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Old 10th February 2004, 00:12     #1
Reformed_Quint
 
Lending?

I understand that a verbal contract is legally binding, So when u lend something to someone of which u place trust in that they will actually give it back and they don't is there any action one can
take?

Action that doesn't involve turning up on their door waving a bat.

Situation:
Lent a 'friend' a motherboard and some ram, for testing or something, it was understood and communicated that it'd be returned in a couple of days, or whenever i wanted it back.
Few weeks pass and i wanted it back, Enquire into whether goods can be returned etc. Assured that they will be, another couple of days and i enquire again and am simply ignored.

Now i'm assuming that hes gone and sold it.

Anything i can do? I would have kicked his door down already if i had a licence.
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Old 10th February 2004, 00:16     #2
CCS
Stunt Pants
 
A verbal contract isn't worth the paper it's written on.
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Old 10th February 2004, 00:21     #3
BaM
Freeloader
 
Thumbs up

I advise going around to his place with some large mates and taking the value of the motherboard and RAM out of his hide.

And don't forget: Pics or it didn't happen.
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Old 10th February 2004, 00:23     #4
Slothking
 
Quote:
Originally posted by CCS
A verbal contract isn't worth the paper it's written on.
Maybe it's just late, but... that made me laugh. Nice one, CCS.
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Old 10th February 2004, 00:24     #5
Reformed_Quint
 
Quote:
Originally posted by BaM

And don't forget: Pics or it didn't happen.
Free digi cam or no bling bling.
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Old 10th February 2004, 03:53     #6
ZengE
 
I think that you'll find the legally binding bit relates to an agreement under the Sale of Goods Act (1908) where one can make a contract in a number of ways
Quote:
Subject to the provisions of this Act and of any statute in that behalf, a contract of sale may be made in writing (either with or without seal), or by word of mouth, or partly in writing and partly by word of mouth, or may be implied from the conduct of the parties:
However, that shouldn't stop your 'friend' from returning your property upon request. It would appear that your 'friend's' failure to do so is about to result in a lost or strained relationship and notwithstanding that, it's the right thing to do

I doubt you'd be able to go to small claims for breach of contract however there may be something under some other Act that I can't be bothered looking for You can though if you're keen.
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Old 10th February 2004, 04:17     #7
GRiM ReeFer
 
your ex friend has just placed a price on your friendship,
somewhere just below the price of said MB and ram,
either he gives you the sale price of the goods
or you get some hard hitting morange fuckers to pay him a visit,
No bling, blam.
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Old 10th February 2004, 04:55     #8
Undertaker
 
Challenge him to a knife-fight.
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Old 10th February 2004, 17:36     #9
SepulchraL
 
Re: Lending?

Quote:
Originally posted by Reformed_Quint
I understand that a verbal contract is legally binding, So when u lend something to someone of which u place trust in that they will actually give it back and they don't is there any action one can
take?

Action that doesn't involve turning up on their door waving a bat.

Situation:
Lent a 'friend' a motherboard and some ram, for testing or something, it was understood and communicated that it'd be returned in a couple of days, or whenever i wanted it back.
Few weeks pass and i wanted it back, Enquire into whether goods can be returned etc. Assured that they will be, another couple of days and i enquire again and am simply ignored.

Now i'm assuming that hes gone and sold it.

Anything i can do? I would have kicked his door down already if i had a licence.
i too have been stung by this "friend" quint refeers to. i gave him a brand new atx case+psu, motherboard, processor and a few other bits and pieces under the understanding that they'd be used to set up a qwtf server (keep in mind this was a while back) which they havn't, i also think my parts have been sold off. he refuses to compensate me. not that i give much of a shit, mind you. it was a $100 case and a p3.
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Old 10th February 2004, 18:01     #10
chiquelet
Mrs Colin Farrell
 
Ask cyc, plain and simple. I'm sure he's done enough years of law to know the basics about verbal agreements.

And then post back here with what you find out, cos I'll be damned if I can remember anything about verbal contracts
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Old 10th February 2004, 18:33     #11
#Cookie
 
Here is my suggestion.... Borrow something from this friend that is worth rougly the same amount... Make sure it is something you dont mind hanging onto forever....

