Need some legal HELP!!!!

Topic: Need some legal HELP!!!! (Read 3055 times) previous topic - next topic

Need some legal HELP!!!!

October 04, 2008, 04:48:08 PM

This concerns the kid that backed out of the deal for my TC and left a cheque as a deposit....

he told me if he didnt come back by Friday to go ahead and cash it... (he filled out EVERYTHING on the cheque except my name...) He called off the deal on Wendsday, because I wouldnt drop to $2600 after he told me he would give me $3000 for it, so I cashed it.... this is what I get as a response from him...

Quote from: Franco

you piece work, you deposited the cheque , that was ment to be as part of the deal of the car that wasnt everything it was suppossed to be , there for the deposit was no longer valid i didnt even put a stop payment on the cheque cause i thought you were better then that, you have no idea what i do for a living and the people whom i assosciate my self with ,wich will help me with this matter leagally untill it is resolved, i will pay my lawyer more then the check was worth to make your life financially difficult untill you pay back every single penny , i have been advised legally that i now own a percentege of the thunderbird, there for if you were to sell it or damage it in any way it would be considered theft/vandelsm, wich are both criminal offenses, i will persue to put foward a lean on the vehicle , in my name wich i have every right to , i have proof of everything, i have a copy of the cheque , where you filled out your name as RON DEWITT, by the way that is not my regular signuture i do not even recall signing the cheque neither does the only witness there, the only thing i did was write 100 dollars in words and told you that if i couldnt bring the cash on the friday i come and finish the cheque so you would have it as a deposit, so you committed (fraud) .long story short, you can either pay it back or be prepared for leagal action, by the way im also going to have an omvic investigation into your curbsiding of cars, just so you know i am a member of the u.c.d.a. (used car dealers association) and o.m.v.i.c. (ontario motor vehicle counsil , they both frawn upon curbsiding to a criminal offense that involves jail time, up to you you going to pay it back or should i persue further

My Response...

Quote from: RJ

LMAo you thought I was beter then that?!?! hahah you are the one that siad you are a man of your word, made adeal for $3000 then tried backing out and offering me $2600... get real pal....
go ahead and come after me, you put a deposit on the car and said you would be back by friday with the rest, then tryed to back out.... AND knock the price down....
you got a problem with what I did how bout you pick up the phone and call me...
LMAO!!! curb siding? too funny asshole... since when has it been illegal to sell a car and buy another one?!?! who do you think you are trying to **** with pal?

his response:

Quote from: Franco

http://www.omvic.on.ca/news/archives/news_releases_archive/news_release_1998-03.htm read!

your getting pretty mouthy for someone who just commited fraud, and a criminal offense, at this time i have been advised to end any further contact with you untill further jurystictional notification. you were advised, now going ahead with the persecution, "the come and get me asshole" will appear well in court.

i guess once a redneck always a redneck.

Quote from: RJ

LMAO the only fraudulent one here is you tool...

Quote from: the tool

your emails are now becoming harrasment, keep on sending me them , your painting a pretty picture for yourself and who you trully are, wait till court, if that is if you can even afford a layer. hope you know theres much more then 100 dollars here at stake for you, anyways stop the emails already i said my piece il let my lawyer do the rest

WTF?!?!? now correct me if Im wrong, but isnt THIS guy the one doing the harassing? and once you leave a deposit and dont come back, you loose it?!?! thats the way it has always worked for me...

Need some legal HELP!!!!

Reply #1 – October 04, 2008, 05:25:05 PM

Quote from: 1WLD BRD;238380

once you leave a deposit and dont come back, you loose it?!?! thats the way it has always worked for me...

Yep. That's the way it works. Prolly not all that legal though, more of an unwritten code. Let's see, he test drove the car and still left the deposit? Sounds like he changed his mind and just doesn't want to man up and admit it.

Normally I would say fight it, but if it's only a $100. I would prolly just return the funds and be done with him. Just depends on how much this $100 means to you. Good luck!

Need some legal HELP!!!!

Reply #2 – October 04, 2008, 05:37:52 PM

This guy your dealing with must be a brick short of a load.

If he verbally agreed on a price and gave you a deposit for that price, then later wants to negiotiate the price and try and knock you down, you are standing head and shoulders above him on a legal stand point.

