annoying theft / rip off by mate!
annoying theft / rip off by mate!
Author
Discussion

psimpson7

Original Poster:

1,071 posts

271 months

Tuesday 17th January 2006
quotequote all
Right I need some advice.

About a year ago I bought a secondhand set of alloys of a (so called) friend for £300. I sent him a cheque to cover them which he cashed.

On several occasions I tried to arrange to go and get them and he was always busy / out etc etc.

He then emailed me about 7 or 8 months ago to say that he had been broken into, the wheels had been stolen and that he would refund my money.

No problems I thought.

After a month or so I emailed him to say I hadn’t received the cheque incase it had got mislaid in the post. He said that he hadn’t got a new cheque book and promised me it would be on its way shortly.

Another month passed and I contacted him again, he said that still hadn’t got a cheque book and it would be on its way.

After about 4 months of occasional emails chasing him, he replied to one saying he sent it ages ago and assumed as he hadn’t heard from me I had it. I politely told him that I hadn’t received it, and he was going to get bank statement and check them etc. he had the audacity to say he wasnt accuisng me of anything but he thought the cheque he supposedly had sent had been cashed.

I still haven’t received the cheque, and sent him another email yesterday asking him to contact me / do something about it.

He doesn’t answer his phone.

Question is what should I do?

Rgds
Peter.

xiphias

5,889 posts

257 months

Tuesday 17th January 2006
quotequote all
Deception! Sue him

aldi

9,292 posts

267 months

Tuesday 17th January 2006
quotequote all
Cheque could have been stolen in the post, he can get the bank to provide a 'copy cheque' to show who it was paid to.

eccles

14,401 posts

252 months

Tuesday 17th January 2006
quotequote all
ask to see a copy of the bank statement with the cashed cheque on it.

crankedup

25,764 posts

273 months

Tuesday 17th January 2006
quotequote all
If all else fails use the small claims court. Maybe a single solicitors letter with the threat may jolt him into action.

GasBlaster

27,584 posts

309 months

Tuesday 17th January 2006
quotequote all
Refer him to that thread on here linking to the American thread about the American bloke in a similar situation! Oh yes!

It was truly scary.

Parrot of Doom

23,075 posts

264 months

Tuesday 17th January 2006
quotequote all
Go and confront him.

Its much more difficult to lie to a person's face.

If he never pays you, take a picture of his face, and photocopy it a thousand times onto an A4 poster with the words "PAEDOPHILE IN YOUR AREA", then nail the posters up to every tree near his house.

tollytuff

991 posts

261 months

Tuesday 17th January 2006
quotequote all
i'd go round knocking on his door, a year is totally unaceptable. this is not the action of a friend., tell him if its not sorted within the next month you'll go to the police. (then go round and give him a good hiding )

minimax

11,985 posts

286 months

Tuesday 17th January 2006
quotequote all
xiphias said:
Deception! Sue him


no, silly, just threaten to beat f**k out of him then terminate friendship once monies are received. i'd probably lift a little bit extra out of him for being an awkward git

>> Edited by minimax on Tuesday 17th January 12:42

Piglet

6,250 posts

285 months

Tuesday 17th January 2006
quotequote all
It's crap isn't it? Whoever it was said not to lend money to your friends was dead right. We're owed around £500 by a "friend" who spoke at lenght about repaying the debt and now doesn't answer her telephone. Sounds like buying stuff from "friends" should also be on the banned list as well.

I think you just have to keep plugging away at them and let them know that you're not going away. Trouble is it's not nice having to do this.

I don't think the legal routes are worthwhile. The point above about going to see them is a good one it is much easier to lie to someone face to face.

psimpson7

Original Poster:

1,071 posts

271 months

Tuesday 17th January 2006
quotequote all
thanks for the advice. I keep giving him chances and its getting annoying. what makes it harder is that he lives 200 miles north of me, otherwise i may have popped round!

I will pestering him....!

I do wonder if he ever had the wheels in the first place...!

I was thinking about the small claims court but not sure if it would just end up my word against his?

Rgds
Pete

Boosted Ls1

21,200 posts

290 months

Tuesday 17th January 2006
quotequote all
Just out of interest who would have been legally responsible for the wheels after payment had been received, the seller or vendor? In other words when they were 'stolen' who were they stolen from?

