Mum and Dad have sent more legal letters, one of which I am not permitted to show you at this point, the other I will post on this page with my response. Both legal letters and my responses have been supplied to police for my safety so as they can monitor the escalation of this domestic abuse situation.
It has been nearly six weeks and still no response to my last legal emails. Despite asking for mediation on the matter they have still not taken this opportunity to resolve this situation. How long does it take to say “Yes, we want this matter over with we will mediate”. I should have had their reply in 48 hours. During this whole process they have made the decision to escalate rather then resolve. All their offers were designed to confuse and misrepresent the value of the assets. They didn’t include all assets in their offers, they under valued assets, they refused to let assets be valued, they held assets belonging to Elson Apiaries, and there was manipulation and coercion trying to convince me I should just give them these assets. But never have they identified from the list of assets I first supplied, which one’s they believe are not the property of Elson Apiaries and which assets are shared. When I first clarified what Mum and Dad had agreed to in their earlier emails, that is when they stopped all communication and insisted I go through lawyers.
Despite listing all the assets individually so as to make it easy for them to identify what assets they believe are theirs’s, the result is the same just more confusion. But the cracks are starting to show in their lies. They have now agreed that they don’t own the aluminum tray and trailer parts or the hot water system and pump. This is done by sneaking them into a list of assets they claim I have not picked up in a timely fashion. But this same letter is the first time Mum and Dad have given permission to pickup these assets. Claiming that they are unaware of a large aluminum tray right beside their gate they regularly walk through. This is how a Sociopath hides their lies. Despite writing there are no other assets belonging to Elson Apiaries there are now assets belonging to Elson Apiaries, that they were withholding and claiming as theirs to stop police helping me.
“We do not agree with the statements in your email 3/12/2021. We have returned the items that was agreed on as being yours. There are no further items of Elson Apiaries on this property (other than the above stated shipping containers and side tray). This is the last email we will be sending on this matter. From this end, the emails sent detailing our financial explanation and the stated amount you owe us still stands as is.“
The side tray refers to the curtain sider.
This is just the tip of their lies, as every asset is proven to be rightfully the property of Elson Apiaries the extent of their lies will be revealed. This will show the truth in what I have written from the start and in all I have written.
Despite listing every asset individually this letter only accounts for 3 of the invoiced amounts. They are not acknowledging the other invoices just claiming them as theirs. This is what started the whole situation and they are still doing it. Mum and Dad are aware the assets are the property of Elson apiaries and have acknowledged such in their earlier emails.
What this letter actually says is we will take everything, you will get nothing, and we are doing you a favour. This is done with lies, manipulation, threats, coercion, devaluing assets, not including assets, including a personal matter that I am not permitted to talk about, all to confuse the situation and gain a financial advantage. They are deliberately dragging out this simple matter hoping I will not be able to deal with it mentally or financially and have to give up. This is to be expected as it is a common strategy used by Sociopath’s and Narcissist’s, they exhaust you until you can not take anymore. This is one of the reasons they are deemed dangerous to society.
MUM AND DADS LEGAL EMAIL
Contact Person: Jason Papoutsis
Direct e-mail: ##########@PottsLawyers.com.au
Our Ref: CAD:JPP:2200032
Your Ref: N/A
Reply to: Gold Coast Office
BRISBANE GOLD COAST
420 GEORGE STREET BRISBANE 4000 TEL – (07) 3221 4999 44 DAVENPORT STREET, SOUTHPORT 4215 TEL – (07) 5532 3133
PO BOX 12583 GEORGE STREET BRISBANE 4003 FAX – (07) 3221 4488 PO BOX 455 SOUTHPORT 4215 FAX – (07) 5564 0148
POTTS LAWYERS PTY LTD ACN 134 478 194 www.pottslawyers.com.au
Individual liability limited by a scheme approved under professional standards legislation (personal injury work exempted).
BY EMAIL ONLY: ####################
Edward Elson
####################
####################
WITHOUT PREJUDICE
4 February 2022
Dear Mr Elson,
Matter: Our Clients David Elson and Selma Elson
Re: Dispute Regarding Chattels
We act for David Elson and Selma Elson (collectively, “our clients”) and refer to your letter of demand
dated 23 December 2021.