If indeed it was a verbal agreement and he did give you a deposit, which he obviously did, and now he won't pay the agreed upon price, then you could essentially take him to small claims court and receive the rest of the $2900 that both parties agreed upon. A signed agreement would also help support you to a further extent if one was signed.

just my 2 cents.

Need some legal HELP!!!!

Reply #3 – October 04, 2008, 05:39:07 PM

^What he said

Need some legal HELP!!!!

Reply #4 – October 04, 2008, 06:04:43 PM

yeah he test drove it loved it, had me crank the boost and fuel pressure, loved it even more, then left the deposit cheque and said he would be back on friday with the cash.... ****ing guy beat on the thing too....

Need some legal HELP!!!!

Reply #5 – October 04, 2008, 06:52:40 PM

what part of the check was not filled out?

If you had to write anything on the check, you will need lagal help.

The individual with a carbon copy of the check can bring that to coart showing his records to not show him making the check out to you with all the information.

the big problem for the guy is to explain how you happened to come across one of his checks. This could be explained off by him claiming you stole a check out of his book while he paid you a visite ect.

there is not enough proof to say you stole a check.

there is enough proof to say that you finished filling out a check that does not match his carbon copy.

Using just that alone, anyone can rig a check book up to prevent some information from making it to the carbon copy.

It will be very easy to see that two different ink pens were used to make that check cashable.

You might have fugged up,, id pay his deposit back.

Basically, he gave you an invalid deposit irreguardless of the "man of his word" or not.

Like it or leave it but you should have never finished another persons check for them. work through this carefully and while you are at it, call his bluff on the signature of the check.

The court will have a difficult time nonetheless to prove you or he did anything wrong.

Another strike against him though is a check is only cashed by means of what is spelled out ,,, not the amount written in numerical formate. If he spelled out the one hundered dollars, its likly his loss as anyone "could" cash it although it might be illegal to do so.

what all this boils down to is the fact that you should never have to finish filling out anyone elses check for them. this may just turn out to be one of those "his loss" kinda thing but it definatly was not correct of you to finish filling out a check.

Need some legal HELP!!!!

Reply #6 – October 04, 2008, 07:02:30 PM

Hes full of it
why would he leave a check
say deposit it if I dont come back
and then say he never signed it? BULL
plus its funny mister im gonna report you doesnt even know how to spell LIEN not lean
hes a tool for sure
He left you a check
he test drove the car
He never came back
F*** him

Need some legal HELP!!!!

Reply #7 – October 04, 2008, 07:07:05 PM

Quote from: daboss351;238398

Hes full of it
why would he leave a check
say deposit it if I dont come back
and then say he never signed it? BULL
plus its funny mister im gonna report you doesnt even know how to spell LIEN not lean
hes a tool for sure
He left you a check
he test drove the car
He never came back
F*** him

my gut feeling here is that this random dumbass wont get anywhere. A check is a check and the only proof of anything odd is the use of two different ink pens.

Need some legal HELP!!!!

Reply #8 – October 04, 2008, 07:45:27 PM

he filled out everything and spelled out one Hundred dollars.... AND signed it... I brought the cheque straight in and showed my GF... then after he told me he would not give me anymore then $2600 that night, after we agreed on the $3000 the day before, I wrote my name on it and deposited it into my account...
he is trying to say his GF witnessed him not signing it, well he wrote it all out on the roof of his car, while she sat INSIDE the car, then handed me the cheque... so how could she have witnessed fack all?

EDIT
OK my uncle is a retired Police officer and a Paralegal...
He just called me and told me he doesnt have a foot to stand on.... My win if he does go to court.... told me to tell him to go ahead and file suit and you will responed in the alotted time...
Asked him about the cheque and me filling it out my name... he said that guy screwed up... as you can put "cash" in the pay to the order of and cash it... still legal...
Brings great piece of mind.. LOL

Need some legal HELP!!!!

Reply #9 – October 04, 2008, 08:27:17 PM

well I would just say he told you to fill out your name on the check and you both agreed that the deposit was not refundable.

Next time make the buyer sign a bill of sale, only take cash, and for gods sake when someone wants a test drive only you drive! Its your car, your insurance and your ass if he hit someone while driving. He could have hit something while test drving it and than say nevermind I don't want it and walk away, it would have been your word against his.

