Taking a fellow beyonder to small claims court

[403Gemini]

OMG WELCOME 2 BEYOND~!

j/k man good to see you back, good luck with everything

[max_boost]

Did littledan sell the motor to someone else?

I'm surprised ludelvr just didn't get a buddy to pick up the motor for him It's also odd you trust the guy enough to send him the money and have him keep the part for over 3 years too

Ludelvr, so are you willing to settle for $800 then? j/k

[JAYMEZ]

You can hire me to get it for you

[Masta Dz17]

take him to court for the grand, plus legal fee's. thats fair why should you pay out of your own pocket, i did that with my ex for the money she owed me...

[Redlyne_mr2]

It shouldnt have to go to court.. lildan should grow a set of balls and give Leo back the money.. its because of losers like him that society is going to shit... makes sense that he's from Edmonton.

[Weapon_R]

Originally posted by mikestang
i think the statute of limitations would apply to this... 2 years to sue that is

In most cases the statute of limitations is two years but if Dan acknowledged the debt, then the statute of limitations begins 2 years after the last provable acknowledgment of the debt.

[turbotrip]

Originally posted by Redlyne_mr2
makes sense that he's from Edmonton.

I love the constant Edmonton bashing

[Fcuk]

Originally posted by Redlyne_mr2
It shouldnt have to go to court.. lildan should grow a set of balls and give Leo back the money.. its because of losers like him that society is going to shit... makes sense that he's from Edmonton.

A good response from a fellow mr2 owner

[LUDELVR]

Hahaha, hey thanks guys. Really, it's the principle behind everything. No, I'm still in NZ and will be for a while and yes, he finally contacted me and when I put up everything that he's said, you guys will honestly see how money can change people...or rather show how they really are!

It's funny though because I even offered compensation, but apparently, just over 2 years of keeping that engine is worth me not getting an engine or even a dime of my money back! Man, some people are reallly that hard up for cash!!

Also, as for that time limitation, yah, I was looking into it and this is what I found on Alberta Courts Website:

For general debt problems, such as contracts, loans, damage deposits and rent you must sue within two years from the time the debt began. An exception to this rule exists: if it has been stated in writing that the person knows the money is still owed, or if the person has paid part of the debt, the two-year limit starts when the debt was last acknowledged.

So, he hasn't replied to me in ages. I guess he was just doing the whole "out of sight, out of mind" thing, but he finally got back to me and so I guess that would mean he's acknowledged the debt so like I said, I'll take it to court and we'll see how it goes. I'm really doing it for principal, and I can't wait for you to see how truly illogical some people can be!! It's quite the drama, and just so you know, don't fuck with littledan...you don't know who you're fucking with!!

Exact quote! Apparently he's scarface or something!!!

[LUDELVR]

Be warned that this is a lengthy post. I did not want it to come to this but I guess some people will never learn...that's me included , but then again, I like giving the benefit of the doubt. It shows that there is still trust in this world! Anyway, this post is long and it rivals that of most epic sagas that you watch on the big screen!! So grab a beer, some popcorn and get ready for...

THE TALE OF THE SCAMMING BEYONDER!!!!!


Well, it all started with this thread here:

Engine for sale

At the time I was already living in Korea and thought that it was a good deal so I PM'd littledan asking if I could get a deal on the engine and his reply was:

littledan wrote on 06-17-2005 08:59 AM:
I'll let you know how things go i don't think i can go much cheaper unless you don't want the im, throttle body etc. maybe we can work something out.

So I then told him my situation and that I wasn't desperate to have the motor right away because I was living in Korea and I wouldn't be back till the end of the year, so I asked if he could hold it until then. This was his reply:

littledan wrote on 06-18-2005 09:54 AM:
if there isn't much interest then i can hook you up in november.... but unfortunately i'm really poor right now so i'm selling to the first person that can come up with the funds. if you can get the money together soon then i will store it for you till nov.