Preliminary Matters
- We refer to our letter of today’s date in relation to your recent threatening behaviour and the
defamatory publications made in relation to our clients. - In that letter, we confirmed that:
a. You should not communicate with our clients directly or cause others to communicate with
them on your behalf, whether directly or indirectly, in person, electronically, or in writing;
and
b. You should not attend our client’s property at 177 Station Road in Bethania QLD 4205. - In the event that you attempt to contact or cause others to contact our clients, or attend our
clients’ property, our clients will have no choice but to take further lawful action against you.
Dispute over Chattels
Chattels Which You Own & Need to Collect - We are instructed that our clients allowed you to store chattels at their property free of charge.
- We are further instructed that it was previously agreed that you collect the following chattels from
our client’s property:
a. 3 shipping containers;
b. Curtain side tray body;
c. Old hot water system and heat pump; and
d. Ute tray and parts (you will need to advise where these are located). - Ultimately you failed to collect the chattels listed above, and due to your concerning behaviour, your
permission to access our clients’ property has hereby been revoked. - These chattels should be removed at your expense using removalists at a date and time agreed
between the parties. - In the event that the parties do not reach an agreement on the removal of your chattels in a timely
manner, our clients will have no choice but to begin charging a storage fee for your continued
storage of chattels on their property. We trust this will not be necessary and that the parties will
come to an agreement on this issue without further delay.
Without Prejudice Offer of Settlement Re: Division of Jointly Owned Chattels & Repayment of Loan - We are instructed to make a without prejudice offer of settlement with respect to the division of other
chattels.
Wax Moulds & Extracting Plant - As part of that offer of settlement, our clients will reimburse you as follows for the following property
which they intend to retain as we are instructed that you no longer conduct business in the
beekeeping industry:
e. Wax Moulds (valued at $75); and
f. A full reimbursement of the payment you made for half (1/2) of the purchase and repair of
the salvaged extracting plant (being $5,350).
Forklift - We are instructed that a used forklift on the property is valued at $3,000 and that each party has a
50% share in that forklift. Accordingly, if you wish to take the forklift, our clients will require a
payment of $1,500. Alternatively, if you would like our clients to keep the forklift, they can offer you
a payment of $1,500 to purchase your 50% ownership of that chattel.
Loan - We are instructed that our clients loaned you $7,200.00 in 2020 and that, to date, you have yet to
make any repayments on this loan. Accordingly, we are instructed that any settlement between
the parties needs to reflect the monies owing to our clients. Our clients have agreed to not charge
interest on the loan amount in good faith.
Offer of Settlement - Accordingly, our clients are of the view that monies owing to them in the circumstances set out
above would be $1,755 as they will retain the wax moulds and the salvaged extracting plant (not
including the forklift). - We are therefore instructed to make the following offer of settlement in the full and final resolution
of the chattels dispute between the parties:
(a) That our clients keep the wax moulds and the salvaged extracting plant;
(b) That our clients treat the loan as being fully repaid;
(c) If you want to keep the forklift, that you pay a settlement sum of $3,255 to our clients.
Alternatively, if our clients are to retain the forklift, that you pay only $255 to our clients, to
reflect you receiving instead of making a payment of $1,500 for the forklift.
(d) That the parties enter into a Deed of Release to reflect the agreement reached between the
parties, to be prepared by our office;
(e) That upon payment of the settlement sum (if you choose to purchase the forklift) you will
have fourteen (14) days to retrieve the chattels using third party removalists;
(f) That the parties forever release each other in relation to the chattels dispute; and
(g) That the parties bear their own legal costs. - We are instructed that if you do not wish to purchase our client’s share of the forklift, our clients will
agree to waive the requirement for the payment of $255. In other words, you will not have to pay
anything and they will merely require you to agree to and sign the Deed of Settlement document,
once it has been prepared. - The offer set out above is open for acceptance for fourteen (14) days after which it will expire. This
offer is made pursuant to the principles in Calderbank v Calderbank [1984] Ch 290, that is, if it is
not accepted and our client obtains an adjudication more advantageous than this offer, our client
will rely upon the terms of this letter in support of a submission you pay our client’s legal costs on
an indemnity basis. - We recommend that you obtain legal advice in relation to the matters set out herein.
