with letters between our lawyers. The item is also useless to me as I'm not able to use the particular one he has sent, as well as it would cost me more than it's value to have it repaired.

We are about to settle as per our consent orders. Does this agreeement between us, made via correspondence between our lawyers, mean anything? Is it worth me pursuing? Or should I cut my losses?
 

sammy01

Well-Known Member
27 September 2015
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up to you... I'd give up... I decided when the ex was being way too difficult that I'd rather let her keep all my stuff. I get new stuff that has nothing to do with her, I don't bother with mounting legal bills in the pursuit of STUFF and she winds up having to spend money getting rid of my stuff because lots of it was of no use to her, of not much value to anyone else and I'd rather not have anything to do with her so new stuff was the better option
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Chances are the ex knows exactly what he is doing and is using this as a control mechanism to cause you angst and expense.

Recognise and acknowledge the game playing and either refuse to play his game or go in hard and make him regret his decisions. Without knowing the value and emotional attachment to the item it is hard to say which is the better course of action.

As someone who has been through the 'lost everything' stage, I must say that once through the emotional rollercoaster it is quite liberating.
 

SamanthaJay

Well-Known Member
4 July 2016
335
55
794
ok, you guys are right. The item is probably only worth $1,500 but around $2,500 for me to replace brand new. I think it will cost me more than that if I go in hard...even though I feel like doing that!

I'm finding it very emotionally hard right now that I'm officially losing my home of over 25 years. I keep trying to think that chances are the kids will own the property one day. I'll only get to go back there to visit if he dies before me. Of course I feel that I've been financially ripped off but I know he feels that way as well.

I can't wait for that liberating feeling to overcome me! I think I'm half way there which is pretty good considering.

Thanks guys!