how do you think I legaly stand

Message

basshole · #11 Unread post by **basshole** » Tue Feb 28, 2006 8:18 am

Oral contracts are very difficult to enforce. How did he pay by check? If so, where their any memos written in the memo section? Also, since he hasn't made a payment in quite sometime, I would say he has breeched the contract. Did he ever provide shipping instrcutions?

The549 · #12 Unread post by **The549** » Tue Feb 28, 2006 10:11 am

Refund less storage fees. You decide storage fees.

CNF2002 · #13 Unread post by **CNF2002** » Tue Feb 28, 2006 11:05 am

Sure, storage fee $2,500...send him a bill for $500

.

Charging him 'storage fees' is a little too greedy-corporate-like for my tastes. Just give him back the money and sell your bike to someone who has the cash upfront.

Britjoe · #14 Unread post by **Britjoe** » Tue Feb 28, 2006 11:18 am

I sorted all the shipping out boxed the bike, after draining all fluids and removed the battery he told me to hold off, then I emailed him and he told me he didnt think it would cost that much, $700 estimate.
then he said he would price it, in the mean time I moved house, I couldnt transport the bike in a crate so I had to put it back together, uncrate it, and put the front wheel back on. the crate materials were no good after I had to destroy the crate getting it apart, after several attempts at getting this bike out of my life a few promises on his behalf Ive still got the bike in my garage, in total since he started paying for this bike its been nearly three years... And Im feeling guilty if I sell it.

Sev · #15 Unread post by **Sev** » Tue Feb 28, 2006 12:39 pm

It sounds to me like you've done everything that you can. Tell you what, I'll give you $50 for the bike

I mean, I know someone has already given you $2000 for it, think of it as me paying $2050

I can pick it up soon as the snow melts

No?

Worth a shot.

basshole · #16 Unread post by **basshole** » Tue Feb 28, 2006 1:34 pm

I think it's totally bizarre this guy has disappeared off the face of the earth. And for everyone who wants to refund the guys money, I'm sure if Britjoe was able to have gotten ahold of him, he would have already discussed that point with him. I mean I feel for the guy who's been paying for the bike but if ya don't know where the guy is there's not alot you can do. Hell the guy could be locked up in prison for life for all we know.

Tue Feb 28, 2006 2:17 pm

you need to send a registered letter to him advising that you are going to sell it if he dont get off the pot.if letter comes back addressee unknown save letter for future court appearance.

NorthernPete · Tue Feb 28, 2006 2:44 pm

Next...on the Peoples Court....

d2mini · #19 Unread post by **d2mini** » Tue Feb 28, 2006 4:38 pm

I would't just return the cash. If i did return it I would try to make sure you have legal records that you did return it. Like sending a bank check by certified mail requesting his signature. You could even write up a cancellation of contract of sorts stating why you are returning it and having it notorized.
Of course i would be pissed for wasting my time and would want some kind of compensation for having to go thru all this, like a percentage of the sale. Like a restocking fee.

Shiv · #20 Unread post by **Shiv** » Tue Feb 28, 2006 5:15 pm

Blah I'd go to a lawyer and see what they say you can do.

See if you can't write like an official letter declaring that if he makes no response you will keep the money and the deal is canceled.

And have your lawyer write it so it has all the legal speech and what not in it.