- Further enquiries on this offer should be directed to: jpapoutsis@pottslawyers.com.au
Yours faithfully,
Jason Papoutsis
Senior Litigation Lawyer
POTTS LAWYERS
To make the extraction plant situation crystal clear, we spent a lot of money on an extraction plant, I spent a lot of time fabricating and installing the plant. Dad fell asleep and burnt it down and I spent a lot more time fabricating and repairing it. We both received half each of the insurance money after repairs. The same plant is valued $50,000 more to purchase now. The bottom line is always the same in any division of assets, market value at that time. Have it valued, one party agrees to buy it or it is sold and the money is split 50/50. It’s simple.
What Mum and Dad are trying to do is gain a financial advantage over Dad’s incompetence’s burning our extraction plant. To expect that I should be financially disadvantaged over Dad burning our plant is disgusting. I have excepted our plant has been devalued by Dads fire and I have not asked for any compensation over his incompetence’s. All I have asked for is what I am entitled to, fair market value for what it is now. For Mum and Dad to devalue my $41,000 share of an asset that has only increased in value, down to $5350 is sick. It shows what I have said from the start about these people, they only care for themselves and how they can gain an advantage out of any situation. They have no concept of right and wrong. Narcissist’s and Sociopaths have no empathy, therefore they can only see what is right for them and have no care for how it may affect others.
They have created this whole situation by claiming my companies assets. Before I reacted I asked Dad how he can claim assets we both paid for and his only justification was “your out of the game and it’s all mine now”. That is the exact point when I reacted, after I had confirmed he was claiming my assets and I had a right to. This is a disgusting thing to do to your son who is struggling with physical and mental disabilities. Instead of seeing a way to help he saw a way to help himself.
Mum and Dad have refused to resolve our business ethically. What they have done to my relationship with my siblings by involving them is disgusting. Despite Mum claiming she wished she could be there for me and wishing me peace, no birthday wishes from her or any of my family. This all started with the lies Mum and Dad told to gain a financial advantage in resolving our business assets. All our conversations are in black and white and there is nothing to suggest I am dangerous or threatening. And if you research what I have written you will see that I am neither crazy or delusional as they are claiming, just more educated on these topics.
At this point no-one can argue that any family consideration is out the window. I am owed market value as in any business division, not a cent more and not a cent less. It is not complicated and there are guidelines they need to follow. It doesn’t involve family, it doesn’t involve lying and it doesn’t involve turning your back on another son.
MY EMAIL OF REPLY
Contact Person: Edward Elson
Direct e-mail: ################
Our Ref: EE008
Your Ref: CAD:JPP:2200032
BY EMAIL; #############@pottslawyers.com.au
Jason Papoutsis
Potts Lawyers
Gold Coast office
11/02/2022
Matter: Elson Apiaries v David and Selma Kay Elson trading as DJ & SK Elson
Re: Withholding of Assets
Dear Mr Papoutsis,
I am representing Elson Apiaries Pty ltd and refer to your email dated 4 February 2022.
Preliminary Matters (Email: Request for No Contact & Your Publications)
- This Matter is Elson Apiaries Pty ltd v David and Selma Kay Elson trading as DJ & SK Elson.
These are two separate matter and they should not be confused.
Previous correspondence
- Your clients failed to respond in a timely manner and have received further correspondence in this matter on 31 January 2022, making your reply on the 4 February 2022 irrelevant to the matter as it stands. I have forwarded a copy of this email for your attention.
Assets Invoiced
- Elson Apiaries have exhaustedly tried to resolve this matter and your clients have deliberately prevented this from happening.
- Your clients have prevent the collection of assets owned by Elson Apiaries and have claimed ownership of some of these assets in writing.
- Your clients have undervalued assets that are owned 50/50 by Elson Apiaries and DJ & SK Elson and have prevented access to have these assets valued.
- Your clients have declined the offer to sell these assets.
- Elson Apiaries have now invoiced your clients for these assets. Invoices have been done individually as to clear up any confusion your clients may have over what assets are the sole
property of Elson Apiaries and what property is owned collectively.
Options
- Your clients have until the 14 February 2022 to either pay the invoiced amounts, reply in writing that they do not wish to purchase these items and that they will allow Elson Apiaries
contractors to collect, reply in writing that they agree to sell the items and divide any money received 50/50, or choose to dispute these invoices. - Any invoices that are not settled by 14 February 2022 do have an interest charge attracted to it and your clients should be made aware of this. Any invoice that is found to be true and
correct will have this interest charge included.
