Taking a fellow beyonder to small claims court

[403Gemini]

Originally posted by krisopotamus
The kicker is when you said you could arrange for someone to pick it up, and he stopped responding. Just give the judge this thread and collect your $ from him

Judge will just ask why wasnt this part of the original arrangement as its a bit absurd to hold onto something for 3 years. If i bought a tv from futureshop and told them id pick it up in 1 year... then after that year cut my ties with them for 2 years only to come back and say "Hey folks, still have my tv?" they'll just laugh at me...

[Splooge]

Originally posted by richardchan2002
If I was Dan and had that many interested buyers that "I had to beat them back with a maglite", I would've just sold it to the next guy and returned Leo's money back (minus any mail delivery fees/bank fees of course).

I totally agree with this statement.

[Toms-SC]

Some form of money should be returned to Leo. Although this happened over a 3 year time frame it is still a greasy thing to do.

[Skyline_Addict]

as mentioned in many posts above, while the principle of this whole matter is what is at stake for you, the courts probably won't side with you just because you believe you have a greater sense of integrity than dan. you definetely sound like a good guy no doubt, but everyone makes mistakes. while i do side with you to the fact that you deserve some compensation on the grounds of a mano-a-mano honor system, the fact that you left the engine there for such an indefinite and long period of time implies that you are putting liability on dan to store it for you, when no agreement to do so, for this long, was ever made. a good will period of holding for a few days...even a few weeks, ok. but a few YEARS? come'on man.

[max_boost]

Originally posted by 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?

[asifka]

man, even a friend won't keep a motor in there garage for 3 years. seriously, would you store something for 2-3 years which is clearly not yours anymore?

[will_e_chill]

i just wasted 10 minutes of my life reading this post.

i suggest both sides just forget about it because it is probably not worth the hassle.

even if you win in court, it does not mean you will collect any money.

live and learn.

[grrrouch]

LUDELVR is a moron for buying this engine so early..unless it has like 50K on it than sure I would jump on this but you can find srv 's all over the place ...Was he so damn excited to get the engine that he needed the reassurance of knowing it was available the second he came to calgary? I would just wait till I was home and look at an h22 in person, do compression tests in person...you can never trust anyone, even if it is a "fellow beyonder"

[Toms-SC]

LUDELVR comes from the times of where beyond.ca was a couple hundred 'close' members. Nobody would ever cross each other. Not so much now a days.

[PKRipper]

I would have sold it as scrap after six months. Three years? Riiiiight. If you leave your clothes at the dry cleaner for 30 days they become the property of the business. Who the hell would expect someone to keep an engine for three years? Perhaps someone careless and inconsiderate.

So since you are this Leo fellow that people ask questions, I have a great one:

Leo, why didn't you pick your engine up in a timely fashion?

[stevo 27]

id have to agree 3 years is way way wayyyy to long especially after not speaking to echother for 2 years

an he was moving apperently

do you expect him to remember who you even are after 2 years
let alone remember your user name (since he didnt have your contact info)

you can't expect him to bring it with him on the move
and wait for a pm

what would you have done if he no longer was on beyond?
or changed his email for some reason
you'd be SOL


you could not honostly tell me youd hold on to a motor for 3 years 2 of wich you didnt stay in touch with him

in all honosty i think it's petty taking him to court over it

i think you should just take it as a lesson learned

don't pay for something 3 years in advance especially when youve never actully met the person

[ninjak84]

Hey I'm thinking of suing a beyonder too
This guy comes to install my lowering springs and struts (5 and a half years ago though...) , and I buy him Asian food for lunch and pay him. Then the struts blow through my hood ... Ruining my hood and suspension.

haha Just kidding leo

[LUDELVR]

hahaha, oh wow, this has attracted much attention! In any case, let me straighten some things out:

Firstly, I was planning to come back to Canada that December and my engine in my car was already blown so looking for one a few months before I come home so I don't have to when I'm here seemed logical to me, so if my logic is moronic, then I guess I'm a moron.

Secondly, from what I've seen and heard from littledan, he seemed like a standup kind of guy who would inform me if in fact that engine was becoming THAT much of a pain in the ass, he would have voiced it.

Thirdly, as for storage, nothing was ever mentioned about a storage fee or price, therefore, nothing was ever agreed upon so how can he charge something to me that we never agreed upon?

Fourthly, as I mentioned, I didn't pick up the engine because I ended up going to New Zealand and was starting my life here and to be honest, yes the engine became a distant thought, but again, that does not excuse that it was in fact neglegent of me to leave it in his hands.

Fifthly, when I did contact him to arrange a settlement (I did make an offer to compensate him) he never replied so this would lead one to believe that something was not right.

Finally, if he sold it for next to nothing and he wants to charge me for storage, I should still get an engine...shouldn't I? If storage isn't free, then charge me for the storage, and give me back the engine that I bought. Granted, this walmart but still, I'm hoping he's a bit more ethical than what I've seen! He won't even attempt to reach a mutual agreement other than, nope, it's all mine.

Anyway, like I said guys, I'm a fair guy and I can admit when I did something wrong and forgetting about it was again, neglegent on my part but ask yourself, is it really worth me getting absolutely nothing (except for the fact that there are so many scheming people in this world)? Again, littledan made no effort to get ahold of me if in fact the engine was bothering him that much.

