when is enough enough

[ZiggyO]

Hello,

I have a dliemma which i would like to share with you guys and get your opinion......... I sold a lot of M43 stuff to a guy back in may of 2005......He paid me in full, and paid me to get lumber and crate the stuff........ He said he would have a truck pick the stuff up within 2 weeks....... The truck never came.......and my calls to him went unanswered....... I did manage to get him on the phone in october and tld him that i need this stuff out by thanksgiving as i had to relocate and my new storage area requires me to pay rent.......... He promised me then that it would be out by thanksgiving but once again no one ever showed.......... Since then i have tried calling several times (including tonight) and always get either his wife (or daughter) who tell me they will give him the message........ yet i have not heard back from him at all.......... based on the space these crates take up, i have been paying about 10-15 per month rent to store them since december 1st.............. How long do you guys think is reasonable before i regard it as forfeited property and sell it off to get it out............ As an FYI, the deal was made and paid May 20, 2005............ Now i dont want to screw this guy but i dont want to continue losing money to storage....not to mention not having the storage space for stuff i want to keep......... And on top of that, what do i do if this guy decides to show up several months down the road............ What do you guys think..........

Ziggy

 

[ida34]

Send him a return receipt requested letter giving him 30 days to pick the stuff up or dispose of the property. I would then resell it to recoupe your costs for the storage. This is like a landlord putting property at the curb when he clears out an apartment in an eviction. The guy was not paying you to store it for him so you do not have much of a duty to him. You have held up your end of the bargain. You sold him the parts then packaged them for him. As long as you did not agree to store it or ship it then you are not liable. That said be careful as he may lie or he may have understood the agreement improperly. The letter to him with the receipt showing he got it on x date will show that you tried to work with him and gave him a last chance 30 day period to finally put this matter to rest. You have already given him longer than I would have. I sold a truck to a guy that included an extra cab. I gave him a month to get it then I gave it to the junk man.

I am not a lawyer and am giving you my laymens understanding of property law.

 

[wallew]

I concur with Ida34.

This is excellent advice. I might add the caveat that IF you actually hear back from this guy within the 30 day period, I would mention in the letter that you've been paying 'X' dollars a month since (fill in date). While you don't want him to lose these parts, this was not part of the deal.

If he chooses to have you continue to hold them for him, CHARGE HIM TWICE what you pay per month so you can recoup the money you've got outstanding.

You might even consider inserting an invoice in the letter saying he owes you 'X' dollars (so much for so many months) and that you will happily release his merchandise when you get paid. AND you WILL be charging him INTEREST after the 30 days has past. Nothing severe, but say 10% over and above what you have paid for the storage so far AND the storage fee DOUBLES in the next 30 days, INCLUDING the 10% interest you WILL be charging him.

I've done collections for my BIL's company and you'd be surprised how quickly someone reacts when you tell them it's going to cost them MORE than they thought. Basically you need to politely tell this guy the free ride is over. From now on, your storage fee is (pick your number).

I AM NOT AN ATTORNEY, nor do I play one on TV. But I've been in business' both large and small and this is just so much BS of a customer taking advantage of your largesse. Which he WILL continue to do until you 'draw the line' in the sand.

jim

 

[M35A2]

I don't know what it is like in the States. But over here in England, if someone has bought stuff from you and paid in full for the goods, then the goods become the other person’s property. It isn't the seller’s responsibility to keep the goods once they have been sold.

Like mentioned before. I would type a letter out on the computer explaining that you have received payment for these goods and they are now his responsibility. Inform him YOU have made several attempts to contact him regarding collection, which is not your responsibility. In the letter advise him that you are giving him 30 days to collect the goods, or you will sell them on. In the UK the method of mailing would be called "special delivery", where the person the letter is addressed to has to sign for the letter. Send the letter ensuring it has to be signed for. This is so that you know he has received it and can't say at a later date that he never received it.

As he has gone well over the agreed collection time, I would also send a bill for payment of storage fees.

If he doesn’t collect the goods by the date set, sell them on.

 

[devilman96]

I would have resold them 6 months ago and not felt the least bit bad about it... 9 months, I think he's found another hobby!

 

[Polverone]

So Ziggy0, what can we expect for sale in 30 days?
In other words - whadayagotfersale?

Heck it's already crated for some lucky guy here on the forum just waiting with baited breath.

Don't they have a couple of phrases in Jersey?

What exit? and Fugetaboudit?

 

[area52]

So Ziggy0, what can we expect for sale in 30 days?
In other words - whadayagotfersale?

Heck it's already crated for some lucky guy here on the forum just waiting with baited breath.

Don't they have a couple of phrases in Jersey?

What exit? and Fugetaboudit?

X2

 

[emmado22]

Will we see this stuff for sale at Dover next week?

 

[rice]

I agree with Wallew, its time to get it gone or resell it.

 

[G744]

Good advice. I did a sale some time ago to an old boy, and didn't hear from him for 6 months. Seems he had a heart attack and went through a really tough time in a coma. He did get ahold of me afterward and was lucky that I have a lot of land to set things on without crowding me out.

Ask a pointed question or two of mom or daughter before ratcheting up the sale again; Is he in good health? Not under indictment for some crime?

At least you will have no regret later on.

dg