Unbelievable Request from a Baord Member.

[68 Suburban]

I will not mention his name, unless he wants to make himself known. Here is the deal. Last September I listed some Vortec heads I had available. This board member contacted me telling me that he want the heads and did not have the money, but would send me $100 every week. I held the heads. 3 months later in December I still had not recieved any money. After numerous contacts, I told him that he needed to start making payments on the heads. After a couple of weeks I got $100 by paypal and the promise of more payments. Six months later I have not recieved anything else.

Now In May, I get this request PM'd to me:

Chris,
Obviously its been quit some time with reguards to me buying the vortec heads. Things have been really rough around here. I don't know when if ever I will be able to buy them. So I'm going to have to pass on buying them. I want to get my deposit back of $100.00 that I sent to you. I paid it thru Paypal, but I don't have paypal anymore so I would like it in a M/O. Thank-you. XXX

This was my response:

You have to be joking. It has been 9 months. You did not honor ANY part of our agreement. Deposit forfeited.

Christopher

Am I wrong here?

I will also note that there has been some post on the board about this same member not delivering what he has promised. If I ever were going to consider returning the $100 (which was not a deposit, but the initial payment in an agreement and I have no intention of returning it), I would make sure all board members would get their money back first.

[busterwivell]

Christopher, sounds like what goes around, comes around to me.......don't refund to him. That's storage fees!

[68 Suburban]

Originally Posted by busterwivell

Christopher, sounds like what goes around, comes around to me.......don't refund to him. That's storage fees!

My question is, even if this was considered a deposit, what is the sense of the deposit, if you don't honor what you say, and expect a deposit back?

[StingRay]

Christopher I'd say the cash is yours. You might have had many opportunities to sell the heads over a 9 month period for the same or a better selling price and missed out on them. Your buyer had plenty of time to straighten this out. If I was in your shoes I'd be keeping the money.

[cdowns]

screw him!!!!! i learned the lesson a long time ago. if you want it buy it, if you ain't got money there's somebody else that does !! and i shop the same way i won't ask for time to pay i can either afford to buy or i won't waste your time!!! only exception is the weekend (banks closed) but transaction should be closed on monday !!!

[68 Suburban]

I try to be understanding of peoples different money situations, but it bugs me when someone gives me their word and does not follow up on it.

Then I have read on the board he has done the same thing to other people and what I believe even worse. One board member sent him a part for FREE and just requested the shipping. The last I heard, that member still had not recieved the shipping cost That is low.

[1-PU70]

Well unless you told him the deposit or any payments made were not refundable when you made the deal I would consider returning the money.

[68 Suburban]

Originally Posted by 1-PU70

Well unless you told him the deposit or any payments made were not refundable when you made the deal I would consider returning the money.

Let me get this right. He reneges on a verbal agreement and he should be made whole?

[Blue68]

Do what you want, but how would you like to be treated? Who cares if he's mistreated someone, does mistreating him make you any better? And does it set any kind of precedent for him to see that people can be honorable?

I would send back the money since nothing really exchanged hands. You can still sell the heads and be a good guy at the same time.

If you put $2000 down on a 645 BMW at the dealership, then loose your job. Should the dealership refund your money?

[guyryan100]

would be different if it weren't for the time involved. had he asked for a refund after a couple of weeks due to money troubles, that's reasonable. After so many months of holding up your sellable parts, I agree that he looses the first installment/deposit.

[68 Suburban]

Originally Posted by Blue68

Do what you want, but how would you like to be treated? Who cares if he's mistreated someone, does mistreating him make you any better? And does it set any kind of precedent for him to see that people can be honorable?

I would send back the money since nothing really exchanged hands. You can still sell the heads and be a good guy at the same time.

If you put $2000 down on a 645 BMW at the dealership, then loose your job. Should the dealership refund your money?

If you put $2000 down and made an agreement to pay monthly, and it is 9 months later and no payment has been made according to the agreement? YES, the dealership should KEEP the money. Compare apples with apples.

[68 Suburban]

Originally Posted by guyryan100

would be different if it weren't for the time involved. had he asked for a refund after a couple of weeks due to money troubles, that's reasonable. After so many months of holding up your sellable parts, I agree that he looses the first installment/deposit.

