Unbelievable Request from a Baord Member.

[68 Suburban]

Originally Posted by Purpleslammed69

Ask him what he would rather have,his money back and name posted so noone else would ever deal with him or you keep the money and keep quiet.......lol.Wonder which one he would choose?

I think we know the answer to that one, since I have not seen him post here

[8door]

Christopher, Wow this situation has evoked a lot of conversation, no doubt this is a sensitive subject for all of us.
You seem to be very concerned with the solution.That's admireable, here is my thought for you.
Sell the heads to someone else, he as already said he won't take them. If your selling price is below what you asked originally, then keep the difference.Absolutally nothing wrong with that. Then if you sell for more or the same price all you have lost is time. Time is money and you then have the opportunity to return what you feel like, less any expense ie.money order ,mailing, envelope etc.
Remember these are you heads not his.Life is a way to short to go any further. Do what you feel is right for you.
Chris

[74KDD]

Ok ... here's my response.

I think we all know where you're coming from. You certainly have a right to be upset -- and probably more than $100 worth of upsetness.

However -- I always ask myself this question:
Does this guy really need the money more than I do? If he does, then as much of a shame as it is, I give them the money back. If you feel you need the money more than he does -- keep it.

I personally beleive that in these kind of cases there really is no "right" or "wrong" answer. You're making your best judgement (or business decision). It really comes down to you as a person -- how you will feel the most comfortable, and the decision where you will be able to sleep good at night.

Who really needs the money the most?

[68w/sbc406]

if you kept the money i would still do bussiness with you. nine months is way too long. if it were like 2 weeks i might be on the give the money back side but it wasn't, it was 9 months. would you borrow 400 bucks from a stranger? i wouldnt and i wouldnt ask for payment plans either. thats why god invented credit cards. so the stupid people can buy stuff they cant afford

[mr402]

If you wanted to be nice (and I'm not saying you should be) you could always go ahead and sell the heads for whatever you can get. You could then refund what ever the difference is between the selling price and what you agreed on with this guy. Maybe he gets it all back, gets $10 or nothing.

[busterwivell]

Well, if you had been the bank, and had a $100.00 down payment on a truck, and never any payments for nine months, they would have the truck and it would be over. Done deal!

[craigg1]

Yea, that is a tough call to make, but like others have said it comes down to the individual person. If it were me, I would probably give the money back. If I were the seller and let the guy make payments over a period of time and I saw that payments were not hardly made within the first month, I would have probably told the guy I was refunding his money and reselling the item to someone who can pay. But with that said I wouldn't think differently of you on weather you kept the money or sent it back. Just by giving the guy up to nine months shows you were more than willing to work with him. Thats just an individual call.

[lux hauler]

Originally Posted by busterwivell

Well, if you had been the bank, and had a $100.00 down payment on a truck, and never any payments for nine months, they would have the truck and it would be over. Done deal!

That's what I was trying to say in my above post......guess I should have read them all before posting.

[glock35ipsc]

ALL deposits should be non-refundable in my opinion. For anything, motels, car rental, buying something from a private party, whatever.

What the hell good is a deposit if the person knows they are going to get the money back if they decide to back out of the deal? A deposit is suposed to say "I promise to do this xxxxxxxx, and if I don't, you keep this for your troubles."

I just cancelled a campground reservation because we can't make it that weekend. Do you think I got my deposit back? Nope, didn't expect it either.

[boraxman]

You know what, screw him, if he wanted the heads he should have paid by now. This wasnt even a deposit, it was a first payment. Payments dont come, you dont get prouduct, not only that but in the real world it would screw your credit. A true businessman would never give a dime back. If he cant afford it thats his problem. Dont buy stuff you cant pay for period.

I, by reading this thread will never take payments for anything.


Cash and carry.