My next message to him was :
LUDELVR wrote on 06-19-2005 08:32 AM:
Hey man, I have the money already, had it lying around in my Korean bank account! haha totally forgot I had it. Anyway, Let me know how I can get it to you but yah, I guess this engine is pretty much sold One thing though, maybe I'm an impulsive buyer, but how is the condition of the engine? What exactly happened and how was the compression again? I trust ya man, you have a pretty good rep on beyond so I'll go with my instincts, I just don't wanna be kicking my self in the ass later though, I guess I just want reassurance! haha

and his reply was:

littledan wrote on 06-19-2005 08:21 PM:
the motor is in very good shape has great compression... the valve seals may need some work but nothing major. you can paypal me the money to [email protected] if you can get me the money i'll hold it for you until you come back no problem.

So I got his info and was waiting to send a check when I had time off from work and we were having some jokes between eachother so yah, he seemed decent enough. I already had a high (or rather neutral) opinion of him from beyond:

littledan wrote on 07-07-2005 08:46 AM:
haha i'm from northside edmonton. walla we know how to bargain. when i lived in calgary i lived in vista heights and it felt like a country club (vista heights is the cracker part of marlborough or whatever ahah)

seriously though let me know if you need any miscelaneoous parts for 4th gen i have lots of stuff kicking around in my garage.

better send that cheque quick though i've been beating interested buyers away with my maglight i can't hold out much longer lol. tell you what i'll throw in the first two seasons of initial d and the 3 season all on vcd for free! just don't let anyone know i gave you a deal can't let that info get around haha

We then had some jokes about the engine being stripped and he received the cheque in the mail:

littledan wrote on 07-25-2005 10:52 PM:
hey buddy the cheque did come in. thanks for dating it aug 10 now i have to be a hobo for abother couple weeks ... i'll store the motor at my garage till you get back from korea then just come pick it up whenever you feel. take care man.

The time when I was supposed to come back to Canada was fast approaching and so he sent me this:

littledan wrote on 11-21-2005 09:06 PM:
ya man come drage it away anytime sooner the better!!! i don't have engine hoist at my place though so i'm not 100% sure how we gonna load it into your truck. it's one heavy bitch.

I then told him that plans were a bit hazy and I wasn't sure when I was coming back and this was his reply:

littledan wrote on 12-05-2005 12:24 AM:
well it's not a huge deal but i would like it gone the sooner the better. or else i'm gonna start stealing all the parts off it. haha jk just let me know if you have an accurate estimate of when you can pick it up. for the meantime i'm moving it to the corner of my gargage

Well, time passed and I regret not keeping in touch, but seeing that he appeared to be a stand up kind of guy and would let me know if he was getting really bothered by that engine being there, I thought he would email me. Finally, after moving to NZ and getting settled I dropped him a PM:

LUDELVR wrote on 08-18-2007 04:02 AM:
Hey bro, just to let you know that I'm still alive! haha, sorry I haven't kept in touch about that engine and what not. I'm currently in New Zealand now, left Korea, but still hoping everything is ok with that eninge! I hope it still runs when I get back! haha, but yah, hopefully it's not taking up too much space. I've seriously lost touch with so many people from back home because life here is pretty busy! If it's a huge burden, I'll try to get someone to come pick it up. my folks just moved out to Chestemere so I'd have to get someone to deliver it there. Hey man, thanks again for everything with that engine. Hopefully everything is going well with you bro! Let me know how the car scene's going in Alberta!

Leo

After that PM, I didn't hear back from him for a couple of months and then sent him this:

LUDELVR wrote on 11-05-2007 08:54 AM:
I hope you're not avoiding me. It would be nice to hear back to straighten things out.

So yah, I waited a bit longer for a reply but to no avail. Starting to get a bit worried because I then saw this thread pop up:

Engine for sale

Would this stand up guy be trying to pull a fast one on me? Nah, he's well respected in the car scene and on beyond. He shouldn't do something like that! So I sent another PM:

LUDELVR wrote on 11-10-2007 10:59 PM:
Listen man, stop ignoring my PM's and emails. Honestly, this is not how to deal with it. I'm sure we can find a diplomatic way to resolve this. I would honestly hate to see this escalate to anything more than it is now. In my opinion it's not worth it but at the same time, I've paid you and you have my engine. I'm sure we can resolve this without any further issues so please respond. I'm sure we've both seen things like this end up with violence, property damage, injuries etc. and that's not what I want to transpire so again, get back to me ASAP.

