QLD Compensation for Stress and Unreturned Property?

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QandA

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28 February 2017
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I lent my car to someone, temporarily, on the pretence they'd pay me $100 a week for this service. The 'temporary' turned into over a year due to the fact they disappeared and I couldn't find them and I've been given $150 only.

Since I was able to locate this person and got him to drop the car at my mechanics, where I asked my mechanic to not give my car back to them, I have since got my car back. But I need to change a tyeare, which has turned into another saga as this guy just couldn't be bothered dropping my jack off to me, so I had to ask a friend to help me get the jack and the extra rim from this guy's house. The jack wrench thing wasn't with the jack, so that's a 20-minute drive relying on my friend for nothing.

2 months later and around 100 texts, I am still waiting on this guy to drop the jack wrench thing off, which he keeps saying he will do but, alas never does. I now have a flat battery also, etc so the problem just gets bigger and bigger for me. He literally works 6 blocks from my house. I found out yesterday and still cannot drop it off to me on his way to work, as he passes my house daily. Let alone money, I'd say I have around 5000 texts back and forth about money owing and this jack wrench.

But it goes beyond this, as the stress this has caused is immense, it is affecting other parts of my life as it makes me so frustrated and furious. For instance, I work 5 days in town, run an AirBnB and am starting an online travel agency from home so I'm incredibly busy and just need to stay focused and again, this morning I'm woken 6am but this guy asking if I can drive to his place to pick up the wrench!?

After the last 48h hours, 30 texts back and forth, saying he'll drop it Sunday morning, Sunday afternoon, Monday morning before work, Monday afternoon 4pm, Monday night 7pm.. now it's Tuesday and he's asking if I can go pick it up. I am seriously losing my mind, I'm way too busy to be dealing with this and after almost 2 years of waiting for the money he owes and parts from my car from this guy, the fury it puts in me is incredible. I don't have high expectations from people apart from sticking to ones word.

Beyond this, he also at many different occasions over the last 2 years, sends me unprovoked sexually explicit texts saying the most disgusting things to me, what he wants to do to me etc and apart from already being furious at his narcissistic behaviour, it makes me feel incredibly violated. I am a r**e victim and have PTSD and it triggers things in my mind so this all affects me greatly in all aspects of my life. I have never had sex with this guy nor have I shown I may want to. Ever. So I feel its a complete and persistent violation.

So can anything be done? I would like to take him for sexual harassment, stress interfering with other aspects of my life and I'd like monetary compensation for this and also the money already owed to me. After 2 years I am really at wits end and once again woke up this morning, because he woke me at 6am stating can I pick the #^&^!@* wrench up, so I am wanting to hurt myself or my walls to let out this frustration I have. I'm meant to be working on my website, but again I'm too furious and am instead wasting my time and writing to you.

That is just the tip of the iceberg of it all but what do you think? A case or no case?
 

Rod

Lawyer
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27 May 2014
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You have a case, however you are letting him dictate the rules. Report the explicit texts to the police. It is a criminal offence.

Stop playing the victim and take control. You'll find it empowering and it will lower your stress level.

So either take him to court, or let the whole matter go and get on with life.