Good Luck, don't worry about it.. worse thing that happens is you give the deposit back.

Need some legal HELP!!!!

Reply #10 – October 04, 2008, 08:35:33 PM

Here's what I would do. Stop returning his emails/phone calls. If he decides to pursue it, you will hear from somebody else.

Need some legal HELP!!!!

Reply #11 – October 04, 2008, 08:38:12 PM

All either of you are going to do is give money to lawyers that they don't deserve.

It's a deal that he backed out, but personally I wouldn't have gone ahead and deposited the check anyway. It's not like it's really all that big of a deal, now is it?

Give him back the $100, be done with it and move on.

Need some legal HELP!!!!

Reply #12 – October 04, 2008, 09:13:58 PM

If the guy signed the cheque, it's legal, no matter what name or amount is on it, and no matter who wrote the name and amount on it. They call it "signing a blank cheque" for a reason. If he signed it, it's legal, and once it's been signed it can't be "unsigned" except for a stop-payment, which he failed to do. You did not tamper with it (change names, dates, amounts, etc), you only filled in your name, which he left blank. Leaving the name field blank is implied permission for you to put any name on it you like.

I would wait. One final email would go out, telling him that you no longer wish to communicate through email - you want everything through registered mail. If he gets a lawyer, communicate ONLY with the lawyer (it's actually illegal for you to communicate directly once he gets a lawyer). If he sues you, countersue him for the full $3k plus costs, and include the email you posted here about how he is claiming ownership of the car and admitting to making a deal. Also include all other correspondence you received from him, including his legal threats (which ARE considered threats and everything in the emails are considered admissible unless he starts every email off "Without prejudice"). Without the words "without prejudice" he is blackmailing you (threatening you with harm unless you do something for him, ie pay him), which is very, very illegal.

In the meantime I'd type up a formal letter and send it to him registered mail. In that letter I would give him 7 days to pay in full for the car or he will lose any claim to it (that would be generous - legally you don't have to give him any time. He agreed on Friday, then broke the agreement). I would also inform him that a storage fee will be charged. He made an agreement and backed that agreement up with a deposit. He broke his contract. He does not, nor did he ever, own a "piece" of the car. A deposit is a promise to buy something; it is not considered an actual payment on that something until the deal is done.

If this were me, and the guy said "Look, something came up and I can't afford the car" I'd have torn up the cheque. If he'd done what you posted here, though (accusing you of misrepresenting the car, then calling you a thief), I'd have been all "BRING IT ON BITCH". Sometimes principle is more important than money.

Of course this is all armchair advice. In reality he'll probably never call a lawyer, but if he does the lawyer will refuse the case (not only because he'll almost certainly lose, but because the case couldn't possibly pay enough to make it worth a lawyer's time - lawyers don't bother with small claims court). He'll bitch and growl about it. He'll probably even continue emailing you. Don't bother replying.

I would be keeping an eye on the car, though - it's likely now a target for vandalism...

Need some legal HELP!!!!

Reply #13 – October 04, 2008, 09:36:36 PM

Sounds like some of the scams I've read, to me.

But I'm with Thunder Chicken on this one. Personally, I would have never cashed the check til it was the full amount, but if he deposited $100, and claim owning a piece of the car, I'd send him the spare tire, and say here ya go.

Need some legal HELP!!!!

Reply #14 – October 04, 2008, 09:39:13 PM

thanks for the advice Thunder Chicken... I have already stopped the replies... (so has he) and have been saving everything he sent me, as I think he is trying to set me up, and make me say something out of anger and go after me for threats or something...

I agree If he said he couldnt afford it I would have done the same, (tear it up) but to tell me he is on the way on the phone then email me an hour later, and try telling me the car isnt worth what we agreed on and backing out... then threatening me with legal action, for cashing his deposit... yeah I pretty much did say bring it on...
I have another buyer comming to look at it in the morning, so hopefully he takes it, though he is planning a cash deposit, which there will be a reciept signed by me him and a witness....

if this does go to small claims court Im not concerned... my uncle will take the case and back me up for very little... and if push comes to shove, I will hide the car and strip it and s the shell if I have to, just to prove a point...