Buffan00 Posted December 10, 2008 Share Posted December 10, 2008 So, im on craigslist and respond to an ad for a 7" dvd system for my van. It was 150$ and the ad said worked great! So i meet this guy, pay him 150 and go to the audio center for install and they say its fried!! So I then have to pay them 75 MORE dollars to put my old one back in to the car! I call the guy back and he says the ad stated "as-is" in it so he was NOT going to pay me back! Am I out here? Do I have ANY rights? Is small claims court a possibility?? He told me to never call him, but to contact his lawyer and he gave me the #. What do you guys think?? What should I do, eat it and resign to the fact I was ROBBED!! Link to comment Share on other sites More sharing options...
Tortured Soul Posted December 10, 2008 Share Posted December 10, 2008 I have my contracts final Monday. You have a valid claim. Just because the ad says "as is" doesn't override his other claim that it works great. His failure to live up to that condition still qualifies as breach of contract. A reasonable understanding of the two terms together would be the player works but may contain a scratch here and there. Law school!!!!! Link to comment Share on other sites More sharing options...
erynthered Posted December 10, 2008 Share Posted December 10, 2008 I'd SHIV the Mo Fo!! Link to comment Share on other sites More sharing options...
The Dean Posted December 10, 2008 Share Posted December 10, 2008 I'd SHIV the Mo Fo!! Damn, beat me to it. Link to comment Share on other sites More sharing options...
KD in CA Posted December 10, 2008 Share Posted December 10, 2008 I'd SHIV the Mo Fo!! Clearly this is option one. Then take his estate to small claims court. Then, don't buy crap on Craigs list anymore. Link to comment Share on other sites More sharing options...
erynthered Posted December 10, 2008 Share Posted December 10, 2008 Damn, beat me to it. I loved the line so much, I stole it!! Link to comment Share on other sites More sharing options...
Steely Dan Posted December 10, 2008 Share Posted December 10, 2008 I have my contracts final Monday. You have a valid claim. Just because the ad says "as is" doesn't override his other claim that it works great. His failure to live up to that condition still qualifies as breach of contract. A reasonable understanding of the two terms together would be the player works but may contain a scratch here and there. Law school!!!!! This call his lawyer stuff is just a bluff. He's trying to scare you. He's full of crap if he thinks he can win. Take him to court. "As Is" without expressly stating in the ad that it doesn't work at all is fraud. A buyer has a right to believe that it will be in working order. Hiding a material fact is not overridden by "As is". Screw calling his lawyer take him to small claims court. My legal advice is courtesy of Peoples Court. The guy is banking on your not wanting to take him to court over $225.00 I'd do it just for the satisfaction. Also, report him to Craigslist. I hope you have a copy of the ad from Craigslist. I wonder if they'll be able to send you a copy if you don't and the ad is taken down already. Link to comment Share on other sites More sharing options...
tennesseeboy Posted December 10, 2008 Share Posted December 10, 2008 I think shivving the mo fo is the best advice. Fees, a day off work, and going before some town justice who doesn't give a sh-- is hardly worth the aggravation. The ad says "as is" and all you have for certain is some garage guy who probably won't come to court who will sign some affidavit saying it was "fried" (whatever that means). You are going to put 800 worth of headache into a minor ripoff... Shiv him and be done with it. Link to comment Share on other sites More sharing options...
John Adams Posted December 10, 2008 Share Posted December 10, 2008 So, im on craigslist and respond to an ad for a 7" dvd system for my van. It was 150$ and the ad said worked great! So i meet this guy, pay him 150 and go to the audio center for install and they say its fried!! So I then have to pay them 75 MORE dollars to put my old one back in to the car! I call the guy back and he says the ad stated "as-is" in it so he was NOT going to pay me back! Am I out here? Do I have ANY rights? Is small claims court a possibility?? He told me to never call him, but to contact his lawyer and he gave me the #. What do you guys think?? What should I do, eat it and resign to the fact I was ROBBED!! Call him anyways. Don't bother with his lawyer. Tortured Soul summed up your rights but they don't mean much. You'll never hire a lawyer. If he doesn't cave and you want your pound of flesh, go to small claims court, but you will need his name and addy. Link to comment Share on other sites More sharing options...
taterhill Posted December 10, 2008 Share Posted December 10, 2008 post his number here....lets have some fun with the guy Link to comment Share on other sites More sharing options...
buffaloboyinATL Posted December 10, 2008 Share Posted December 10, 2008 Call him anyways. Don't bother with his lawyer. Tortured Soul summed up your rights but they don't mean much. You'll never hire a lawyer. If he doesn't cave and you want your pound of flesh, go to small claims court, but you will need his name and addy. Also, feel free to share his number here as well. I am sure many of us would be willing to place calls on your behalf as well. If he is at all attached to his current phone number he would not want to change it just to avoid you and your faithful supporters. Link to comment Share on other sites More sharing options...