Further Information - As with the division of any shared business assets Elson Apiaries has offered your clients the options to either purchase their portion of the asset (50%) at market value or sell the asset
and divide all monies 50/50. Your clients have refused both options. - Elson Apiaries does not wish to purchase the forklift. The options available for your clients here is to either purchase the forklift at the invoiced amount, or service and repair the
forklift back to the condition it was left to them and then we will sell it and split all monies received 50/50. - Your clients have agreed to sell the Gerni (in good working order) to Elson Apiaries for $800 and they would like to be given written permission to collect it.
- Your clients have property positioned around the assets that they have given permission for Elson Apiaries to collect. This property is preventing the collection of these assets. I again ask
that your clients move their property and allow access for Elson Apiaries contractors to collect these assets. Elson Apiaries will take no responsibility for any cost incurred or damages that may occur in moving property belonging to your clients for the collection of their assets. - To prevent any further unnecessary cost to Elson Apiaries, the assets your clients have given permission to collect will be removed after 14 February 2022 when your clients have
identified all assets they do not wish to purchase, and given written permission to collect.
Your clients have still not indicated that there is clear access for contractors to collect Elson Apiaries assets. - In the event that your clients continue to prevent the removal of asset an interest charge equivalent to the value of the assets will be charged.
Response- Your without prejudice offer to settle
- Elson Apiaries has accepted the offer for the wax moulds and that is reflected in the invoicing.
- Elson Apiaries does not accept the offer on the extraction plant;
.This offer does not reflect the months of repair and fabrication work that was put into salvaging the extraction plant, that your clients were not involved in.
.This offer does not reflect the fact that the extraction plant was brought back to food grade standard, and that an average person would not know it had been through a fire.
.This offer does not reflect the market value of the extraction plant. . This offer does not reflect the fact that your client was directly responsible for a fire that burnt the extraction plant in the first place.
- The loan; All monies have been applied to the avant invoice and this amount is now a credit to your clients in Elson Apiaries. This is reflected on the invoicing.
Request
- Again Elson Apiaries is requesting that permission is granted to have the disputed assets valued by a third party of its choosing. Your clients are welcome to do their own evaluation.
Your clients should insure assets are in clean and presentable fashion at the time of valuation. - Your clients have acted with unconscionable conduct in relation to the purchase of these asset. As your clients are aware the sole director of Elson Apiaries is a physically and mentally disabled person that suffers autism, depression, anxiety and PTSD in relation to your clients. Your client’s have been unreasonable, misleading, manipulative, and coercive, in
an attempt to gain financial advantage. Your clients have used their knowledge of the Queensland legal systems and is using legal systems abuse, they have displayed their
willingness to use family violence in this matter with a repertoire of coercive and controlling behaviours. Their manipulation and coercion is evident in their emails and is for the purpose of gaining financial advantage, they have used property law to prevent Elson Apiaries from accessing and retrieving assets, they have made false statements to the Beenleigh police about the director of Elson Apiaries, and have started Vexatious litigation against the director.
This has all come from their desire to purchase these assets at below market value. Section 21 of the Completion and Consumer Act (Cth) makes it unlawful for your clients to engage in conduct that is unconscionable in the provision of, or acquisition or possible acquisition of, goods or services in the course of trade or commerce. Therefore your clients are asked to cease these actions immediately. Elson Apiaries reserves the right to peruse this matter and further lawful action.
Offer to Mediate. - These assets are indisputably the property of Elson Apiaries and your clients have admitted to that in their emails. Your clients unconscionable actions have taken a serious toll on the
director of Elson Apiaries personally. He wishes to resolve this matter as quick as possible for his health and well-being. There for I ask that your clients either agree to purchase the
assets at the invoiced amount, or return the assets owned by Elson Apiaries and agree to sell the remanding assets and divide the monies 50/50, or agree to mediation on this matter. It is requested that either no cost or low cost mediation services are used so there can be no disadvantage to Elson Apiaries or further legal systems abuse.
Yours Faithfully
Edward Elson
This is the time for Mum and Dad to show what they are really trying to achieve out of all of this. If what they are saying is true they should want this over with as soon as possible. If like Mum and Dad say they are scared, they think I am dangerous, they wish me peace and want what is best for my mental health, they will take this opportunity to resolve this matter with an independent mediator who can advise both parties.