Need help FAST!sold tires..kid wants $$ back
12-10-2007, 09:33 PM
#61
[Quote deleted by aviator original post deep six-ed by corey (what a tag team!)]
wow, nothing to add there.
May want to change that before mods yank your post and your account smart guy.
wow, nothing to add there.
May want to change that before mods yank your post and your account smart guy.
Last edited by aviator; 12-11-2007 at 06:33 AM.
12-10-2007, 09:53 PM
#62
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THe above facts seam pretty solid, i doubt they would have a court case worth hearing. Plus just the costs wouldn't be worth 300 dollars. You can either let the police deal with it or call them up and tell them non threatening that they have brought it too far, they kid bought them knowing full well the "damage" and that you have already been overly fair so if they continue to harass you youll have to call the cops.Or get the dad to come over and bring him out back and 
wamoo
wamoo
12-10-2007, 10:38 PM
#63
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Did you save the message? Call the police and file a report of harassment and threats...
Really, it sounds like an as-is sale. How can you be expected to warranty a tire.
Really, it sounds like an as-is sale. How can you be expected to warranty a tire.
12-10-2007, 11:24 PM
#64
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but tacoma, when you get a chance talk to the parents, explain to them there kids bein a wussy and wont own up to his mistake to his own parents, you explained the condition of the tire, and that it was a sell "as is".
if anything they need to groudn this kid for being a complete dum and needs to grow up some.
Last edited by aviator; 12-11-2007 at 06:33 AM.
12-11-2007, 04:13 AM
#66
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just tell the mom it was their responsibility to check to see what their son was buying for the dads vehicle. if they didnt check out what they paid for, just forked the money over, then thats their problem. id say that politely, then tell them you will notify the cops of harrassment if they keep on calling or texting you.
12-11-2007, 04:40 AM
#67
I agree with documenting all this and letting the cops know i.e. "harassment." Mainly because if it escalates (Dad shows up with baseball bat) you will have a leg to stand on. Also, stop corresponding/talking to them -- all it does is encourage them to keep at it.
12-11-2007, 05:02 AM
#68
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They wouldn't get a dime out of me...
A private sale of used, non warrantied merchandise isn't any kind of a contractual sale anyway. they bought used goods with the understanding that they knew what they were buying and paid for them. The sale is over, and you're under no legal obligation to give them anything back at all.
Just tell them that the money is already spent and they just need to run an ad and sell the tires themselves now.
A private sale of used, non warrantied merchandise isn't any kind of a contractual sale anyway. they bought used goods with the understanding that they knew what they were buying and paid for them. The sale is over, and you're under no legal obligation to give them anything back at all.
Just tell them that the money is already spent and they just need to run an ad and sell the tires themselves now.
12-11-2007, 05:24 AM
#69
They wouldn't get a dime out of me...
A private sale of used, non warrantied merchandise isn't any kind of a contractual sale anyway. they bought used goods with the understanding that they knew what they were buying and paid for them. The sale is over, and you're under no legal obligation to give them anything back at all.
Just tell them that the money is already spent and they just need to run an ad and sell the tires themselves now.
A private sale of used, non warrantied merchandise isn't any kind of a contractual sale anyway. they bought used goods with the understanding that they knew what they were buying and paid for them. The sale is over, and you're under no legal obligation to give them anything back at all.
Just tell them that the money is already spent and they just need to run an ad and sell the tires themselves now.
12-11-2007, 05:33 AM
#70
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Hey man.. just my 2 cents.. i deal with sales contracts in my cubi-hell every day. I'm not a lawyer but but here's what I'd recommend because it looks like these folks are a PITA and probably will threaten to if not actually sue. Remember, that in criminal court the burden of proof falls on the prosecution, but in civil court the burden of proof falls on the defense.
1- File a restraining order against the kid, mom, & dad AS SOON AS POSSIBLE. I assume he picked these up from your home. File it now & if the punk tries any cowardly acts of vandalism you'll have recourse AND they won't be able to just show-up demanding any money.
2- Document Everything. Calls, Texts, VM, in person conversations (tape or digitally record if possible). Get an itemized bill from your phone provider & make notes next to each occurance. Notate each conversation, not just what they say but what you say.
3- Get the timeline down. Everything from the first time he called you about them until today. Emphasize the 2 weeks they had the tires before they gave you the money. If you can get them on a recording acknowledging this you win because this is a huge point. They had 2 weeks to "review/evaluate the merchandise".
4- Get a quote in writing from ANY shop that would mount them, make sure the written quote acknowledges the ripped beads. Tell the shop why & what you want the quote for. Good place to start is where ever you had them mounted. I think this would be your ace in the hole. You can provide it to them, or to the judge.