MattyT Posted December 10, 2008 Share Posted December 10, 2008 I have my contracts final Monday. You have a valid claim. Just because the ad says "as is" doesn't override his other claim that it works great. His failure to live up to that condition still qualifies as breach of contract. A reasonable understanding of the two terms together would be the player works but may contain a scratch here and there. Law school!!!!! Sounds great, but how much more is he going to end up paying to recoup his $150? Link to comment Share on other sites More sharing options...
RayFinkle Posted December 10, 2008 Share Posted December 10, 2008 So, im on craigslist and respond to an ad for a 7" dvd system for my van. It was 150$ and the ad said worked great! Did he say "worked great!" or "works great!"? Link to comment Share on other sites More sharing options...
Steely Dan Posted December 10, 2008 Share Posted December 10, 2008 Call him anyways. Don't bother with his lawyer. Tortured Soul summed up your rights but they don't mean much. You'll never hire a lawyer. If he doesn't cave and you want your pound of flesh, go to small claims court, but you will need his name and addy. BTW, you will need a statement from the installer because his defense is going to be that the installer fried it. Also whip him off an email about it. You can use his response in court. post his number here....lets have some fun with the guy I don't pay long distance charges I'm in. Also, feel free to share his number here as well. I am sure many of us would be willing to place calls on your behalf as well. If he is at all attached to his current phone number he would not want to change it just to avoid you and your faithful supporters. Once again, I'm on board. Sounds great, but how much more is he going to end up paying to recoup his $150? To me it would be about principle. This guy is a sheister and needs to be given his just deserts. Court costs are paid by the loser. Link to comment Share on other sites More sharing options...
Steely Dan Posted December 10, 2008 Share Posted December 10, 2008 Did he say "worked great!" or "works great!"? I don't believe that matters at all. Link to comment Share on other sites More sharing options...
RayFinkle Posted December 10, 2008 Share Posted December 10, 2008 I don't believe that matters at all. You're right. Either way I'm not giving him his $150 back. Link to comment Share on other sites More sharing options...
PastaJoe Posted December 10, 2008 Share Posted December 10, 2008 Did he say "worked great!" or "works great!"? I think that's the key. If it said "worked great", the guy could claim he figured someone could buy it and repair it. Past tense is past tense. Link to comment Share on other sites More sharing options...
inkman Posted December 10, 2008 Share Posted December 10, 2008 Damn, beat him with it. Fixed Link to comment Share on other sites More sharing options...
Tortured Soul Posted December 10, 2008 Share Posted December 10, 2008 Sounds great, but how much more is he going to end up paying to recoup his $150? They didn't teach us that yet. Link to comment Share on other sites More sharing options...
BUFFALOTONE Posted December 10, 2008 Share Posted December 10, 2008 post his number here....lets have some fun with the guy beat me too it Link to comment Share on other sites More sharing options...
Joe Miner Posted December 10, 2008 Share Posted December 10, 2008 Here Then, don't buy crap on Craigs list anymore. Precisely Link to comment Share on other sites More sharing options...
Fezmid Posted December 10, 2008 Share Posted December 10, 2008 Sounds great, but how much more is he going to end up paying to recoup his $150? Nothing -- if he wins in small claims court. And it only costs about $20 to file. Yes, you'll need his address, but that's it. Filing in small claims court is really easy too. Just go down, fill out a sheet of paper, and get a court date. If he doesn't show, you win. If he does, the judge hears the case (think "People's Court" - very similar) and makes a decision (usually not that day - you hear the result in the mail). I'd send an email and see what happens. Getting a statement from the installer who said it was fried is a great idea too, in case it goes to court so you can give that to the judge. I've been to small claims court once (landlord didn't return a security deposit -- I've posted the story here before) -- it's actually kinda fun when you know that you're 100% right. Link to comment Share on other sites More sharing options...
Gisele Posted December 10, 2008 Share Posted December 10, 2008 Nothing -- if he wins in small claims court. And it only costs about $20 to file. Yes, you'll need his address, but that's it. Filing in small claims court is really easy too. Just go down, fill out a sheet of paper, and get a court date. If he doesn't show, you win. If he does, the judge hears the case (think "People's Court" - very similar) and makes a decision (usually not that day - you hear the result in the mail). I'd send an email and see what happens. Getting a statement from the installer who said it was fried is a great idea too, in case it goes to court so you can give that to the judge. I've been to small claims court once (landlord didn't return a security deposit -- I've posted the story here before) -- it's actually kinda fun when you know that you're 100% right. I would send him a certified letter with your intentions. If you continue to call him he can take out charges against you for harrassment. Keep his information forever. Revenge is a dish best served cold. Link to comment Share on other sites More sharing options...