Leo

I guess that stirred the hornets nest because I then received this reply:

littledan wrote on 11-11-2007 10:00 AM:
First of all please do not threaten me. learn who the fuck you are dealing with. secondly i thought you were dead i didnt hear from you for 3 years. straighten out. if you really wanted that motor you should have come to pick it up long ago. dont blame me for your mistake.

First of all, I didn't know I came off as threatening! haha, I always thought I was quite affable in my approach. Little did I know I was dealing with Bone thugs and harmony!! Also, I guess it shows what kind of guy he really is. I sell something to someone, I think he's dead, I won't make any attempt to contact him and then just sell the stuff again and double my profit! So I guess if there was a dead guy lying in the street littledan would check his wallet for cash! Interesting. It's similar to that cremation place that sold expensive coffiins that were meant to be burnt and then they just reused them!! In any case, I replied by saying:

LUDELVR wrote on 11-12-2007 06:40 AM:
Oh so that's how it is then huh? You're going to play it that way? Who you are? I really don't give a shit who you are, all I know is what you've done. And mistake? How is that a mistake? I give you money in good faith and simply because I've been halfway across the world and haven't had a chance to contact you, you fuck me over and for what? A grand? And on top of that, you make no effort as well, just sitting there waiting until I forget? And then you go and try and sell it again and make no effort to contact me? Honestly man, the mistake was trusting you in the first place.

Now really, are you going to try and play like this is my fault? You're going to sit there and simply say what you're saying and think I'm going to let this slide? Do you honestly not believe in what goes around comes around? Like really man, why would you try this shit? I paid you and yes, it's been a while, but the fact remains that I paid you and got nothing back from you in return and then you try and ignore the whole thing. Seriously man, think about it, it's such a juvenile approach to the situation.

I'm a reasonable guy but if someone paid me and didn't contact me, I'd at least let them know what's up and not just try and scam them. Look at it from my perspective. Yes, I've been away and I haven't been able to pick it up, but does that give you the right to rip me off?

So apparently I made a huge mistake by not picking up my engine and that gave him the right to sell it, even though he didn't even contact me! Well, his true colours begin to show here:

littledan wrote on 11-12-2007 08:26 AM:
seriously guy look at how you do business. do i have a big sign out front that says storage king? what you expect me to do when i had to move and i have this motor laying around for years and i dont even have your phone number to contact you and i dont hear from you for years? i dont have time to be dicking around trying to track someone down when i have million other things to take care of. its too bad you didnt come pick it up earlier but i no longer have the motor so what you want me to do? this aint walmart man. i stored that thing over 2 years so consider that storage fee. you can go get another one for less than 500 bucks so quit bitching to me.

Now apparently he doesn't have my number or my contact info, but low and behold, here he is with such ease replying to my PM's...wow, that's just amazing!!:

LUDELVR wrote on 11-12-2007 06:03 PM:
You don't have my number to contact me yet here we are conversing through PMs. You must not have tried very hard to get ahold of me.

In any case, yes, I alraedy told you that I would like to work this out diplomatically and yes, I am a more than fair guy and I would like to compensate you for keeping that engine for so long, but that being said, I highly doubt I am going to walk away from this with a 1000 dollar storage fee and have nothing to show for it.

Really Dan, consider what you're saying. You want to keep my money simply for storing it, and then on top of that, you walk away with another grand (or however much you sold it for). Let's work something out because really, I'm getting the short end of the stick here. I'm not getting the engine that you were selling, nor am I going to get the full amount I paid to you. I was looking into small claims court and even if I did that, I would still have to pay about 100-200 dollars for fees, but still, I would be getting something back.

