Help I think I've been robbed!

hebangsthedrums

Hey guys I was after some advice, particularly from any legal eagles.

Easiest thing to do is to paste the email I fired off to my SU advice (who prob wont respond for ages). Any advice would be very reassuring!


Hi I was wondering if I could have a bit of advice - I am a bit desperate, I'll try to explain as briefly as I can.

I am a recent grad and lived in a house in xxxxxxxx for my final two years. We met the group who are moving in and they asked about stuff for the house we might be selling. I offered them a few bits but the guy I was emailing who took charge eventually settled on a freezer, double bed and microwave (th ehouse only came with one freezer between six and had space for a second so we bought a second).

We agreed 65 for the freezer, 60 for the bed and 5 for the microwave - total of 130, this was about 6 weeks ago. I asked for the money to be paid before 24th august if possible (when our lease ran out) and said they were welcome to come round before if they wanted to look at the bits again.

Basically I have had sporadic contact with the guy, he said around 9th aug was cheque ok I said that was fine. Then on the 28th aug (after I had left the house) he asked if bank transfer was ok and could he pay half before and half after as he hadn't seen the stuff. I replied that was fine and gave my bank details but said I was a little diappointed he hadn't been in touch for ages.

I had no response until Sat 1st Sept when I found a piece of paper with his number on (previously only had email) and called him to ask what was going on. He claimed he had forgotten and would pay cash into my bank on monday when he was in xxxxxxxxxx

I get a text on monday saying he has been into letting agents and they say the freezer and microwave belong to the house. I called and spoke to them and explain they are not and they say they will check. I call 30 mins or so later and a lady confirms I was correct it was mix up and that they have told the guy the stuff does not come with the house.

I then get a text message saying he ha spoken to his housemates who have said its 'too much' (despite already agreeing) and that he will give me 5 for the bed and 50 for the freezer. I call back and explain that is not acceptable he agreed prices with me ages ago and its not really on holding me to ransom now. He said ok their still in town will pay the money in. Then at 4.20 I get a text saying his dad (who is a 'lawya') that because I left my stuff in the house its no longer mine. He also says I am free to return and collect it if I 'feel I have been wronged'. I sent a reply saying I will contact the uni if the money is not in by 5pm.

I am sorry to ramble but I am really worried now that this guy has just basically stolen my stuff. I am not able to collect it as a double bed and freezer would not fit in my Mum's car - that is why I tried to see what he wanted asap so I could arrange a van or something to collect if it wasn't wanted. Now I am left with no money, no stuff and a whole lot of anger. Surely what he says about me leaving it so it is his cannot be right? Is it possible you can get in touch with him as I don't think I'm being unreasonable and have been very patient.

Please help!

Cheers

Voyager2002

I don't think the university will get involved. By the sound of things, you had a contract: agreement to sell at a specific price. He has failed to complete his side of the contract, so in principle you have redress through the courts since it is a civil matter.

The process of taking him to court would be easy and not expensive (small claims track.) However, do you have any evidence of the contract? Did you save any of the texts he sent you? Did you have any friends listening when he offered to buy the goods? If not, he could tell a pack of lies in court and get away with it.

hebangsthedrums

thanks voyager for replying. I'm not too sure the SU will help either - I was hoping they might email him to frighten him a bit as I now know I have a legal case. I got a response from another forum that says much like yours I have a legal case. Yep I have all the texts and emails and they have all the numbers and him agreeing to buy.

The other chap advised I get a quote from a courier then tell him if he withdraws from the contract now he will have to pay for this as I left the goods in good faith and there is no reason i should suffer for his breach. If he wants to go ahead I expect payment in full in 14 days, or will begin legal proceedings.

I'm still gonna speak to the SU just so I have showed I have tried all avenues. I wouldn't be so angry but I get the feeling he never had any intention of paying, and was just waiting till he had me over a barrel. Still I'm a firm believer in karma and hope he has a crappy time in the house!

simon123

hebangsthedrums wrote: »

thanks voyager for replying. I'm not too sure the SU will help either - I was hoping they might email him to frighten him a bit as I now know I have a legal case. I got a response from another forum that says much like yours I have a legal case. Yep I have all the texts and emails and they have all the numbers and him agreeing to buy.

The other chap advised I get a quote from a courier then tell him if he withdraws from the contract now he will have to pay for this as I left the goods in good faith and there is no reason i should suffer for his breach. If he wants to go ahead I expect payment in full in 14 days, or will begin legal proceedings.

I'm still gonna speak to the SU just so I have showed I have tried all avenues. I wouldn't be so angry but I get the feeling he never had any intention of paying, and was just waiting till he had me over a barrel. Still I'm a firm believer in karma and hope he has a crappy time in the house!

Good luck mate, hope it all works out

hebangsthedrums

cheers, will post when theres any update

sugarbabie888

You could always sell the items in a local newspaper or online forum to another buyer and say that they must pick them up. Meet them at the house, get your money from them, and say too bad to the jerk who tried to rip you off.

ryansace

Hello,

For a contract to be valid, there needs to be offer, acceptance, consideration and an intention to create legal relations.

The contract has these, however consideration has always been a grey area in law. You really need some evidence of all mentioned above, and hopefully have some details of these texts. Without the necessary evidence, you won't go far.

Even if his dad is a 'lawya' as long as you ahve the required evidence then you wil be fine.

Good luck, i hope you have saved emails, texts etc.