Exactly. No contact, no explanation, nothing.

[sactoC10]

JUST AN OPINION...

First, in your support... you went way above and beyond for him, even considering the offer- kudos to you. You went further by waiting as long as you did- more kudos.

Yet, no item was sold, and that is something to consider. Your seller ought to just walk and forfeit the money for the time you wasted. Yet since he didn't, I be more creative in my means to make things square.

With the PayPal trans, a few bucks were lost. Buying a Money order will cost another buck, mailing it...some more change, plus the hassle of doing all that.

Since this has taken place over nine months, I'd say. Sure, I'll refund your money if: #1) I can pay it back via PayPal #2) I can pay it back in monthly installments over the same duration of time that you've wasted with me.

See, I don't think it's fair for that person to have dinked you around. Yet I do not think it is any better for you to keep the money, if it is not given to you or there was no intial understanding that it was a non-refundable deposit. If you get it back, even if $1 a week for 100 weeks... all is well.

In my humble opinion!
Jeff

[68 Suburban]

Originally Posted by sactoC10

See, I don't think it fair for that person to haev dinked you around. Yet I do not think it is any better for you to keep the money, if it is not given to you or there was no intial understanding that it was a non-refundable deposit. If you get it back, even if $1 a week for 100 weeks... all is well.


Jeff

I guess when I give a deposit on anything, I accept the fact that is showing that I am giving my word that I am going to follow through with my promise, unless other wise stated. That is how I look at a deposit.

Second, the value of the heads are not what they were 9 months ago. Meaning I would lose money by having sat on them. Vortec heads from what I have seen, are cheaper now than they were 9 months ago.

[Burnsman]

Christopher, been in your shoes many times. I nhate it. It has gotten me to the point that lately, between the board, local guys, and ebay stiffing me, I'm about ready to take a hibernation period from the truck thing. It's driving me nuts. A deal is a deal. Be responsible. I'd tell him to stick it, but I guess that's just me. I am out about $1000 for various people at this given point. I try to be reasonable, but after a while, I feel like everyone starts taking advantage of it and thinks I'm a bank. If I decide to sell something, usually it's because I need the money for something else on my trucks. Therefor, by not paying me, I can't work on my own stuff. I have given a few board members deposits back (even on whole trucks that they paid for, but never picked up then decide they don't want them). In the meantime, I have told 50 other guys that they are sold. It causes frustration, relisting of the part, and the lack of use of that money for a period of time. I think it's time to quit babying people and tough luck. I try to honor every commitment I make. I have even been screwed on here. I fight for what's right and if it doesn't come whole, I suck it up like a man and try to learn from the experience. Oh well, maybe I woke up on the wrong side of the bed today! Brian

[68 Suburban]

Originally Posted by Burnsman

Christopher, been in your shoes many times. I nhate it. It has gotten me to the point that lately, between the board, local guys, and ebay stiffing me, I'm about ready to take a hibernation period from the truck thing. It's driving me nuts. A deal is a deal. Be responsible. I'd tell him to stick it, but I guess that's just me. I am out about $1000 for various people at this given point. I try to be reasonable, but after a while, I feel like everyone starts taking advantage of it and thinks I'm a bank. If I decide to sell something, usually it's because I need the money for something else on my trucks. Therefor, by not paying me, I can't work on my own stuff. I have given a few board members deposits back (even on whole trucks that they paid for, but never picked up then decide they don't want them). In the meantime, I have told 50 other guys that they are sold. It causes frustration, relisting of the part, and the lack of use of that money for a period of time. I think it's time to quit babying people and tough luck. I try to honor every commitment I make. I have even been screwed on here. I fight for what's right and if it doesn't come whole, I suck it up like a man and try to learn from the experience. Oh well, maybe I woke up on the wrong side of the bed today! Brian

Brian, I understand completely. I am not here to screw people and keep their money. I have had a lot of transactions with people on the board and on Ebay and I would say 99.9% of the time they have been great. When I offered these heads I wanted to use the money for something else, but I figured I would give the guy a break and work with him. Here I sit 9 months later with a bunch of broken promises. No contact for 6 months. A item that is not worth what it was 9 months ago. And this guy wants to be made "whole". I have been understanding with people in the past and refunded stuff when I feel I should not have. The big difference was they made every attempt to communicate with me and keep me informed!! I understand that people can have hard luck, but this guy has a track record of NOT keeping his word. This same member has an ebay rating of 78.9%. With numerous responses going back to March 2003 that the Buyer never paid as agreed. Is this someone that is recently down on their luck, or someone that does not honor their word? I also mention earlier that he has done the same thing with other board members? I have kept every part of my agreement, and then some.