Like i said man, I'm more than willing to compensate you for the inconvenience of storing that engine, but please be realistic. A grand for an engine that I've never even seen and one that you sold again anyway to make even more money. Just look at what you're doing here man.

Well, I thought I would try and appeal to his ethos but once again to no avail:

littledan wrote on 11-13-2007 05:20 AM:
i wish i could help you out man but really what can i do? no one would buy that motor when i moved so i had to literally give it away. i dont see how i should get jacked here when i did nothing wrong. yes i agree you are getting the short end of the stick but that was your decision.

Well, since his irrational and illogical brain was obviously being influenced by other sources (I've deduced this from his manner of speaking before I purchased the engine) I thought I would just let the courts take care of this, seeing that that's what they're designed to do, seek justice and help the innocent...isn't it?:

LUDELVR wrote on 11-13-2007 07:58 AM:
Well, if there's nothing that you can do then there's nothing that you can do right? It's really stink that you're trying to do this and offer absolutely nothing to me as if you deserve the full grand. That's fine man. I guess the only remaining alternative is taking this to small claims court. I don't resort to violence or anything like that, the courts will decide what's fair and from everything you have said, I have not a single doubt that they will favour me. Really though Dan, I did expect a lot more out of you and not being this petty.

You'll be hearing from me regarding this matter. Thanks for leaving your details with me. This will make things go a lot smoother. Next time I contact you it'll will be regarding a law suit. Cheers mate.

Leo

Well, I guess I'm dealing with one smart cookie here! He's not just a ghetto thug after all, this guy can really read!! :

littledan wrote on 11-13-2007 08:34 AM:
ever heard of the thing called statute of limitations? show me any contract or payment made within the last 2 years. good luck with that buddy.

I'm assuming he has been reading this thread, oh well, for no particular reason!

And my final PM to him was:

LUDELVR wrote on 11-14-2007 11:21 AM:
Oh, I guess you got me there... Oh wait, hold on, I'll try this out.

"For general debt problems, such as contracts, loans, damage deposits and rent you must sue within two years from the time the debt began. An exception to this rule exists: if it has been stated in writing that the person knows the money is still owed, or if the person has paid part of the debt, the two-year limit starts when the debt was last acknowledged."

Hmm...and I guess since you did reply to my last email, that would count as you last acknowledging the debt. And again, with what you've been saying in these emails....

Again man, I knew that there were some slimy people in this world, but you came across as actually being decent. Good on ya mate! I hope you're content with the way that you want to earn money. It's seriously despicable.

So there you have it folks. The story of my engine. haha, don't get me wrong, I'm not too worried about the money, but rather the principle. I know that things like this have been going on for ages but really, I guess it was my naivete to trust someone whom I thought I knew...like I said, naivete on my part. Thought he was a stand up guy, but in the end just ended up being a ghetto scamming hood rat. Oh well. But in the end, if the courts don't work out for me, Karma will get him. I'm such a firm believer in what goes around comes around and yes, I've had my fair share of things coming back to me, but this guy is going to get it bad. And No littledan, this is not a thread! Read between the lines and try using that pea-sized rock of a brain of yours please. You're an idiot in more ways than one.

I honestly can't believe that he thinks I should get absolutely nothing and he's entitled to keeping my grand as well as selling it and keeping the money from that sale too! Wow, that's like a new low...EVER!! In any case, sorry for the really, really, REALLY long read but I just wanted you guys to know what kind of guy this littledan is. I guess he the term little can relate to a lot for this guy. Little in stature, little in logic, little in common sense; I'm sure the list can go on and on. Oh well, what goes around comes around sucka!

[Type RA-R]

Good read

I do agree that leaving it there for so long was kinda wrong on your part, but at the same time there's better ways to have handled it.

Goodluck man

[/////AMG]

It was a good read. Again I'm with the guy above, 3 year sis quite the time. Should have tried for someone to pick it up. But then again it doesn't give any right to sell whats yours.
he was obviously gagging for money so he doubled his profits. I doubt he "gave it away for next to nothing".

Good luck with it all Leo, it'll work out your way easily.

