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wisdomx

join:2012-09-07

Advice

So i sold a computer to someone I have dealt with on Kijiji in the past. He gave a partial payment with the rest paid by Friday or Saturday of last week. This never happened. He still has the computer and has given tons of excuses. I offered to give a cheque post dated for the amount that he paid, but he refused. Now he is not accepting calls or texts. Is this a civil matter? Or should I et the police involved?


donoreo
Premium
join:2002-05-30
North York, ON
Civil matter, police will not help. Always get payment in full. Even if you go to small claims court and win you may never recover the money.


loosedobbs

join:2006-06-13
Toronto
reply to wisdomx
This is like lending money to a friend on promise of getting back in few days. Now the money and friend is gone. Bad luck my friend.


HiVolt
Premium
join:2000-12-28
Toronto, ON
kudos:21
reply to wisdomx
Looks like you got screwed by accepting a partial payment...
--
F**K THE NHL. Go Blue Jays 2013!!!

peterboro
Avatars are for posers
Premium
join:2006-11-03
Peterborough, ON
reply to wisdomx
Civil. You extended credit. Even if you had given him 10 minutes to run to a bank machine it is still credit. Mind you some cops will try to scare you with a charge.


Kitlope

join:2004-07-29
Edmonton, Ab
reply to wisdomx
Yup, even though a lot of us wanna help others a partial payment is just asking for not getting all of it in full.

I went through this myself a few months ago, I had some PC parts kicking around so I put together a computer for a neighbor early 20 something kid that didn't have a desktop and that's very broke, low paying job, 2 kids wife at home and all that. But I like the guy. Put together an Intel socket 775 with an older quad core, 8 GB DDR2 ram, ATI 5870 video card, Windows 7... plays Battlefield 3 decent but no framebuster or anything. Anyhoo, all I needed was a power supply and I told him that all I wanted was the money for the P/S, I picked one up on sale. As much as I wanted to give it to him as soon as it was done I knew better. So I held onto it, for better than a week until his pay-day and he gave me the $60.00 for the P/S and I gave the pc to him. Granted, he was still getting a hellova deal but keep in mind I wasn't doing this to make money.

Just 2 weeks ago he got evicted because of struggles paying the rent


dirtyjeffer
Anons on ignore, but not due to fear.
Premium
join:2002-02-21
London, ON
said by Kitlope:

Just 2 weeks ago he got evicted because of struggles paying the rent

well, good thing he bought that computer.


Anav
Sarcastic Llama? Naw, Just Acerbic
Premium
join:2001-07-16
Dartmouth, NS
kudos:5
reply to wisdomx
Perhaps suggest a longer term payback. $10 per week etc........

peterboro
Avatars are for posers
Premium
join:2006-11-03
Peterborough, ON
reply to wisdomx
I sell a lot on Kijiji all over Canada and there are only two safe ways to get paid. Cash or email (Interac) money transfer.


LazMan
Premium
join:2003-03-26
canada
reply to wisdomx
You're boned...

Moral of the story - offer a very simple payment plan; with a simple to understand installment program...

One installment, of the full payment.

And never advance the item until it's been paid for... Friends, family, strangers - I treat everyone the same; it's easier in the long run; but also don't take deposits, either. Just keep the transaction as compact and simple as possible, from now on.

I've been burned by "friends" far more often then strangers.

It's a civil matter, but depending on the dollars involved, probably not worth pursuing... Now, if he'd given you a cheque, and it was no good, that could be considered fraud, and criminal... But that's not the case here, from what you've said.


Kitlope

join:2004-07-29
Edmonton, Ab
reply to dirtyjeffer
said by dirtyjeffer:

said by Kitlope:

Just 2 weeks ago he got evicted because of struggles paying the rent

well, good thing he bought that computer.

He bought it back in November, his struggles were in February and was booted a week into March. Perhaps I should have ate up the cost of the P/S but apparentely I'm just not that nice of a person


capdjq
Premium
join:2000-11-01
Vancouver
reply to wisdomx
As far as I'm concerned, "Credit is dead. Trust killed him".


urbanriot
Premium
join:2004-10-18
Canada
kudos:3
Reviews:
·Cogeco Cable
reply to wisdomx
said by wisdomx:

Is this a civil matter? Or should I et the police involved?

Civil matter... do you have his address?

How much is still owing?


