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Small Claims Court Help.  Grateful for any advice. Now been served! Small Claims Court Help.  Grateful for any advice. Now been served!

02-09-2011 , 10:34 AM
Quote:
Originally Posted by crdjeep
The letter would be coming from my hometown as that's where u get served from. I know that's it's coming from her lawyer "uncle" per the tracking information that was left and i looked up on usps.

I am going to get it. I'll be there at 9am to pick it up from the Post Office.
Then im going to scan the letter and post it.
I have never served someone in the United States but that makes absolutely no sense. You are confusing the rules about what jurisdiction a matter has to be heard in and serving. Where the letter was mailed from says nothing about the contents.
Small Claims Court Help.  Grateful for any advice. Now been served! Quote
02-09-2011 , 10:34 AM
hahahahaahhahahhahahahahhahahhahahahhahahahhahahah hhahahhahahhahaha

just forget about it.




edit: cres, i would bet a lot of something it was written by her. op should take a red pen and and mark all the errors like an english teacher and send it back.
Small Claims Court Help.  Grateful for any advice. Now been served! Quote
02-09-2011 , 10:58 AM
Yeah, I posted before the letter was posted. I like the red circles plan.

Its typical of buyers liker her though. They feel the need to buy a used part (she's cheap), and then hire a crew of professionals to install it (she's stupid). The pro's don't want to install it because they must warranty their work, and a used part is beyond their control.
Small Claims Court Help.  Grateful for any advice. Now been served! Quote
02-09-2011 , 11:08 AM
Quote:
Originally Posted by 27offsuit
op should take a red pen and and mark all the errors like an english teacher and send it back.
+1
Small Claims Court Help.  Grateful for any advice. Now been served! Quote
02-09-2011 , 11:28 AM
Quote:
Originally Posted by 27offsuit
deleted post
+1

On another note. The person whomever it was took apart the whole damn thing to find the crack. I never once though of taking it apart b/c it worked great for me and my family. The picture looks like the crack was there before i bought the house and it was fixed with some sort of putty/cement.
Small Claims Court Help.  Grateful for any advice. Now been served! Quote
02-09-2011 , 11:42 AM
Quote:
Originally Posted by crdjeep
It was a letter from her and certified so she would get the card back with last name but I refused to sign my last name b/c I told the clerk it doesn't have my last name on it. Anyways the crack she is talking about can only be seen if you take the whole damn thing apart. How can I have know that? It worked perfectly for 6 years. Here is the letter.

Comic Sans LOL

Forget about it, forget about her, nothing bad will come of it, I promise.
Small Claims Court Help.  Grateful for any advice. Now been served! Quote
02-09-2011 , 12:02 PM
well from her point of view, she did kind of get screwed. If OP is telling the truth which I have no reason to believe is not the case, then there's no way OP could have reasonably known about that crack. However, it sounds like even OP believes the crack must have been there all along. That being said, I'd maybe offer to split the diff with her, give her $150 to $200.
Small Claims Court Help.  Grateful for any advice. Now been served! Quote
02-09-2011 , 12:12 PM
Quote:
Originally Posted by Bostaevski
well from her point of view, she did kind of get screwed. If OP is telling the truth which I have no reason to believe is not the case, then there's no way OP could have reasonably known about that crack. However, it sounds like even OP believes the crack must have been there all along. That being said, I'd maybe offer to split the diff with her, give her $150 to $200.
Everyone in here tells me not to contact her though and I agree.

I seriously am not a bad seller but If I would of bought something I would of checked it out more I guess.

If I do agree to give her back X amount back how should i go about it?
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02-09-2011 , 12:23 PM
New is new, and used is used. To expect perfection in anything "seasoned" is not rational. Let's just say you offered her $150, she would demand $300. If you offered her $300, she would demand $400. The small flaw is not structurally significant, from the pics you talked about, a bit of putty seals the supposed leak. It's a, she doesn't like the scratch in the dent, situation. Not rational.
Small Claims Court Help.  Grateful for any advice. Now been served! Quote
02-09-2011 , 12:26 PM
Regarding the crack.

I know nothing about what the item looks like but isn't there a reasonable possibility that the crack happened during transport or installation?

It stuck out at me that she took the time to specifically mention she had professionals do the work which would raise my suspicions because if I had a reputable company do this I would mention them by name. She is also willing to let you have the item back without paying her for the cost of those professionals. Add in that she is a buying stuff off Craig's List for $400 and then hiring professional installers who I assume would not be inexpensive. I have no idea what is involved but I'm picturing something big and heavy that doesn't require any real expert skill to install. I'm thinking she just asked a handy-type friend to do it.
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02-09-2011 , 12:27 PM
well i guess the way I look at it is this: The crack seems to be obviously pre-existing (had been repaired with putty/cement) so if she returned it and you gave her the money back, would you still try to sell it for $400? In other words, if the going rate for a used wood burning furnace with no cracks is $400, what was your furnace really worth?

If she had been more thorough in the first place and discovered the crack while inspecting it at your house, would you have lowered the price? By how much?

If you still would have insisted on $400 then just have her bring it back and return her money, and try selling it again.
Small Claims Court Help.  Grateful for any advice. Now been served! Quote
02-09-2011 , 12:27 PM
It's the risk inherent in buying crap of craigslist. If you want something that's guaranteed to be free of defects, you either need to arrange to have it checked out before purchase, at your expense, or buy it new. QED
Small Claims Court Help.  Grateful for any advice. Now been served! Quote
02-09-2011 , 12:32 PM
Quote:
Originally Posted by crdjeep
Everyone in here tells me not to contact her though and I agree.