[fine69]

Ok. I have been dealing with Chris for several years now. He even went out of his way to bring me a Dingo. And i couldnt beat the price i might add.
He is outstanding to deal with. Sounds like he has gone out of his way on this deal as well.
The point is, NO deal was made that the $100 was to be returned. For any reason. Tough crap.
Free money is AWESOME. I have had a couple times where i made some. He knew he owed Chris. He chose to ignore the situation.
Someone having hard times is not my problem. I have had them myself. However, i would be more than willing to work with someone.
It is called ASKING.
Hmmmm, Chris? Send me the $100 and get that money monkey off your back. I wont feel bad at all.

[Porkchop]

The money is yours.
If it were me, I would give it back because I am not heavy into selling parts and don't go through this as much as you guys. If you just happened to have those heads lying around and were just trying to get rid of them without too much concern for making a profit, then I would give the money back since you weren't concerned with the profit. However, if you were advertising, attempting to make a profit, and expecting that income, then I wouldn't give the money back. Since you say you have alot of transactions with people, then it sounds like you sell parts to make a little extra money. Therefore you are a business and you can't mess around with idiots who don't pay. By letting those heads sit, you lost out on alot of advertising time. You lost out on more than $100. If you let one person slide, then you'll have to let the next person slide. Don't give the money back.

I have tried to sell VW parts and some truck parts on the internet; its not a good experience and I wonder how all the venders here can handle it. I am so sick of all of the "dreamers" that request pictures, show interest, and even agree to buy the part, and then you never hear from them again. Buyers are very obnoxious people especially on the internet. I guess they figure since they aren't face to face, they can make and break agreements. People don't act the same way face to face as they do on the internet. Why is that? Because it takes more action to make a deal in real life than on the internet. On the internet, all you have to do is type "I want the part" and click "send". That's easy to back out on. If you back out on an internet deal, you know you will never have to talk to that person again.

And another thing, why is anyone making payments on a $400 part? Compared to living expenses, $400 is not alot of money, and if you don't have that little bit of money to make one full payment, then you need to be worrying about other things than performance upgrades on a truck. I am never going to take payments on things that aren't expensive. If a person wants to make payments on an inexpensive part, then chances are they will never have the money. If you are one of these people, why don't you just make payments to a jar under your bed, and when you have it all THEN contact the seller, otherwise you are only dreaming.

[rolson1039]

I really wasnt going to reply to this thread but lol the more i thought of it the more i felt the need to add my two cents.....
LOLOLYouve had his hundred dollars for nine months i think it should be refunded with interest i mean you could have invested it and made all kinds of money you coulda bet it on the dog at the track that did its business before the race and made a mint!! After refunding it with the interest i think you should send the boy the heads and intake GIFTWRAPPED with a big bow on it
that should make him very happy ( and it has about as much chance of happening as icicles in hell)LOLOLOL

Actually, Christopher, while you and i have butted heads on here a few times as weve had opposing views i think youre 100% right to keep the money under the circumstances you outline here. Not only did you hold the items that have declined in value, but he did not make any effort to hold up his end of the bargain. I dont see how you should not be compensated for holding up your end of the bargain...there comes a point where people should forefit a deposit out of decency, this is well beyond that

[Tynee]

Perhaps the two of you could work something out like he forfeits half. Just a suggestion.

[68 Suburban]

Originally Posted by Tynee

Perhaps the two of you could work something out like he forfeits half. Just a suggestion.

I have worked it out. I am still keeping the heads available to him for 2 more weeks from yesterday, and giving him a chance not to loose his payment of $100, by completing the transaction. Or, someone on the board is more than welcome to purchase these heads for $400, and I will give him his $100 back. It is not like I said, no heads, no money. I am still offering him what we agreed upon 9 months ago.

[rage'nrat638]

send him a 100.00 worth of monopoly money...DOHOOO.......

[70c10]

I had a board member who bugged me for a new bumper for like 8 months. When he was finally "ready" to buy it he wanted to send me a few bucks a week until the $90 was paid off. I told him to just hold the cash until he had it all. ragenrat's idea is pretty good!