Steely Dan Posted December 10, 2008 Share Posted December 10, 2008 Here Precisely Dude, don't add insult to injury. Nothing -- if he wins in small claims court. And it only costs about $20 to file. Yes, you'll need his address, but that's it. Filing in small claims court is really easy too. Just go down, fill out a sheet of paper, and get a court date. If he doesn't show, you win. If he does, the judge hears the case (think "People's Court" - very similar) and makes a decision (usually not that day - you hear the result in the mail). I'd send an email and see what happens. Getting a statement from the installer who said it was fried is a great idea too, in case it goes to court so you can give that to the judge. I've been to small claims court once (landlord didn't return a security deposit -- I've posted the story here before) -- it's actually kinda fun when you know that you're 100% right. Even better but probably impractical would be to get his statement notarized as well. Without the letter you're probably out of gas. Also, don't forget to bring the actual thingy. I would send him a certified letter with your intentions. If you continue to call him he can take out charges against you for harrassment. Keep his information forever. Revenge is a dish best served cold. The guy will probably bring up the lawyer again. That will make the win even more sweet. Link to comment Share on other sites More sharing options...
Kevbeau Posted December 10, 2008 Share Posted December 10, 2008 Here you go...effective, but not as good as a Shiv. Solution Link to comment Share on other sites More sharing options...
Fezmid Posted December 10, 2008 Share Posted December 10, 2008 I would send him a certified letter with your intentions. If you continue to call him he can take out charges against you for harrassment. Keep his information forever. Revenge is a dish best served cold. It's not harassment to simply ask for your money back and state that you're going to bring it to small claims court. The guy will probably bring up the lawyer again. That will make the win even more sweet. Don't say anything to the guy ahead of time, but if you do take him to small claims court, lawyers are NOT allowed. When I took my landlord to court, he had his lawyer there and I informed the judge that he wasn't allowed the talk. The lawyer tried claiming that he owned the building, judge allowed that, until I interrupted again and said that I had never heard of this guy before and had always sent all rent checks to the actual landlord's address. At that point the judge got pissed at the lawyer and basically told him to shut up and sit down. It was glorious. Link to comment Share on other sites More sharing options...
Steely Dan Posted December 10, 2008 Share Posted December 10, 2008 Here you go...effective, but not as good as a Shiv. Solution (In my best Paris Hilton) That's hot. It's not harassment to simply ask for your money back and state that you're going to bring it to small claims court. Don't say anything to the guy ahead of time, but if you do take him to small claims court, lawyers are NOT allowed. When I took my landlord to court, he had his lawyer there and I informed the judge that he wasn't allowed the talk. The lawyer tried claiming that he owned the building, judge allowed that, until I interrupted again and said that I had never heard of this guy before and had always sent all rent checks to the actual landlord's address. At that point the judge got pissed at the lawyer and basically told him to shut up and sit down. It was glorious. Link to comment Share on other sites More sharing options...
KRC Posted December 10, 2008 Share Posted December 10, 2008 I am not sure what the laws are like in your neck of the woods, but in my area, even if you win in small claims court, that still does not force the person to pay up. I won a case against a contractor in small claims court. He refused to pay. I had to pay another fee to file a levy against him. He then took me to county court to challenge the levy. I had to pay another fee to get a lien filed against him. I still have not seen my money. Of course, I was able to get revenge in other ways, but that is a different story. Link to comment Share on other sites More sharing options...
Fezmid Posted December 10, 2008 Share Posted December 10, 2008 I am not sure what the laws are like in your neck of the woods, but in my area, even if you win in small claims court, that still does not force the person to pay up. I won a case against a contractor in small claims court. He refused to pay. I had to pay another fee to file a levy against him. He then took me to county court to challenge the levy. I had to pay another fee to get a lien filed against him. I still have not seen my money. Of course, I was able to get revenge in other ways, but that is a different story. I still think it's worth it. If everyone just ignored the scammers, then they'll just take advantage of someone else. At least this might make some of 'em think twice. Link to comment Share on other sites More sharing options...