It works.
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Old 10th February 2004, 18:42     #12
Simon
SHG
 
It would appear that the word "Friend" in this thread is being used in a manner with which I am not familiar.
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Old 10th February 2004, 20:13     #13
Juju
get to da choppa
 
Would it not be possible to go down to the local police station, and tell them "xxx has stolen some of my property. He lives at yyy."


?


I mean, it is theft.
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Old 10th February 2004, 20:48     #14
cyc
Objection!
 
Oh, of course verbal contracts are binding, but you're gonna have to produce lots of circumstantial evidence to prove that you intended the goods to be returned blah blah.

You probably also have a case for the tort of conversion and under bailment laws too. Then again, you'll also likely run into issues proving your side of the story. And you're gonna sue someone over goods worth so little? Heck, I'm not even sure whether the Disputes Tribunal would be worth it.

The way you've used the word "friends" to describe the other people involved effectively makes the word a misnomer. One suspects that they are no friends and you're out of luck. Sorry!
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Old 10th February 2004, 22:59     #15
Reformed_Quint
 
Cheers cyc.
Looks like grevious bodily harm shall be dished out with shovels... litterally.
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Old 10th February 2004, 23:12     #16
Reformed_Quint
 
Oh, and for furture referance, Never ever buy ANYTHING from 'uberpc' (www.uberpc.co.nz) , as u'll probably end up buying stolen goods.
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Old 10th February 2004, 23:18     #17
Random Guy
 
Quote:
Originally posted by Reformed_Quint
Oh, and for furture referance, Never ever buy ANYTHING from 'uberpc' (www.uberpc.co.nz) , as u'll probably end up buying stolen goods.
Hmm interesting, he is advertising Vodafone prepay packs and recharge cards. I'm pretty sure he can't sell them, been down that road before, you need to be 'Vodafone Authorised' (ie a Vodafone shop)

Someone want to order one and let us know if it turns up?
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Old 10th February 2004, 23:22     #18
Danjah
 
Quote:
Originally posted by Random Guy
Hmm interesting, he is advertising Vodafone prepay packs and recharge cards. I'm pretty sure he can't sell them, been down that road before, you need to be 'Vodafone Authorised' (ie a Vodafone shop)

Someone want to order one and let us know if it turns up?
nah not as far as i know, city stop for example hits up retailers to see if they want to resell vodafone and a squillion other pre paid international calling cards.
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Old 10th February 2004, 23:27     #19
nostrom0
 
Re: Lending?

Quote:
Originally posted by Reformed_Quint
Lent a 'friend' a motherboard and some ram, for testing or something, it was understood and communicated that it'd be returned in a couple of days, or whenever i wanted it back.
Few weeks pass and i wanted it back, Enquire into whether goods can be returned etc. Assured that they will be, another couple of days and i enquire again and am simply ignored.

Now i'm assuming that hes gone and sold it.
Sounds like you have some great friends...
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Old 11th February 2004, 11:30     #20
InDarkDesire
 
Laugh DAMIEN

You want your motherboard, come and get it.
Its not my fault YOU are pissed at us because YOUR girlfriend left you!
And if you want to bring a shovel, go for it! I have a digital camera and i'll supply the pictures of YOUR smashed up face!
(people i doubt you'll ever see this, he's all talk)

And while you're trying to ruin our reputation because you're still having a hissy fit, try to come up with some evidence to support your claims.
1) How could we have gotten so many loyal customers, so quickly if we were not reputable?
2) we are authorised to re-sell vodafone.
3) If you really did have a legitemate complaint, wouldn't the police be at the door by now to get your motherboard? (which is nice and neatly packaged, waiting for them) since you made it quite clear that you would be getting them invovled when you were here last time.
4) The only reason you don't already have it, is that you came here without notice, when the person who borrowed it wasn't here, and I didn't know which motherboard it was. I wasn't about to let you in to look for it because you are NOT trustworthy. And anyway besides that, what business would let a customer go rummaging through thier workshop? I don't want my customer's components to go missing.
5)The understanding actually was, the motherboard would be sold to a customer who is HIS friend, and we would give him the money for it. Though this never happened because he had a spaz (strangely the same night he had an argument with his now ex-girlfriend) and demanded it back, which is fair enough because it is his. But he was also asked to give warning before he picked it up, because he KNEW it was in a customers PC.