ZZZZZZZ
Premium
join:2001-05-27
PARADISE
kudos:1
reply to wisdomx
If you have a record of the transaction,with the amount paid and his signature ,then you can nail him in court.

Short of that good luck getting any cash out of him ,even in civil court.

His word against yours.

I'd just pay him a visit and explain the consequences of not paying.
--
Sarcasm is the body’s natural defense against stupidity.


Gone
Premium
join:2011-01-24
Fort Erie, ON
kudos:4
said by ZZZZZZZ:

If you have a record of the transaction,with the amount paid and his signature ,then you can nail him in court.

Nailing someone in court means nothing until the money is in your bank account.

The OP is SOL. Take it as a learning experience and move on.


dirtyjeffer
Anons on ignore, but not due to fear.
Premium
join:2002-02-21
London, ON
reply to Kitlope
said by Kitlope:

said by dirtyjeffer:

said by Kitlope:

Just 2 weeks ago he got evicted because of struggles paying the rent

well, good thing he bought that computer.

He bought it back in November, his struggles were in February and was booted a week into March. Perhaps I should have ate up the cost of the P/S but apparentely I'm just not that nice of a person

oh, i wasn't giving you the gears...my point was that it was quite likely his finances were in shambles when he bought the computer in the first place.
--
People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

- George Orwell


donoreo
Premium
join:2002-05-30
North York, ON
reply to Gone
said by Gone:

said by ZZZZZZZ:

If you have a record of the transaction,with the amount paid and his signature ,then you can nail him in court.

Nailing someone in court means nothing until the money is in your bank account.

The OP is SOL. Take it as a learning experience and move on.

Exactly. My wife won a small claims court case in the 90's. She has still not seen the money.
--
The irony of common sense, it is not that common.
I cannot deny anything I did not say.
A kitten dies every time someone uses "then" and "than" incorrectly.
I mock people who give their children odd spelling of names.

markf

join:2008-01-24
Burlington, ON
kudos:1
Reviews:
·WIND Mobile
·ELECTRONICBOX
·Execulink Telecom
reply to dirtyjeffer
said by dirtyjeffer:

oh, i wasn't giving you the gears...my point was that it was quite likely his finances were in shambles when he bought the computer in the first place.

If it was an official eviction, his money troubles started well before February, but as an adult that's his problem, not yours. You were quite generous with the guy.

As for the OP's situation, unless it is a significant amount of money, even small claims court may be more trouble than its worth, especially if there is little chance of collecting. Some people have no honour and don't care who they rip off.

Maybe send him a letter threatening legal consequences, but beyond that you may want to be careful, if he's a regular scammer he probably knows how to play the system better than anyone else (and find a way to get you charged with harassment, threatening, etc.)


ArthurS
Watch Those Blinking Lights
Premium
join:2000-10-28
Hamilton, ON
reply to wisdomx
You might want to check into sending it to a collection agency.


Kitlope

join:2004-07-29
Edmonton, Ab
reply to dirtyjeffer
said by dirtyjeffer:

oh, i wasn't giving you the gears...my point was that it was quite likely his finances were in shambles when he bought the computer in the first place.

Yeah, his finances were I'm sure. Having a girlfriend that stayed home with 2 young kids don't go far on his $20.00/hr these days.

quote:
If it was an official eviction, his money troubles started well before February, but as an adult that's his problem, not yours. You were quite generous with the guy.
Yup, I learnt a new word because of my neighbor talking about it over the last few months, "Cinderella Order", which is basically a Conditional Order that (found this from Service Alberta) "A tenancy dispute officer can issue one type of order commonly known as a Cinderella Order. This order gives the tenant(s) an opportunity to stay in the premises for a longer period of time while ensuring the landlord receives their rent."

So I knew things weren't looking that great but didn't actually think they would evict him, but I guess if you still owe for February and it's now the end of the first week of March then I don't blame the landlords, especially because this had gone on for some months.

Anyhoo, sorry for the hi-jack. And as for the OP, take it as a learning lesson. We've all done the nice thing in the past but all it takes is one douchebag to ruin it after.


Gone
Premium
join:2011-01-24
Fort Erie, ON
kudos:4
reply to ArthurS
said by ArthurS:

You might want to check into sending it to a collection agency.

Account setup fees for a collection agency are usually a few hundred bucks plus the commission for collecting the debt. It won't be worth it.