Help....legal advice
Jul 19, 2005 at 1:45 AM Thread Starter Post #1 of 24

skullguise

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Hi Head-Fi'ers. I need some thoughts or advice on how to handle a situation. I paid for some DIY equipment from a gent in Canada. It was supposed to be sent to me in January.

Well, one thing led to another, and a LOT of emails and excuses back and forth. No equipment, as of early May. FINALY, I get it in the middle of May or thereabouts. Problem is, packing was not good, and equipment was damaged. I know squat about fixing, so builder had me send the equipment back, promising "one day turnaround." That was two months ago. I still don't have the repaired equipment. I was even told on June 6th or thereabouts that it would ship that following Friday. Since then, NO word.

So my question is, what can I do about this legally? It's time to move this to another level. I'm tired of the excuses, and have asked for a refund (heck, I should charge interest!). I cannot accept this equipment anymore, knowing if something goes wrong, the builder will not be able to reasonably support it.

Any thoughts, opinions, advice, etc. are appreciated. Can the Canadian Postal Service get involved? Do US Courts (I'm thinking small claims, I have over $1500US invested) cover Canadian citizens? Other options?

Many thanks,

Todd - Skullguise.
 
Jul 19, 2005 at 1:49 AM Post #2 of 24
That's where I was thinking the problem was going to be, different countrie.
When you got the speakers first, you should have claimed insurance knowing that he's not a reliable seller.
 
Jul 19, 2005 at 1:55 AM Post #3 of 24
Thanks, but two things:

- It was an amp, not speakers (I didn't want to get too detailed, some people here know this person)
- I thought of insurance; but one look at the packing, and they (rightfully so) would have backed off paying.

frown.gif
 
Jul 19, 2005 at 2:02 AM Post #4 of 24
f-that out that mofo. S4it like that can not be tolerated on this board.
 
Jul 19, 2005 at 2:24 AM Post #5 of 24
Maybe in due time, bundee1, but not right now. I'm still trying to deal with this reasonably, I don't want him harassed.

I think his intentions are good, just not the priorities. But at this stage, like I said, I just want the money back. I know this allows me to be tread upon to some extent, but I'm willing to give the benefit of the doubt one last time. Working something legal up is the way I want to go, maybe that will prioritize him into action. I don't believe in screwing him over; two wrongs don't make a right.

Of course, that may change if I still don't hear from him soon
icon10.gif
 
Jul 19, 2005 at 2:45 AM Post #6 of 24
the "royal cananadian mounted po-po" deal quite well with fraud. give em a ring/email to sort things out.

your credit card company may also be of service to you in this mater.

sadly records of when stuff crossed a border are often terrible, that may be the deciding factor.

best of luck to you on this.
 
Jul 19, 2005 at 2:53 AM Post #7 of 24
Talk to a lawyer (my real advice ends there), and see if they'll write a nastygram. Often, that's all it takes to get the lead out.

However, talk to a lawyer if you are serious about this sort of business.
 
Jul 19, 2005 at 2:55 AM Post #8 of 24
Quote:

Originally Posted by PSmith08
Talk to a lawyer (my real advice ends there), and see if they'll write a nastygram. Often, that's all it takes to get the lead out.

However, talk to a lawyer if you are serious about this sort of business.




nastygram=nasty letter? lol. Threat letter?
 
Jul 19, 2005 at 2:55 AM Post #9 of 24
Quote:

Originally Posted by nikongod
the "royal cananadian mounted po-po" deal quite well with fraud. give em a ring/email to sort things out.
.



To bring the fraudulent scenario in you must have evidence of some sort of criminal intent.....it's a long shot....a very long one.

Amicalement
 
Jul 19, 2005 at 5:16 AM Post #11 of 24
I think I remember reading something similar in an earlier thread. Same guy?
 
Jul 19, 2005 at 5:22 AM Post #12 of 24
Quote:

Originally Posted by DaHoboFest
nastygram=nasty letter? lol. Threat letter?


Just a letter restating the client's demands in a rather severe lawyer-ly tone, along with a willingness to pursue the matter in the courts. A "severe lawyer-ly tone" can sound pretty nasty if you're not expecting it.

Try not paying your electric bill for a while. The second notice will probably be a pretty good example of a legalese nastygram.
 
Jul 19, 2005 at 5:26 AM Post #13 of 24
Something like

"We know you are busy and sometimes you can forget to fulfill your obligations but society is crumbling because of your failure to deliver this product. Do you like disappointing your parents with your lack of a conscience? The baby Jesus weeps at the mention of your name. All of this can be rectified by your prompt attention to this matter.
Thank you."
 
Jul 19, 2005 at 5:35 AM Post #14 of 24
Yes, but remember:

"We would appreciate your prompt attention to this matter. However, in the event that you continue your behavior, we will not hesitate to involve the courts. We think you agree that such action is unnecessary. By the way, we have called your parents. Your mother couldn't stop crying. What do you think about that? Your mother crying over this."
rolleyes.gif


Seriously, though: just call a lawyer. They go to school for three years and take a long test for just this sort of matter.
 
Jul 19, 2005 at 5:46 AM Post #15 of 24
okay I just stumbled on to this thread. I would suggest leaving feedback on headfi. For all other headfiers to see in the meant time.

I pretty much have a good idea of who it is.

Leave feedback.

That's the problem when you have nice custom built chassis with your own name on it.....
 

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