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Legal matters

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Cannot gain access to our personal belongings for a month

46 replies

AbstractVoyage · 19/06/2018 22:35

I hope you can provide some help.

I would like to ask if a family member can detain personal belongings with only the explanation of being 'very busy'.
There is quite a backstory to this but I will try to keep it simple and provide a snapshot of what is happening now.

My parents have emailed us to say that there has been a leak in their attic. They have said that amongst all the items that have been brought down are some of our personal belongings.

We had thought that we had retrieved everything a couple of years ago when they emailed us telling us that they wanted to 'get rid' of our belongings however but it seems that we hadn't retrieved everything. It was very disorganised and they had always said that they didn't want it tidied for them.

They have said that other people have got the boxes down for them and will be going through it. I believe that our belongings comprise of books, clothes and papers, possibly letters of sentimental value.

Despite giving them plenty of notice that we wanted to visit last weekend to retrieve these items, they have said that they are busy, without explanation.

In their initial email they said that mid-July was the earliest that we could retrieve them. Unfortunately we can't do July at all. They replied that it will have to be August in that case. It is stressful to imagine that other people will be going through our personal possessions and feels rather as though they are taunting us with it.

The exact date of the leak that apparently affected both floors of the house to the extent that the sitting room has had to be redecorated, is unspecified other than being 'some months ago'. They would have been aware that some our belongings might potentially have been with there too. Instead, they have delayed the communication which happens to coincide with the run up to my partner's birthday.

As you can probably gather, we have a strained relationship with my parents due to their past actions. All correspondence has been kept to email since a disagreement a couple of years ago when we stayed with them, paying them for use of an unused bedroom and bathroom and buying them food twice a week . Their behaviour at the time proved extremely challenging with obstructions and false accusations. In fact, the last time, we retrieved what we thought were all our belongings, we were sent an email asking us if we knew where two items that we would have no need for, had disappeared to...

So, if you have got this far in reading (thanks!) and do any solicitors know if a parent/past landlord can withhold personal belongings without explanation?

In the past, we have driven there at their request to retrieve many items from the attic for them at short notice, so without explanation it seems unreasonable.

Any advice would be super helpful

OP posts:
LivingMyBestLife · 19/06/2018 22:42

Presumably you left the items there in the first place, though? I don't think a legal option would be the right way to tackle this tbh, but hopefully you'll get a legal expert along soon.

AbstractVoyage · 19/06/2018 22:50

Yes, it's a shame that we overlooked getting them all.

It was packed full of their items so we couldn't check every suitcase and every box because there was simply no way of getting to them.

I hope that a solution that can be found resorting to a solicitor too. Sadly, they are very difficult to reason with.

Thank you for taking the time to respond.

OP posts:
AbstractVoyage · 19/06/2018 22:51

without resorting.

OP posts:
TheHodgeoftheHedge · 19/06/2018 22:52

My feeling would be that you've lived this long without those belongings, you seem to have not even realised you didn't have them...is it not easier for all concerned to effectively write them off? Then you can put the issues with your parents behind you and hopefully move on.

Nicknacky · 19/06/2018 22:57

So can’t you just arrange to get them in August?

Lucked · 19/06/2018 22:57

They have been with your parents for years a few more months makes little difference. Presumably they stored your belongings as a favour so let them set the date.

welshmist · 19/06/2018 22:59

With all the water damage, they may well be beyond saving.

EnglandKeepMyBones · 19/06/2018 22:59

Can they not just post the boxes to you?

AbstractVoyage · 19/06/2018 23:01

Thank you for your response. It's not that we didn't miss them, it's that we had assumed that they were in a storage room and not there.

There are some clothes and jewellery with high sentimental value, as well as personal papers. I feel quite stressed by the thought of them other people going through them, particularly as they will leave them to it and they could potentially be stolen.

Usually, June to July is tennis watching time for them. I have communicated that I have no wish to distract them from what they are doing, we simply want to retrieve our possessions.

OP posts:
Nicknacky · 19/06/2018 23:02

Why are you worrying now about them being stolen, when you didn’t even realise they had them?

Your emotion is making this a bigger issue than it is. Arrange to get them in August.