KD in CA Posted December 10, 2008 Share Posted December 10, 2008 I am not sure what the laws are like in your neck of the woods, but in my area, even if you win in small claims court, that still does not force the person to pay up. I won a case against a contractor in small claims court. He refused to pay. I had to pay another fee to file a levy against him. He then took me to county court to challenge the levy. I had to pay another fee to get a lien filed against him. I still have not seen my money. Of course, I was able to get revenge in other ways, but that is a different story. Shived the mofo, didncha? Link to comment Share on other sites More sharing options...
KRC Posted December 10, 2008 Share Posted December 10, 2008 I still think it's worth it. If everyone just ignored the scammers, then they'll just take advantage of someone else. At least this might make some of 'em think twice. I just wanted to make him aware of what is in store if he expects to collect from this guy. I went after this contractor for the exact same reason: to try to prevent him from doing this to others. It did not work. Link to comment Share on other sites More sharing options...
VOR Posted December 10, 2008 Share Posted December 10, 2008 I am not sure what the laws are like in your neck of the woods, but in my area, even if you win in small claims court, that still does not force the person to pay up. I won a case against a contractor in small claims court. He refused to pay. I had to pay another fee to file a levy against him. He then took me to county court to challenge the levy. I had to pay another fee to get a lien filed against him. I still have not seen my money. Of course, I was able to get revenge in other ways, but that is a different story. You banged his wife? Link to comment Share on other sites More sharing options...
KRC Posted December 10, 2008 Share Posted December 10, 2008 Shived the mofo, didncha? That was plan C. Link to comment Share on other sites More sharing options...
KRC Posted December 10, 2008 Share Posted December 10, 2008 You banged his wife? Um...no. You obviously haven't seen his wife. Link to comment Share on other sites More sharing options...
Dante Posted December 10, 2008 Share Posted December 10, 2008 Take em too The Peoples Court! Gotta be worth it just to see judge Marylin M She's kinda hot. Maybe you can get this kinda of ruling out her. I love her when she does this. Link to comment Share on other sites More sharing options...
Bullpen Posted December 10, 2008 Share Posted December 10, 2008 Five words: Sand in the gas tank. (someone disputed the "sugar in the gas tank" myth a month or so ago). Link to comment Share on other sites More sharing options...
KD in CA Posted December 10, 2008 Share Posted December 10, 2008 Um...no. You obviously haven't seen his wife. So you're saying that was plan D. Link to comment Share on other sites More sharing options...
KRC Posted December 10, 2008 Share Posted December 10, 2008 So you're saying that was plan D. Hell, after what happened to him, even he is not banging his wife. Link to comment Share on other sites More sharing options...
Steely Dan Posted December 10, 2008 Share Posted December 10, 2008 Take em too The Peoples Court! Gotta be worth it just to see judge Marylin M She's kinda hot. Maybe you can get this kinda of ruling out her. I love her when she does this. That is awesome. I love it when she puts people in their place. Five words: Sand in the gas tank. (someone disputed the "sugar in the gas tank" myth a month or so ago). Mythbusters debunked sugar in the gas tank but if you fill the gas tank with sugar I'm sure it will have some affect. Link to comment Share on other sites More sharing options...
Chump Change Posted December 10, 2008 Share Posted December 10, 2008 Five words: Sand in the gas tank. (someone disputed the "sugar in the gas tank" myth a month or so ago). That's along the lines of how =I'd handle it. But I think I'd rather slash all four of his tires. The payback is instant. He'll know not to screw with you or people like you again and it's a HUGE inconvenience. I did this a few years ago. I was dropping my family off at LAX and left them at the curb with their bags while I tried to find parking. It was Christmastime and parking was non existant in the garage. I literally drove around for 10-15 minutes until I spotted someone backing out who wasn't being followed or had someone waiting for their spot. They were on the end of the row and i patiently waited for the lady to load her luggage and back out. As soon as she pulled out this a**hole pulled in from the exit lane right into her spot before I could react. I was beyond mad and put my car in park, went up to the guys window and told him to get out of the spot. The punk wouldn't get out of the car, wouldn't look at me and just sat there. He knew that I was waiting and tried to be a weasel. I got madder and madder telling him to get out of the car and be a man. At about that time I see a security guard walking toward his car probably at the end of his shift, so smartly I left, got in my car and searched for another 10 minutes for a spot. On my way into the airport i made a visit to his car and pulled out my trusty pocket knife. I proceeded to slash all four of his tires (I lookied for cameras first). I bet that dude will think twice about stealing someones spot again. Now many people think this is wrong and I almost understand. But sometimes people need to know immediately that they shouldn't screw with other people. That's just my advice. Link to comment Share on other sites More sharing options...
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