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Thread ID: 96853	2009-01-26 06:38:00	What should be done?	hueybot3000 (3646)	PC World Chat

Post ID	Timestamp	Content	User
742120	2009-01-26 06:38:00	Hey, a mate had a flatmate disappear after not paying rent for 2 months, been given plenty of warnings and requests for key back etc but he has never shown when he said he would or anything since mid november anyway shes moving out now so has to empty the room there was a laptop (hp dv6000 i think) in there which we assume is his. She wants to sell it to try make some money back to help cover the rent he owes so she can get her bond etc but we're not sure if thats legal He has been given a sh*tload of warning and has had a huge amount of time to collect etc and the place needs emptying anyway. You think we should list on trademe or not?	hueybot3000 (3646)
742121	2009-01-26 06:47:00	Mmmmm.......... maybe she should tell Police or Citizens Advice Bureau to verify what her rights are. LL :dogeye:	lakewoodlady (103)
742122	2009-01-26 06:54:00	yeah we were sorta thinkin something like that but she kinda needs the money lol	hueybot3000 (3646)
742123	2009-01-26 07:32:00	Don't list, it'll be really f***ed up if it turn out you're breaking some law and your friend gets a fine or something. Don't ring the Police, they won't be able to help you, tell her to contact the tenancy service(tribunal) and fill in a form, she will get her money. Tell them its urgent. Hopefully this helps, Blam	Blam (54)
742124	2009-01-26 14:26:00	I'd also talk to the landlords, if they are up to scratch Im pretty sure then can legally repo it to recover costs.	rob_on_guitar (4196)
742125	2009-01-26 20:00:00	This applies to your situation even though the example given is for retailers, b=ut its the same thing. So long as you follow these procedures it's legal: A lien is a right for retailers and service providers to hold goods until payment is received. It can be applied to goods not collected after they have been brought into a service provider for repair or servicing. If, two months after the payment should have been received, the goods have still not been collected and paid for, the holder of the goods has the right to sell the goods at auction. This right is given by the Wages Protection and Contractors' Liens Act Repeal Act 1987 (view this law at the government Legislation website). The Act sets out the steps that must be followed when deciding to sell the goods. Before selling the goods The service provider or retailer must: • Provide one week's notice of the sale in writing to the owner (if the owner's address is known) • Advertise in a local newspaper providing particulars of: o name of the person/company to whom the money is owed o amount of the debt o description of the goods o time and place of the sale o name of the auctioneer. After the goods are sold The retailer or service provider must apply the proceeds of the sale to pay: • the cost of advertising • the costs of the sale • the original debt for the work done. Any money left over must be paid to the Registrar of the District Court nearest to the place of sale, where it will be held for the owner of the goods.	pctek (84)
742126	2009-01-26 22:15:00	The Wages Protection and Contractors' Liens Act Repeal Act 1987 does not apply to this situation. Here is the relevant part of section 1: (1) Where a person has done work upon a chattel in that person's possession so as thereby to be entitled at law to a lien on the chattel for any amount... Your friend does not have clear title - or even vague title - to the laptop. Therefore they cannot sell the laptop and keep the money. Also, as there is no tenancy agreement (the person was just a flatmate) the Tenancy Tribunal is no help either. There is a process whereby landlords can sell goods abandoned at a property - but I don't think it would apply in this instance. However, it may be worth checking with the Tenancy Tribunal and asking for advice. It isn't a satisfactory situation but there is little to do other than lodge a dispute at with the Disputes Tribunal for a $30 fee.	Deane F (8204)
742127	2009-01-27 06:18:00	im not sure she wants to take it as far as court stuff, hmm frustrating laws we have why cant it just be "you owed me money for a long time and now i have something of yours worth that money so we are even"	hueybot3000 (3646)
742128	2009-01-27 06:39:00	If only... but if he rears his head again he could pursue charges "'cos it had all my really important files worth all tha $$$", if you see what I mean. At least take out an ad in the public notices directed toward the person, and see what happenes.	ubergeek85 (131)
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