You weren't so tough at the door, and I'm only a girl. But then again, computers seem to have this quality that can make a pussy in real life, all powerful.

Next time you want to have a bitch about someone, tell the truth. It's a rare, but appealing quality.
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Old 11th February 2004, 11:39     #21
jeff_sichoe
 
ohh bitch fight

quint vs unknown

who will win

only time

will tell
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Old 11th February 2004, 11:42     #22
-Statik
 
Re: DAMIEN

Quote:
Originally posted by InDarkDesire
I wasn't about to let you in to look for it because you are NOT trustworthy. And anyway besides that, what business would let a customer go rummaging through thier workshop? I don't want my customer's components to go missing. And anyway besides that, what business would let a customer go rummaging through thier workshop?
He lent his 'friend' a motherboard+ram etc etc, I'd say he would be pretty trustworthy. And why are you refering to him as a customer, he wasn't purchasing goods.

Retard.
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Old 11th February 2004, 11:51     #23
Lylmik
 
Re: Re: DAMIEN

Quote:
Originally posted by -Statik
He lent his 'friend' a motherboard+ram etc etc, I'd say he would be pretty trustworthy. And why are you refering to him as a customer, he wasn't purchasing goods.

Retard.
I sense you/we don't know the full story (or don't understand it properly), so I would wait to get clarification before you start name-calling.
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Old 11th February 2004, 11:56     #24
InDarkDesire
 
yeah, bitch fight it would be. Neither me, nor damien are masculine enough to claim otherwise. Well i'm a girl, what's his excuse?

He's no friend of mine, I don't trust him, never have, never will.

He is a customer, we were supposed to be selling goods on his behalf. I think that makes him a customer. What is your understanding of the word customer?

Retard
__________________
I find this thread hillarious, humiliating and stupid, but hillarious all the same. hooray for hindsight. foresight would be a wonderful thing. *note to self* never hold other peoples arguments for them cause they're too chicken shit to get involved. Uber can go suck balls.
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Old 11th February 2004, 12:11     #25
jeff_sichoe
 
ok, sorry, but if you didn't trust him (i assume you have your reasons.) then why did you agree to sell goods on his behalf?

you should have told him to get lost
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Old 11th February 2004, 12:15     #26
Frouse
 
Hi Guys, I'm a girl too!
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Old 11th February 2004, 12:17     #27
jeff_sichoe
 
want to have sex?

-edit- please
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Old 11th February 2004, 12:21     #28
InDarkDesire
 
You'd think a trade like that would be pretty safe. I mean, we had the motherboard, all we needed to do was give him the money when we sold it.
At the time, there was no reason to forsee that things would get like this. His (now ex) girlfriend and I are friends, and everything was sweet.

The reason this was agreed to in the first place, is that the said customer is or was Damien's friend and he couldn't afford a new motherboard, he was going to buy damien's motherboard, but now his PC is sitting useless in the workshop until we can find another seccond hand one the same.
__________________
I find this thread hillarious, humiliating and stupid, but hillarious all the same. hooray for hindsight. foresight would be a wonderful thing. *note to self* never hold other peoples arguments for them cause they're too chicken shit to get involved. Uber can go suck balls.
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Old 11th February 2004, 13:24     #29
Phantom
May contain nuts
 
Re: DAMIEN

Quote:
Originally posted by InDarkDesire
You want your motherboard, come and get it.

...

you made it quite clear that you would be getting [the police] invovled when you were here last time.
So... er... am I missing something? Why didn't you give it to him when he was there last time? Since when does a customer have to give notice when turning up to your premises? Why couldn't you say "oh shit, soz dude - gimme ten minutes? wanna coffee whilst you wait?"?

Seriously, your customer service (if your posts and your posts alone in this thread are anything to go by) sucks. Work on it, it will make the difference between "sink" and "swim" in the industry in which you have setup shop. And I know a thing or two about this

Additional: people don't generally threaten police action unless they feel wronged. The fact that he did it to you in person (as you stated yourself - see above quote) lends some credit to the fact that it did, in fact, happen. Which screams to me that you aren't exactly being helpful.