Grasslands · 19/06/2018 23:04

You didn’t know you had boxed/stored items missing.
Its been two-three years.
They have had a major flood and will potentially save your long forgotten items by drying them out, which I find very kind.
I expect the home (especially if insurance is involved) to take 6 months to a year to set straight.
I certainly don’t think an August date to retrieve it being unreasonable.

TheHodgeoftheHedge · 19/06/2018 23:06

I'm not sure who you mean is going to be "going through them" or stealing them?!
You're busy for the whole of July but you're annoyed that they're busy for the next 2 weeks? I appreciate there's obviously a huge and upsetting back story here but just arrange a date in August then and be done with it.

AbstractVoyage · 19/06/2018 23:17

They see themselves as landlords and the cold tone of their emailed letter reflects this.

Our possessions are not currently used but items that have great sentimental value. The last time we were told that they wanted us to 'get rid' of our items, we travelled there at their immediate demand but as I say, we could not get to every single box to check them. It was packed to the rafters. I have repeatedly asked about a pair of earrings that had been taken to put in a safe and never seen again. So, I am worried that these items will be purposefully damaged. My parents have unfortunately been very vindictive towards me.

I would rather that we can retrieve our belongings and get it done. It also frees up space for them.

OP posts:
MiniMum97 · 19/06/2018 23:19

Can't you just turn up and pick them up?

Nicknacky · 19/06/2018 23:19

So arrange a date in August and take it from there. What else do you want people to say? Sue your parents?

If you think they have stolen your property then you need to report that but collect what's outstanding first.

TheHodgeoftheHedge · 19/06/2018 23:23

What do you expect any of us to be able to suggest though?!

Katescurios · 19/06/2018 23:24

I think you need to find a way for you or a representative for you too go in mid July and get them.

Logically i believe that any legal standpoint would be that they have offered you the opportunity to collect, you have advised its not convenient so an alternative date has been offered.

If these items are so important then you need to make the effort to collect them at the first possibl e chance.

AbstractVoyage · 19/06/2018 23:25

No MiniMum97, unfortunately not. They would call the police and say that they were being harassed or something. They are highly suspicious and vindictive.

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Nicknacky · 19/06/2018 23:26

So make an arrangement!!!

MyKingdomForBrie · 19/06/2018 23:27

You really can’t accuse them of withholding when they’ve offered July and you’ve turned it down. You’ve suggested one weekend, I don’t think it’s out of line that they’re busy for one weekend.

If you want your stuff sooner then make time in July.

Tell them that you don’t want anyone else to go through your things. They might not listen but you can request, them if anything is stolen you didn’t give permission.

AbstractVoyage · 19/06/2018 23:38

Katescurios, that is what we are doing, offering to pick them up at the earliest opportunity which they are obstructing us from doing.

I also forgot to state that they said that if we do not collect by July that our items will be disposed of.

Grasslands, they may well have been kind to dry off our belongings - we do not know the extent of that because they provide no detail. I have spend decades of my life helping them both in ways that are well above the call of duty for a daughter and I have shown my gratitude with many hotel and theatre trips and thousands of pounds worth of clothes as gifts to them both over the years.

We don't want to make any communication with them without thinking it through and will probably just wait until August now. It will come around quickly enough and then that will that.

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Nicknacky · 19/06/2018 23:41

So they have said mid July is the earliest you can collect then said if you haven't collected by July they will be disposed of. Which is it?

Grasslands · 19/06/2018 23:42

“I believe that our belongings comprise of books, clothes, letters”
You don’t even know what’s in these boxes.

AbstractVoyage · 19/06/2018 23:45

MyKingdom, they have refused access until mid July, so it isn't only one weekend but I appreciate your reply. If it was only one weekend, we would completely understand.

They haven't given a specific date in July yet and knowing what they are like, there will be a lot of negotiation. We will compromise and cancel booking the holiday we haven't had in ten years to just get our personal belongings at the earliest opportunity then. Should anything be stolen we will report that to the police.

OP posts:
Nicknacky · 19/06/2018 23:46

Ok I will stop posting as I'm clearly invisible.

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