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Threatend with court...can that happen

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  • Degenerate
    Degenerate Posts: 2,166 Forumite
    DCFC79 wrote: »
    maybe you didnt get the phone you requested because it was out of stock so they sent an alternative but does it matter since a blackberry is a blackberry

    To the uninitiated perhaps. Actually, the Bold is a much more expensive phone that would obviously never be offered as an insurance replacement for the Curve when the Curve itself remains on sale.

    Kmc, clearly you are being grievously wronged here. I suggest you contact a solicitor and get them to draw up a letter pending a lawsuit of your own. You have several grounds for court action.

    1. Deception, for leading you to believe that you would get a Bold.
    2. Blackmail, for threatening you with legal consequences to obtain money.
    3. Compensation and punitive damages for the distress and anguish caused by his unreasonable actions.

    Note that 1 and 2 are actually criminal, not civil matters, so you ought to report this to the Police too. And clearly this nasty man has affected not just you but your whole family with this, so be sure to file a joint claim.
  • Kmc
    Kmc Posts: 31 Forumite
    DCFC79 wrote: »
    there we go again, the want, what was wrong with the replacement phone or whats the difference between the faulty phone and replacement
    If the insurance promised yo one thing but delivered something else you'd be a little upset wouldnt you?
    dacouch wrote: »
    Why on earth would the dozy bint do that, her sister will soon have a new [STRIKE]mug[/STRIKE] boyfriend who is legally obliged to bail out KMC and contribute towards their holiday.

    The mind boggles as to what sort of guy the father would approve of as a suitable husband to the less evil of his off spring
    He should understand I can't afford that sort of money in such a short space of time. Those phones don't even cost that much on amazon!! he is ripping me off!!
    KiKi wrote: »
    Your story is full of holes and inconsistencies. You are a student and don't have the money - but you sold a Blackberry to help save up for a trip to Thailand. You say he's a nice guy then that you think your sister should split up with him. You lie to him:
    Everyone thinks he is a nice guy, but this proves how horrible he is. My sister can do miles better than him. Infact at times I struggle to see what she loves about him.


    And your parents are making your sister side with you otherwise she can never, ever enter the family home again? He sounds like a nice guy who tried to help you out. You were irresponsible, you've lied to him, and behaved fraudulently and are refusing to compensate him. So now you and your parents are turning against him and using your sister as a weapon.

    Sounds like he's better off not being a part of your family. Your poor sister.

    KiKi
    WHy is my sister poor? He is trying to rip me off. these phones don't cost the amount he is claiming! He is adding charges or something. he is rich, why does he need to chase me for this money!!
  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Degenerate wrote: »
    To the uninitiated perhaps. Actually, the Bold is a much more expensive phone that would obviously never be offered as an insurance replacement for the Curve when the Curve itself remains on sale.


    yes i understand there are differences but to all intense purposes the replacement phone will still send and receive texts, make and receive calls and maybe surf the web via 3g connection much as the faulty phone would do
  • Kmc
    Kmc Posts: 31 Forumite
    Degenerate wrote: »
    To the uninitiated perhaps. Actually, the Bold is a much more expensive phone that would obviously never be offered as an insurance replacement for the Curve when the Curve itself remains on sale.

    Kmc, clearly you are being grievously wronged here. I suggest you contact a solicitor and get them to draw up a letter pending a lawsuit of your own. You have several grounds for court action.

    1. Deception, for leading you to believe that you would get a Bold.
    Even though it was a letter from the insurance company? that said I could have one of those instead as they had them in stock?
    2. Blackmail, for threatening you with legal consequences to obtain money.
    Could I go to the police?
    3. Compensation and punitive damages for the distress and anguish caused by his unreasonable actions.
    Really?
    Note that 1 and 2 are actually criminal, not civil matters, so you ought to report this to the Police too. And clearly this nasty man has affected not just you but your whole family with this, so be sure to file a joint claim.
    Finally someone who understands me, you think he is a legalised loan shark?
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    Kmc wrote: »
    Finally someone who understands me, you think he is a legalised loan shark?

    Love it!

    Kmc, why don't you give the police a call now and report him. We'll wait here so you can tell us what they say.

    (As much as I like a wind up, just to make it clear - do not call 999!)
    Gone ... or have I?
  • barbarawright
    barbarawright Posts: 1,846 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 17 April 2011 at 10:13PM
    KMS - can you make one thing clear. Did you send a phone which got lost in the post or did you actually sell it? And are you now saying this chap should claim for that phone on his insurance? This is for real?
  • Degenerate
    Degenerate Posts: 2,166 Forumite
    Kmc wrote: »
    Finally someone who understands me, you think he is a legalised loan shark?

    Actually, that's a good point. His actions could be construed as acting as an unlicensed money lender. Add that to the list.
  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Kmc wrote: »
    If the insurance promised yo one thing but delivered something else you'd be a little upset wouldnt you?

    i wouldnt be upset as its trivial, if it was totally different i would call up and ask why what i had received is different to what i was promised i would receive(i wouldnt have sold the phone if i was in your shoes)

    He should understand I can't afford that sort of money in such a short space of time. Those phones don't even cost that much on amazon!! he is ripping me off!!

    hes most likely added on extra due to the stress u have caused him,
    you were irresponsible with the replacement phone by selling it, he trusted you and clearly didnt think you would sell the phone


    WHy is my sister poor? He is trying to rip me off. these phones don't cost the amount he is claiming! He is adding charges or something. he is rich, why does he need to chase me for this money!!

    your sister is poor as she has you as a sister and she is caught in the middle of this, hes chasing you as you sold the replacement phone when it wasnt yours to sell (not your property as it was your sisters bf)


    just a few things
  • Kmc
    Kmc Posts: 31 Forumite
    KMS - can you make one thing clear. Did you send a phone which got lst in the post or did you actually sell it? And are you now saying this chap should claim for that phone on his insurance? This is for real?
    The one that he gave me off the insurance I told him I posted it back to him, but I sold it.

    Yes its for real
  • Kmc
    Kmc Posts: 31 Forumite
    DCFC79 wrote: »
    just a few things
    She can do better! I saw the phone on Amazon reduced from 379 so is he charging me the old price? is that legal? would he loose in court?
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