Why not just give the bloody thing back?

Last edited by Phantom : 11th February 2004 at 13:27.
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Old 11th February 2004, 13:26     #30
ZoSo
 
It's less dramatic that way.
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Old 11th February 2004, 13:30     #31
Torka
 
Laugh Re: DAMIEN

Quote:
Originally posted by InDarkDesire
And while you're trying to ruin our reputation
Pay attention. Your reputation on NZGames was already ruined here.
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Old 11th February 2004, 13:44     #32
Lightspeed
 
Cheesy grin

Sweet! I love these sorta threads, I canne believe I missed it.
__________________
Stay shook. No sook.
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Old 11th February 2004, 13:46     #33
Thomas
Showbiz Opera Walrus
 
Re: Re: DAMIEN

Quote:
Originally posted by Phantom

Why not just give the bloody thing back?
Enough with the logic!!! Some of us are enjoying this.
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Old 11th February 2004, 13:49     #34
CCS
Stunt Pants
 
Quote:
Originally posted by InDarkDesire
i'm a girl
Pics?

Oh wait...

Quote:
Profile For InDarkDesire
Biography Love internet, warhammer fb, metal, industrial, electronic. am pregnant
Location Whangarei
Whoa, BACK THE FUCK UP!
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Old 11th February 2004, 13:52     #35
Chingo De Mecos
 
o_O

So this guy was gonna beat up a pregnant chick?
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Old 11th February 2004, 13:53     #36
Lightspeed
 
Quote:
Originally posted by CCS

quote:
--------------------------------------------------------------------------------
Profile For InDarkDesire
Biography Love internet, warhammer fb, metal, industrial, electronic. am pregnant
Location Whangarei
--------------------------------------------------------------------------------

Whoa, BACK THE FUCK UP!
Aaaaahahahaha! Filthy Whangarei. On tourist pamphlets for Whangarei under the section "Things to do in Whangarei" only two things are listed:
1) Smoke P.
2) Impregnate a teenager.
__________________
Stay shook. No sook.
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Old 11th February 2004, 13:53     #37
InDarkDesire
 
<I>Why not just give the bloody thing back?</I>

As I said before, I didn't know which one it was and I do not trust him. I asked him to come back when somebody else was here who knew which one it was. He is quite welcome to come and get it, he is just not going to take even one step through my door.

Also, we do not have a shopfront just a workshop in our home, our customers don't come to us, we go to them unless it is previously arranged, and all of our customers (bar one it seems) are happy with that. We have an excellent reputation for our customer service.
Would you let somebody you didn't trust, come into your home?

I wasn't the one who began this hostility. The first time we knew he wanted it back, his exact words were "give it back or i'll break your hands."

This whole drama started exactly when his (now ex) girlfriend looked like breaking up with him. Apparently that's my fault because she has been spending a lot of time with me.

oh and

http://www.ourtribe.uberpc.co.nz/rawr2.JPG

One on right = Damiens ex, one on left = me
__________________
I find this thread hillarious, humiliating and stupid, but hillarious all the same. hooray for hindsight. foresight would be a wonderful thing. *note to self* never hold other peoples arguments for them cause they're too chicken shit to get involved. Uber can go suck balls.
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Old 11th February 2004, 13:54     #38
Mish
User Awaiting Email Confirmation
 
Re: Re: DAMIEN

Quote:
Originally posted by Torka
Pay attention. Your reputation on NZGames was already ruined here.
Like Lightspeed, I somehow missed that thread.

My god, that's just as silly as the whole compudyne thing, and look what's left of them: http://www.compudyne.co.nz

I wanted to take a look at the uberpc site but neither Xtra, Ihug or Paradise seem to be able to resolve it right this second.

*damn*.
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Old 11th February 2004, 13:54     #39
InDarkDesire
 
and yes.. i am pregnant..
and i guess if he was going to come around here with a shovel then that was his intention.
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Old 11th February 2004, 13:55     #40
Lightspeed
 
I'm sorry, why are you dealing with someone you don't trust?
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