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In Reply to: RE: Help Needed posted by thetubeguy1954 on March 07, 2016 at 06:26:54
I typically stay out of these "personal issue" threads, but this one is so ridiculous that I can't resist.Also, I suspect that there's more to this story than you're telling us. For example, why would he be upset with you for not having the speakers boxed up and ready to go after 3 days unless that was what he expected? So then you box them up, tell him they're ready (you DID tell him they're ready, didn't you?), and poof, he doesn't demand his money back, and you never hear from him again? That doesn't pass the smell test. Then, you dream up some cockamamy idea that he owes you storage rent. Are you serious? Did he agree to that? Then, you delete all his emails (that's pretty dumb) so your only way to contact him (presumably) is to post a message on the Audio Asylum, and you have no way to document your communications. Ha! Then, he suddenly reappears - right after you've sold the drivers again. Huh.
You asked for help, so here's help: This is an open-and-shut case for any attorney who's familiar with breach of contract cases. Find one or three in your area, and get their opinion, rather than asking a bunch of folks on an Internet audio forum. Your first consultation might even be free. Hope this helps.
Edits: 03/07/16 03/07/16Follow Ups:
Hi Inmate,Thanks for your advice. Everything I stated was honestly as it occurred. email me at thetubeguy1954@yahoo.com and I'll forward a copy of the email the original buyer just sent me where I gave him the weight and dimensions of the box to be picked up! Yes I told him they were ready and I never heard again from him in 2 years!!! Sometimes crazy stuff happens to the best of us. I've decided the recent purchaser did nothing wrong and deserves the drivers because I have no cash left to send him.
The original purchaser messed up in many ways.
1) I had the drivers for sale in N. America only and he told me if I would sell the drivers to him, he would have them picked up at my home but in the 27 months that passed since he purchased the drivers that never happened. He should of never said he would do this if he didn't know whether he could do so or not!
2) He never, ever attempted to contact me again after 4/2014. Up to that point he stayed in touch about every week IIRC. After that nothing. No matter what anyone believes that's the truth to the best of my memory. If they original purchaser can send me the latest email in which we exchanged words, I'll be happy to repost that date!
3) Had he contacted me anytime in these last 2 years we could have discussed whatever situation might have arisen. But it's HIS FAULT, NOT MINE we are now in this position. Why? Because on or about 2/24 my wife was fed up with that box in our bedroom and told me the next time I left the house, she was going to put the box out on the street corner with a sign that said; FREE on it! The very next day I attempted to contact Jan here in the forum we always discussed the drivers in. On 3/1/2017 I placed them for sale again! I got a reprieve from my wife after showing I was attempting to sell them ---{ and get rid of the box again }--- so if I didn't do this, they would have been gone and the original purchaser still wouldn't have received them. Some passer by who saw a box marked "FREE" outside my home would have now instead!
4) Since two years passed ---{ a period of time in which I never agreed to keep the drivers for the seller, because they were "supposed" to be picked up quickly. However as long as the original seller continued to keep in touch with me about the reasons why the box wasn't picked up yet. I worked with him. However on 4/2014 I received his last email which said; "I think I have fixed it now, I just needed to change the order from "shipping" to "return shipping" because it is from a foreign country. But I need the actual size of the box, and the weight, in order to fill inn all the necessary info they request. Do you have this readily available?" }--- since after I provided the weight and dimensions of the box and that darn box sat in my bedroom and was the cause of numerous arguments between my wife and I!
I believe it warrants a storage fee of $25 a month or $5.77 a week for all the mental anguish I had to put up with for these past two years! That said, starting next month I'll start sending the original purchaser $50 a month from my Social Security payments ---{ which by Federal law is unable to be garnished. See link below. }--- and that will continue for 32 months from 4/2016 until the final payment is made on 12/2019 or so I believe. Who knows maybe I'll be able to send more on some months. Much will depend on how the first buyer receives my offer. It's the best I can do, unless circumstances change.
I'm not trying to be mean, nor am I trying to hurt anyone ---{ despite the original purchaser not caring how much his not contacting me or having this box picked up, was affecting my circumstances }--- I'm just attempting to get out of a fiasco the original purchaser placed me in by not sending a shipping/parcel company to pick up this darn box in the past 2 years! And yet I want to make him whole again.
Thetubeguy1954 (Tom Scata)
Central Florida Audio Society -- SETriodes Group -- Space Coast Audio Society
Full-range/Wide-range Drivers --- Front & Back-Loaded Horns --- High Sensitivity Speakers
Edits: 03/07/16
...OTOH Tubedude isn't looking for advice, he's looking for sympathy and support for a dubious decision he's already made. He didn't quite get that.