I seriously am not a bad seller but If I would of bought something I would of checked it out more I guess.

If I do agree to give her back X amount back how should i go about it?
If you give her any amount, that is admitting fault. When you give her a couple hundred dollars, she will take you to court and the judge will use you paying her against you. It's either going to be "see he knows he did something wrong" or.. "see he already agreed to pay me back, and here is his first installment and now the cheques have stopped coming". Either way don't do it. Don't ever contact this person again. I think the use of Comic Sans says everything you need to know about this woman.
Small Claims Court Help.  Grateful for any advice. Now been served! Quote
02-09-2011 , 12:35 PM
Quote:
Originally Posted by supafrey
If you give her any amount, that is admitting fault. When you give her a couple hundred dollars, she will take you to court and the judge will use you paying her against you. It's either going to be "see he knows he did something wrong" or.. "see he already agreed to pay me back, and here is his first installment and now the cheques have stopped coming". Either way don't do it. Don't ever contact this person again. I think the use of Comic Sans says everything you need to know about this woman.
if he emails her offering $200 back and she emails back saying "ok" then that's that.
Small Claims Court Help.  Grateful for any advice. Now been served! Quote
02-09-2011 , 12:41 PM
No, it's not.
Small Claims Court Help.  Grateful for any advice. Now been served! Quote
02-09-2011 , 12:42 PM
Quote:
Originally Posted by sj79948
It's the risk inherent in buying crap of craigslist. If you want something that's guaranteed to be free of defects, you either need to arrange to have it checked out before purchase, at your expense, or buy it new. QED
True, but her letter says that it is not a working unit. That's different than not free of defects.
Small Claims Court Help.  Grateful for any advice. Now been served! Quote
02-09-2011 , 12:47 PM
Quote:
Originally Posted by supafrey
No, it's not.
yeah, it is. They basically have a contract. He offered $200, she accepted. It's all spelled out in the email exchange and the letter. She's not going to sue after accepting $200, but even if she did, OP just produces all that documentation.
Small Claims Court Help.  Grateful for any advice. Now been served! Quote
02-09-2011 , 12:49 PM
Quote:
Originally Posted by Bostaevski
well i guess the way I look at it is this: The crack seems to be obviously pre-existing (had been repaired with putty/cement) so if she returned it and you gave her the money back, would you still try to sell it for $400? In other words, if the going rate for a used wood burning furnace with no cracks is $400, what was your furnace really worth?

If she had been more thorough in the first place and discovered the crack while inspecting it at your house, would you have lowered the price? By how much?

If you still would have insisted on $400 then just have her bring it back and return her money, and try selling it again.
I would of still sold it for 400 b/c it was in working order when I turned it on for her and showed her how to operated it. She sent me some pictures of the crack and it's around 4-5". I would of never knew it to be there.

She/boyfriend/someone took the whole damn thing apart to find this and which I would of NEVER done b/c it worked just fine for myself and family as stated before.

I assume that the crack happened before i purchased the house and it was properly fixed by the owners before me and continued to use it.

My honest opinion, it could be fixed for less then 15 dollars w/ putty/mastic or a welder could fix it for less then 50 dollars. The people telling her that must have included labor to install the unit b/c it's only 1 dollar in welding material to fix and less then 5 min. of welding time. I have welded many things.

I would of fixed this issue before selling if i knew about it before hand.
Small Claims Court Help.  Grateful for any advice. Now been served! Quote
02-09-2011 , 12:51 PM
Quote:
Originally Posted by RayPowers
True, but her letter says that it is not a working unit. That's different than not free of defects.
It worked fine
Small Claims Court Help.  Grateful for any advice. Now been served! Quote
02-09-2011 , 12:53 PM
Quote:
Originally Posted by sj79948
Comic Sans LOL
This.
Small Claims Court Help.  Grateful for any advice. Now been served! Quote
02-09-2011 , 12:56 PM
Quote:
Originally Posted by crdjeep
It worked fine
This is where it breaks down tho in terms of intelligent discussion and really is now just a he said/she said with the only thing you have going your way is that you got to tell your side of the story to us.
Small Claims Court Help.  Grateful for any advice. Now been served! Quote
02-09-2011 , 01:03 PM
If you really want to get $400 for it, I'd have her bring it back to you, you give the $400 and then sell it again. Of course you risk her doing some revenge damage to it. If you do nothing she could end up suing you. Frankly by the letter of the law (caveat emptor...as is... no warranty... blah blah) I don't think she has a very strong case.

Don't know how important the $400 is to you, but have you considered that this thing is really just an old piece of junk you don't use any more and by giving her the $300 she is asking for, you still got someone to pay you $100 to haul it away.
Small Claims Court Help.  Grateful for any advice. Now been served! Quote
02-09-2011 , 01:03 PM
oh god really?


those last 2 posts are extra special. op can agree with the rest of the thread or those 2 guys.
Small Claims Court Help.  Grateful for any advice. Now been served! Quote
02-09-2011 , 01:39 PM
It's not the point of 400$

It's the point that she came here looked at it, inspected it, and said "well take it"
Small Claims Court Help.  Grateful for any advice. Now been served! Quote
02-09-2011 , 01:43 PM
it's just tough luck for her. If it was in perfect working order and worth $700 she wouldn't have sent you more money.

Would be funny to write her and say "sorry you don't like it, if you decide to sell it I'll give you $100 for it; as-is"
Small Claims Court Help.  Grateful for any advice. Now been served! Quote

      
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