It's funny to see some people say "just forget it, live and learn". Yes, I will live and learn, but in the mean time, this is acting as learning tool for a lot of people I hope. First of all, never trust anyone from Edmonton! Also, learn who you're fucking with!! Thirdly, what goes around comes around (now keep in mind, this is not a threat!) haha I just can't wait till he gets screwed, although I'm not one to wish ill will towards anyone else, but rather so he can see the error of his ways. Like I said, the error of my ways would result in me compensating him for holding my engine for that long...not to leave me with nothing.

[GTS Jeff]

Originally posted by LUDELVR
hahaha, oh wow, this has attracted much attention! In any case, let me straighten some things out:

Firstly, I was planning to come back to Canada that December and my engine in my car was already blown so looking for one a few months before I come home so I don't have to when I'm here seemed logical to me, so if my logic is moronic, then I guess I'm a moron.

Secondly, from what I've seen and heard from littledan, he seemed like a standup kind of guy who would inform me if in fact that engine was becoming THAT much of a pain in the ass, he would have voiced it.

Thirdly, as for storage, nothing was ever mentioned about a storage fee or price, therefore, nothing was ever agreed upon so how can he charge something to me that we never agreed upon?

Fourthly, as I mentioned, I didn't pick up the engine because I ended up going to New Zealand and was starting my life here and to be honest, yes the engine became a distant thought, but again, that does not excuse that it was in fact neglegent of me to leave it in his hands.

Fifthly, when I did contact him to arrange a settlement (I did make an offer to compensate him) he never replied so this would lead one to believe that something was not right.

Finally, if he sold it for next to nothing and he wants to charge me for storage, I should still get an engine...shouldn't I? If storage isn't free, then charge me for the storage, and give me back the engine that I bought. Granted, this walmart but still, I'm hoping he's a bit more ethical than what I've seen! He won't even attempt to reach a mutual agreement other than, nope, it's all mine.

Anyway, like I said guys, I'm a fair guy and I can admit when I did something wrong and forgetting about it was again, neglegent on my part but ask yourself, is it really worth me getting absolutely nothing (except for the fact that there are so many scheming people in this world)? Again, littledan made no effort to get ahold of me if in fact the engine was bothering him that much.

It's funny to see some people say "just forget it, live and learn". Yes, I will live and learn, but in the mean time, this is acting as learning tool for a lot of people I hope. First of all, never trust anyone from Edmonton! Also, learn who you're fucking with!! Thirdly, what goes around comes around (now keep in mind, this is not a threat!) haha I just can't wait till he gets screwed, although I'm not one to wish ill will towards anyone else, but rather so he can see the error of his ways. Like I said, the error of my ways would result in me compensating him for holding my engine for that long...not to leave me with nothing.

Pretty weak points still, IMO. You might as well just drop it at this point. If anything, I think drawing this out just damages your rep more than littledan's.

Who wants to do business with a guy who may leave you hanging for three years or more?

[ex1z7]

yeah man I'll have to agree with most of what's being said around here..

yeah you should get SOMETHING - but after 2 years of not speaking to the guy, not giving him any indication of what you're doing, or the plans for the engine.. that wasn't right. How much effort does it take to just PM someone and be like "Hey, change of plans.. Instead of Canada I'm heading to New Zealand.. Give me a heads up on when I can get someone over there to grab that block.." Even if it's a back-burner thought in your head, you still have a responsibility to keep him in the know..

And he shouldn't just be like "sorry dude, fuck off"

but what can he do ? Storing an engine for around 3 years.. 2 of which in dead contact.. How much longer were you going to let it sit there Leo?

[PKRipper]

LUDELVR, those points are weak . Particularly the whole " learn who you are fucking with" part. I'm surprised littledan put up with you for this long. I'd have told you to beat it long ago.

Your sense of entitlement is comical at best and truth be told I'd sooner deal with littledan because at least he's not a flake. If anything, you should be embarrassed that you've even brought this up in public. Brutal.

[Idratherbsidewayz]

The money Leo gave for a product he didn't recieve is still in Littledan's possession. Just because Littledan spent it doesn't mean that Leo isn't entitled to his money back. I really don't understand the complication.

[5hift]

Originally posted by Idratherbsidewayz
The money Leo gave for a product he didn't recieve is still in Littledan's possession. Just because Littledan spent it doesn't mean that Leo isn't entitled to his money back. I really don't understand the complication.

Lets say you really want some new video game system out. You preorder it at EB and pay for it in full so all you have to do is pick it up when it arrives. Then you dissapear without making contact for years. Then 3 years later, you start emailing EB saying you now want to pick up your system.

You gave EB money for a product that I can guarentee you they sold to someone else if there was demand. Are you going to get your money back because they sold it to someone else? No chance in hell.

LudeLvr says that LittleDan is taking advantage of him right now... I think it was the opposite... you've got to be kidding me to expect someone to hang onto something like an engine for a complete stranger for 3 years. If anything, you were trying to take advantage of Dan, like he's some free storage place you just email when you feel like coming by and expect a immediate response.

[icecreamvan]

We need a poll...and move this to the appropriate section (Suggestions/Comments/etc). It just feels weird talking about a moderator's integrity in this forum.

[Redlyne_mr2]

Its the point people.. do any of you people have ethics or are you all future slimeball lawyers who look for those small loopholes to piss people off? It's pretty cut and dry.. you give someone money they supply you with the product. If there are discrepencies along the way then you deal with them or come to some sort of agreement.

It really astonishes me how many people support lildan..no honour or morals whatsoever.