Boosted.

Mr Whippy

32,453 posts

271 months

Tuesday 17th January 2006
quotequote all
Parrot of Doom said:
Go and confront him.

Its much more difficult to lie to a person's face.

If he never pays you, take a picture of his face, and photocopy it a thousand times onto an A4 poster with the words "PAEDOPHILE IN YOUR AREA", then nail the posters up to every tree near his house.


That would work nicely

Dave

pies

13,116 posts

286 months

Tuesday 17th January 2006
quotequote all

themaskedavenger

676 posts

278 months

Tuesday 17th January 2006
quotequote all
Ask for the crime number so that you could claim on your insurance.

If no crime number then its his responsibility to give you the money and 200 miles though it may be it may well be worth turning up on his doorstep and not leaving till you get the money.

This guy is not a friend so dont treat him like one, a friend would have done the right thing this person does not see you as a friend but a target.

victormeldrew

8,293 posts

307 months

Tuesday 17th January 2006
quotequote all
I sold a bike to a mate once, and never got the money. I chased him a few times, and eventually I got paid half of the money in used notes. I got the distinct impression I wouldn't ever see the rest. I wrote off the remaining money, and the friendship.

Don't work for, employ, work with, buy from, or sell to mates. I must be incredibly gullible, because I've been stung by every single one of those. The "work with" one has currently landed me with an Inland Revenue investigation - mates, who needs 'em?

marcp68

7,210 posts

249 months

Tuesday 17th January 2006
quotequote all
Boosted Ls1 said:
Just out of interest who would have been legally responsible for the wheels after payment had been received, the seller or vendor? In other words when they were 'stolen' who were they stolen from?

Boosted.


I'm no legal expert but;

I think but in Sales of Goods Act if he owns the "property" and you buy it off him when he takes and accepts your payment then the contract is in existence (part performance) and therefore the seller must transfer the "title of the property" from himself to you.

In your case the seller is also in breech of one of his obligations in that it is a requirement that the "seller must deliver in time", as no time was stated this must be "reasonable" which a year is not.

Possibly a good route to go down is the small claims court, my understanding is that it's cheap, takes little effort (ie 2/3 recorded delviery letters to the seller and some paperwork submitted to the court)....the recorded deliveries outlining potential court action usually does the trick.

xm5er

5,094 posts

278 months

Tuesday 17th January 2006
quotequote all
psimpson7 said:

I was thinking about the small claims court but not sure if it would just end up my word against his?

Rgds
Pete


You have emails from him saying that he has sent the money, that's all the evidence you need to prove that he owes it to you. Send him a letter by recorded delivery stating that if you dont receive the cheque from him within 1 days of the date on the letter then you will take it to small claims, CC the letter to a local firm of solicitors (well type it on the bottom at least).

Whether you hound him or not he is not a friend any longer, he's a cvnt.

nightmare

5,279 posts

314 months

Tuesday 17th January 2006
quotequote all
don't help, but Im also gullible in that respect.

lent a mate 500 quid to get him out of a hole...never, ever seen it since. and I know I never will...shame as he was quite a good plumber!

I decided I dont care enough to do anything about it. Good luck with whatever you decide to do

Boosted Ls1

21,200 posts

290 months

Tuesday 17th January 2006
quotequote all
marcp68 said:
Boosted Ls1 said:
Just out of interest who would have been legally responsible for the wheels after payment had been received, the seller or vendor? In other words when they were 'stolen' who were they stolen from?

Boosted.


I'm no legal expert but;

I think but in Sales of Goods Act if he owns the "property" and you buy it off him when he takes and accepts your payment then the contract is in existence (part performance) and therefore the seller must transfer the "title of the property" from himself to you.

In your case the seller is also in breech of one of his obligations in that it is a requirement that the "seller must deliver in time", as no time was stated this must be "reasonable" which a year is not.


This is interesting. So, if the goods were stolen from the sellers property after payment was made would the seller be legally obliged to compensate the buyer? Is the seller responsible for the care of the goods even though they aren't his anymore?

Boosted.