[sputnik]

Why didn't you just find a friend or family member to pick up the engine for you?

Seriously 3 years is a bit much to expect. Most of the stuff that gets sold on Beyond is because people want to clean out their garage.

The fact that you bought something and then neglected to do something about it for 2 years would piss me off too. Especially since you originally said you would pick it up a few months after purchase.

I think a judge will have a tough time siding with either side and littledan could easily consider the $1000 as storage costs for something that was promised to have been picked up years ago.

[01RedDX]

.

[Dooms_Bane]

wow sounded like a nice guy at first.. then kinda went down hill.. dang.. harsh

but then 2 years is a pretty long time. but eh he shouldn't have sold it.

i would have asked a friend if they had storage space if possible

[BerserkerCatSplat]

I agree, 3 years was way, way too long to let that hang. If someone told me they were going to pick something up by the end of a month, and 3 years later they hadn't bothered to even get a friend to move it out of my work area, I'd be charging $50/month to store it. Hell, at $25/mo, you'd be owing $900 and I'd just sell the engine to recoup the costs.

I hate to seem nasty, but neither you nor Dan were in the right, since he didn't try to contact you and you didn't pick it up like you said you would. In all honesty, I think the judge would probably side with Dan.

[GTS Jeff]

Gotta side with littledan on here, no doubt about it. You're downplaying the fact that there was a gap in communication between late 2005 to 2007...and I think it's pretty unreasonable for you to expect someone to store an item like that for you for free for that long.

I think littledan was already pretty stand up to even hold the engine for you for 6 months even though he obviously wanted it gone. From the PMs you posted, it looks to me like he tried to tell you nicely that he wanted the engine gone. When you made the sale, November 2005 was the agreed upon date for pickup and since you're not keeping your end of the bargain, why should littledan? Now cancelling the sale would mean he should refund you the money, but that's not taking into account storage fees. Nothing is free man...

Take it small claims court, but I don't think you'll win, simply because storage ain't free. Now what I'm wondering is, why didn't you just get a friend to pick up the engine for you in the past 3 years?

[LilDrunkenSmurf]

I think he would be happy with his money, but really, what's the going rate for storage? Self storage? $1 for the first month, then how much after? I doubt its $333/year. I think any kind of compensation would be good for Leo, as he already said it's not about the money, just the principal, as well as the fact that he did offer compensation for the storage. I'd side with Leo in this one. If Dan had made any attempt to contact Leo, then it'd be a little harder for Leo, but I don't think he'll have too many issues.

[JRSC00LUDE]

Yeah, I dunno. I'd be pissed as well I suppose, but at the same time if it was THAT important to you then you should have made arrangements to have someone get it. I think you are every bit as much to blame for the situation as he is.

Similar thing is someone did some work for me a couple years ago in my house and never came to get their money. I called them and called them and offered up cash and they never had time to deal with it. Always said "haven't figured it out yet I'll get to it eventually..." If they came back to me now, 2.5 years later I'd be pretty tempted to say too bad so sad. Where were you all that time I was trying to stuff bills in your pockets? It's no small sum either, but why should I be responsible this long after the fact? I likely would offer up half or something as goodwill since I got quality service/work done but do you see my point?

[sputnik]

Originally posted by LilDrunkenSmurf
I think he would be happy with his money, but really, what's the going rate for storage? Self storage? $1 for the first month, then how much after? I doubt its $333/year. I think any kind of compensation would be good for Leo, as he already said it's not about the money, just the principal, as well as the fact that he did offer compensation for the storage. I'd side with Leo in this one. If Dan had made any attempt to contact Leo, then it'd be a little harder for Leo, but I don't think he'll have too many issues.

The engine belonged to Leo once littledan cashed the cheque. Unfortunately he decided to let it sit for 2 years after he promised to pick it up.

I think the only way that a judge would side with Leo is if Leo made some honest attempts to pick up the motor. Littledan could have easily left it on a skid in the backlane to be picked up at anytime.

The fact that Leo never even PMed littledan saying he was going to be 2 years late is inconsiderate and incredibly rude.