[Rdrdave]

A similar situation occured with me. A guy wanted to buy my K5! I was stoked. Then he comes up with some payment plan that he wants, 1K this week, another in a month, and then finish paying it in a few more week after. All the while, having possession of the K5! I told him to leave me a $100 bill if he was truly interested. I'd put it in a garage and when he came up with the money by a certain date, the $100 would be put on the balance of the price. If he wasn't going to get it by the date, or negates on the deal he loses the money. He didn't want the conditions because he would lose out! It was $100! If my K5 gets stolen, who loses then! Or if anything else happened! The registration would still be in my name (tickets), pink in my name (crime, robbery, etc), damage or total of vehicle ("hmm I don't want it anymore"). I told him to save his money, to give me a call when he was ready, and if I still had it was his. Repo men don't give you back your $$ when you negate on a debt, nor do dealerships.

[sactoC10]

Yeah... if it were me, and I needed to flake out on something like this, I'd accept that I blew it and simple "give" up the money already spent as a deposit. I'd let the money go as a "thanks" for even allowing me the chance. Yet if the buyer here is not willing to do such a thing, then I'd (with probably a serious grudge for a while) do what I can to get the money back, just to "wash my hands" of the mess and that person. But then, we all have bad days...maybe today I am just having a good one.

It sucks when people do not follow through as they say they will.

[Rdrdave]

In God We Trust All Others Pay Cash!

[teeitup]

Its amazing isn't it Christopher, if he paid you the $100 to buy them and he backs out, the $100 is yours as far as I'm concerned, I have a few guys ask me to hold stuff for them, I only do it for a very, very few, and only guys that deal with me alot. If I say I want something I buy it no matter. As you say, you the seller loses money if you hold it and tell others it is sold, money out of your pocket, lost if someone backs out on you. I have had that happen sometimes guys say they want something and never get back with you, frustrates me. I got a guy right now on Ebay that bought some stuff and I've emailed him 5 times and he has never replied to me once yet, WHY the Hell bid if you don't want to follow through. Or why say you want something then not reply for months to pm's or emails. I've only had 2 deals on Ebay go bad, I've had more than that on the board say they want something and then never get back with me. Anyway hang in there to me its your $100!!! I LOVE THIS BOARD still!!

[Putter]

Just try that kind of crap at a local store with a Lay-a-way department. You get them to hold your stuff, put a deposit down and promise to pay the balance by a certain date. If you don't, they put your $#it back on the shelf and pocket the money. That's how the world rotates. I assume he doesn't live real close to where you are. Tell him he can have his money back, but he has to come and pick it up in person and provide identification to prove it's him (unless you recognize him). He'll spend the money in GAS!

[mhicks]

What do you want for the heads?

[68 Suburban]

Originally Posted by mhicks

What do you want for the heads?

Well he agreed to $400 with the intake, plus shipping. He still can buy them for what he owes, but I will only hold them for 2 weeks from today.

PS. I aint going through the hasle of shipping any more. I might drop them off at a UPS store and let them handle it at his expense, or he can pick them up.

[Bill72BB]

I think I agree with you on this Chris ,it's been a long time and you should have gotten your money or been able to sell the heads already.
I'm still holding a tailgate that a member paid me in full for waiting for him or his brother to pick it up.
Beside's they can't find you unless they contact me ,and I destroyed the paper trail.

[boraxman]

I think youve been way to nice already by holding, waiting, payment plan. By all rights the money is yours. If the situation was reversed would you expect the money returned? I wouldnt even ask.

I wouldnt think twice about keeping the money and i'd be very pissed.

I would also give him one more chance(however long it takes to mail) to pay in full or forfit....JMO of course.