Sorry Steve-O but you're mistaken. I seriously was looking to see how others viewed my situation. I can see many don't even believe I'm telling the truth, but I am. When a problem occurs in my life I think of it as a diamond, i.e., it has many faucets from which it can be viewed. By asking others their opinions I get to " view " many faucets I might have missed if I didn't ask for their opinions. I've made my final decision whether others here agree with it is alright with me. I have great feedback on Audiogon as tcscata and eBay as thetubeguy1954. This is a deal that went bad because the original purchaser stopped contacting me on 4/2014.
My wife was fed-up with the box of drivers and ready to put it on the street corner in front of our home with a sign that said; "FREE" the next time I went out and in the manufactured home community in which I live, it would have been out there about 10 minutes, if that! So the original purchaser would have been out the drivers anyway if that happened. I honestly wonder if you guys had no place to keep a box in your home besides your bedroom and your wife was nagging at you almost everyday for 2 years to get rid of it or she will, what you would do? Would it still seem like it's a problem of YOUR making and not the original buyers? Plus remember I'm disabled and I cannot move the box by myself...
Thetubeguy1954 (Tom Scata)
Central Florida Audio Society -- SETriodes Group -- Space Coast Audio Society
Full-range/Wide-range Drivers --- Front & Back-Loaded Horns --- High Sensitivity Speakers
...and my perception of the story as you tell it describes a situation where you made a couple of bad decisions that have come home to roost. You then come here ostensibly seeking "advice" when it's pretty clear from some of your responses to others that you had already decided on a course of action prior to posting. What can one conclude but a desire for sympathy and support?
FWIW, if I were in your position I'd refund the full $1,600 to the first "buyer". I actually would have done that two or whatever years ago. If I had unwisely decided to spend the $$ received before consummating the deal and didn't have ready cash to refund, I'd sell whatever might necessary to raise the cash to make good with the first buyer in a timely manner. And I definitely wouldn't attempt to charge a storage fee for the stuff not shipped. That's embarrassingly desperate. But that's just me.
Hello again Steve-O! Well I attempted to provide you with my real reasons why I asked for others opinions. `But you seem stuck on believing I want sympathy. After much prayer & consideration I've decided to send the original buyer the complete $1600 in monthly installments of $50 ---{ or more if I can on some months }--- until the entire $1600 is paid back. That will take 32 payments, but he will be made whole again. Unlike you I don't have much sympathy for the original buyer and I pray you'll never be in a similar situation. That makes him whole again and doesn't place undue stress on my monthly fixed income. Thanks for your advice and opinion. Hearing different opinions helped me to form my final decision.
Thetubeguy1954 (Tom Scata)
Central Florida Audio Society -- SETriodes Group -- Space Coast Audio Society
Full-range/Wide-range Drivers --- Front & Back-Loaded Horns --- High Sensitivity Speakers
"I've decided to send the original buyer the complete $1600 in monthly installments of $50 ---{or more if I can on some months}--- until the entire $1600 is paid back. That will take 32 payments, but he will be made whole again."
And the original buyer has agreed to this? I bet "not".
No he hasn't, but it's the best I can do for him. At least I'm trying to make him whole again. Otherwise I guess he'll have to try and sue me for my non-garnishable monthly SSI payments.
Thetubeguy1954 (Tom Scata)
Central Florida Audio Society -- SETriodes Group -- Space Coast Audio Society
Full-range/Wide-range Drivers --- Front & Back-Loaded Horns --- High Sensitivity Speakers
...it's a start and certainly better than attempting to charge the stiffed buyer "storage fees". Revesing things a bit, the buyer is probably justified in charging interest on the unpaid balance.
I feel he's lucky I'm going to refund his entire $1600 ---{ even if all I can afford is $50 a month }--- considering all the problems he caused me with my wife and having that darn box sitting in our bedroom for 2 years. Especially when all he had to do was arrange for it to be picked up at my address as he agreed to do when purchasing these drivers! I only wanted to sell in N. America and he pleaded with me to sell them to him in Norway. That's why he agreed to have the parcel picked up at my home. Why did he wit 2 years and do nothing? I notice despite being an AA member he's being totally silent on this matter! Why? Because he knows it was all his fault, period!
Thetubeguy1954 (Tom Scata)
Central Florida Audio Society -- SETriodes Group -- Space Coast Audio Society
Full-range/Wide-range Drivers --- Front & Back-Loaded Horns --- High Sensitivity Speakers
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