5- The next time you speak to them, politely tell them it will be the last time you respond to their "harrassment", use the word. Highlight the lil' tidbit about the Insurance and tell the mom about this. Anything they do to initiate contact after that is pure harrassment and more ammunition should you need it for #6....
6- If they sue, counter sue. Calculate a figure based on how much time you've spent dealing with them, use your jobs wages on an hourly basis, then double it. It'll probably be more than $300 the threat alone should cause them to drop it. Stick with the facts, with your documentation of the harrassment, restraining order, and good-faith mounting estimate, you'll have more than enough back-up to bluff them or win.
The details are key, make sure your notes are impartial and detailed.
Good luck with these knuckleheads.
1- File a restraining order against the kid, mom, & dad AS SOON AS POSSIBLE. I assume he picked these up from your home. File it now & if the punk tries any cowardly acts of vandalism you'll have recourse AND they won't be able to just show-up demanding any money.
2- Document Everything. Calls, Texts, VM, in person conversations (tape or digitally record if possible). Get an itemized bill from your phone provider & make notes next to each occurance. Notate each conversation, not just what they say but what you say.
3- Get the timeline down. Everything from the first time he called you about them until today. Emphasize the 2 weeks they had the tires before they gave you the money. If you can get them on a recording acknowledging this you win because this is a huge point. They had 2 weeks to "review/evaluate the merchandise".
4- Get a quote in writing from ANY shop that would mount them, make sure the written quote acknowledges the ripped beads. Tell the shop why & what you want the quote for. Good place to start is where ever you had them mounted. I think this would be your ace in the hole. You can provide it to them, or to the judge.
5- The next time you speak to them, politely tell them it will be the last time you respond to their "harrassment", use the word. Highlight the lil' tidbit about the Insurance and tell the mom about this. Anything they do to initiate contact after that is pure harrassment and more ammunition should you need it for #6....
6- If they sue, counter sue. Calculate a figure based on how much time you've spent dealing with them, use your jobs wages on an hourly basis, then double it. It'll probably be more than $300 the threat alone should cause them to drop it. Stick with the facts, with your documentation of the harrassment, restraining order, and good-faith mounting estimate, you'll have more than enough back-up to bluff them or win.
The details are key, make sure your notes are impartial and detailed.
Good luck with these knuckleheads.
12-11-2007, 06:39 AM
#71
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Gentlemen lets keep the language PG on this one....
Definitely bump VAfish's post... get that restraining order and timeline/documentation started...
remember you have done nothing wrong here and are on the side of the angels on this one... next time just remember "get it in writing" make the buyer sign a document stating all defects and condition(s) and get it witnessed by a disinterested third party ie your neighbour...
Definitely bump VAfish's post... get that restraining order and timeline/documentation started...
remember you have done nothing wrong here and are on the side of the angels on this one... next time just remember "get it in writing" make the buyer sign a document stating all defects and condition(s) and get it witnessed by a disinterested third party ie your neighbour...
12-11-2007, 07:59 AM
#72
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VAfish...your points are great! Just a side note..He actually doesnt know where i Live. I took the tires TO his house. Second, if I were to countersue...they would be paying out of the ass because I make $300 a night. Thats for 4 hours of work...so you can do the math.
12-11-2007, 08:33 AM
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I only work 3 nights a week haha, 12 hours and $900
12-11-2007, 08:57 AM
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1. file a police report
2. The next time you get a phone call/text tell them they are going to be paying your phone bill.
3. After telling them to pay for the phone bill stop answering there calls and texts.
4. I am willing to bet they wont pursue any kind of legal business
If i was him my dad would laugh at me tell me im a dumb A** lol
they are at the wrong not you.
2. The next time you get a phone call/text tell them they are going to be paying your phone bill.
3. After telling them to pay for the phone bill stop answering there calls and texts.
4. I am willing to bet they wont pursue any kind of legal business
If i was him my dad would laugh at me tell me im a dumb A** lol
they are at the wrong not you.
12-11-2007, 09:53 AM
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Hey bud... A civil suit, counter or otherwise, should be your last resort, and you can ask for however much you want. It's the judges call. Hopefully it won't get that far, as I seriously doubt you'd recoup in cash your loss of time.
If you are at all concerned, file the restraining order. It's free & it'll keep them from harrassing you, protect you & your property, set a precedence, and provide documentation should you be unfortunate enough to find yourself the target of civil ligitation. At that point their ONLY recourse will be to take you to court.
If that happens, you have plenty of advice on what to do.
Good luck
If you are at all concerned, file the restraining order. It's free & it'll keep them from harrassing you, protect you & your property, set a precedence, and provide documentation should you be unfortunate enough to find yourself the target of civil ligitation. At that point their ONLY recourse will be to take you to court.
If that happens, you have plenty of advice on what to do.
Good luck