[Cat Fuzz]

Christopher, your too nice a guy. I'm with almost everyone else here. You should keep the money. Sounds like this guy has a pattern of dreaming big with a little wallet. Maybe losing the hundred bucks might change his financial habits. I've learned the hard way that instant gratification will come back and bite you in the ass later. Now my policy is, if I can't pay cash for it now, I'll wait till I can.

[dave3156]

Well it looks like you have gotten $1000 worth of advice over $100. To most of us on this board the issue isn't the $100. It is more of the point that he didn't follow through with his agreement. Just decide what you feel in your gut is right, and go with it.

[rn2fine]

I agree with Cat Fuzz that you are too nice Chris. Allowing someone to make payments to you was very thoughtful but not something that I would not be comfortable in doing. If someone needs to make payments on something it is a sign that they should have been making payments to themself and saving up money so that they have money ready to make the purchase.

[68 Suburban]

Originally Posted by rn2fine

I agree with Cat Fuzz that you are too nice Chris. Allowing someone to make payments to you was very thoughtful but not something that I would not be comfortable in doing. If someone needs to make payments on something it is a sign that they should have been making payments to themself and saving up money so that they have money ready to make the purchase.

Believe me. I will NEVER make this mistake again.

[RON WOODGEARD]

When you put something On lay-away you can go back anytime and get your money refunded.. It's a law, A law I know from Owning the jewelery store.. Lay-aways are very common in jewelery. And I had to return probably money 5 times over the course of 6 years.
This deal wasn't set up in a legal binding way, You don't have a business license, nor was there any agreement signed ahead of time as is in a retail sales outlet.

Did you tell this member "the payment was a Non-Refundable Down payment?

You gotta do what you gotta do,,, If you think it's right not to send his money back, then it really doesn't matter what any one person on this board says, You don't need our/their approval.
nine months is a long time to have merchandise tied up in a deal, You went way further on the forgiving side then I ever would have.. When the guy missed his "first" installment, I would have told him he needed to pay up in full, if he didn't or couldn't, I would have sent his money back and went on to the next guy/gal in line.

If this guy has done this sort of thing here already we all need to know who he is so he doesn't do this type of thing to others. He may be very well meaning, but he's apparently getting in over his head in financial obligation and can't fulfill...

[lukecp]

I don't feel like reading this entire thread (darn dial up...), so forgive me if i missed something on the second or third pages.

I admit that sometimes i am an overely nice guy, but i would give him the money back and not deal with him again. Its not like the heads went down in value. That is if you really didn't need the $400 anyway. If you did i would keep it, being that you had to wait 9 months for it.
Still, i can see where you are coming from. 9 months is a long time, that was like what, back in August?
If i were in your shoes i would proably give it back, but i could understand you not wanting to give it back especially if they guy was dicking you around. JMO.

[68 Suburban]

http://public.findlaw.com/newcontent...h9/st5/tl.html

A breach of contract - also called a default - is one party's failure, without a legally valid excuse, to live up to any of his or her responsibilities under a contract. A breach can occur by:

failure to perform as promised;
making it impossible for the other party to perform;
repudiation of the contract (announcing an intent not to perform).

What qualifies as a failure to perform?

One party must not have performed a material part of the contract by a reasonable (or stated) deadline. Suppose your friend promised to buy your Yugo for $1,000, and to pay you "sometime early next week." It would be a material breach for your friend never to pay you, or to pay you six months later. If your friend paid you on Thursday of next week, however, it probably would not be a breach. You did not explicitly make time an essential part of the contract - the source of the phrase "time is of the essence."

Layaway laws set up for business, and how individuals conduct a contracts are two very different things. Even if this was considered layaway like a business would conduct, the 7 months of non-action from the purchaser, would negate any claim he might have for any type of refund. He did not perform as agreed. He did not make timely payments as agreed, nor did he request a refund in any timely manner.

Ron, you said you had to re-think your layaway pollicy? Are you referring as a business or and individual?

[4props]

Tell him you will send him his $100 in about nine months because your a little strapped for cash.