Dot Computers (wtf) - part 2

Status
Not open for further replies.
Lol haven't been home much this weekend .... thought this thread would have been dead by now :-)
 
Ahuh, today is D-day...

I'm leaving the office at 16:00... he has until then to pay me back...

The card I'll take to one of the people that offered to get it exchanged, because I won't have much of a case there - he did give me the information to swop the card out.

But the money - that's a different story.

Get your arse in gear Brian... time is running out for you...
 
Just a question for the legal boffins. Is it possible to lay a charge against person in the circumstances that theyak is finding himself in having the product although faulty but with a reasonable way of repairing? I know he promised it for free, etc.

Just a question
 
This is still going on, and you're only going to the cops NOW?!?!?! Man, you're to kind! :P I would have liked to have his ass in jail by now... lol
 
I DONT SEE HOW you can go to cops because he wont honour the warrenty

doubt anything will come of it

now if he took your money and gave you nothing back then yes you have a case
 
I'm not going to the police because of the card that hasn't been replaced, I'm going to them because I still haven't got my money back after two months of asking and begging and pleading.

The card is fine, I'll get that to Legend to get it replaced, but I want my money...

Sent this to Brian just now:

Brian,

I have been struggling to get my refund as well as my card from you for two weeks now and I've had enough.

If I don't have the proof of payment in my inbox by 16:00 (South African time) this afternoon, I am going to the police and opening a criminal case against you.

I have given you enough time to sort this out and your total disregard of this matter leaves me no choice.

Thank you,
Johann.
Click to expand...
 
Guys, as I mentioned earlier, theYak can most likely take it to the small claims court only - and there will come nothing of it, as he has a product, which was working, and failed - and even if Brian do not/can not change it out for warranty repairs, he indicated that TheYak can take it himself/send it to Legend.

And, he does not need to refund any money if a product was delivered.....it will be a token of goodwill if he does, it will actually save some face, but that's all - by law he did what he had to - sad but true.

Again, I do not condone this action by Brian, but there is an escape for TheYak, that is what the court will look at - it is not worth the time, petrol and money - just use Speed services Courier door-door, include fault report to Legend, and get the card swopped out.

Inconvenience, I know, but easiest, and this case, best way - cut out the dishonest "Person" in this case, at least you know you will get your card back from Legend - if you actually give it to him, maybe you will never see it again?

Other people, who did pay for goods, but have not received anything, can actually lay a claim against Brian.

So yes people, the point is, is this action worth the additional time/cost? If yes, proceed.
 
Last edited:
MrBean, you seem to forget that when theyak ordered the card, and it took too long, Brian said he can have it for free, and that he would refund the money theyak already paid. And that he hasn't happend since he got the card two months ago. :rolleyes:
 
Unless TheYak has a binding legal document stating that Brian is required to refund him the money, he has no case at all.

Thinking that what someone says on a forum or e-mail is like entering into a contract is ludicrous, get some perspective ppl.
 
yup why dont you just take to legend dude they not far away

in midrand i had to go fetch my card i bought from brian there
 
mooK said:
Thinking that what someone says on a forum or e-mail is like entering into a contract is ludicrous, get some perspective ppl.
Click to expand...
IANAL, but off the top my head there's common law that may well work in his (TY's) favour. First off, AFAIK, under the ECT act email is considered a legally binding contract; then, seeing as a posting by an *ahem* 'person' requires a username/password (on this forum anyway), that under the 'reasonable man test' would be considered valid/private, then it follows that the (sorry for this, it's just playing out this way :rolleyes: ) person making the posting IS the owner of the alias/name on the screen and, as such can be inferred to actually BE that person. Which brings us back to common law contracts. Sure, it's not in the same league as a notarised-in-triplicate-one-copy-in-a-bank-vault contract document with revenue stamps, but neither is it a verbal contract (that we all know "isn't worth the paper it's written on") ..but can, with sufficient resources, be defended.

But I DO know a lawyer (who's rather 'up' on e-law) whom I'm seeing this arvie (entirely different reason, AFAIK I'm not being sued anywhere (for now)) whom I'll be directing at this forum in general and at this issue in particular. It'll probably help a lot to get legally valid input on this, no?
 
MrBean, you seem to forget that when theyak ordered the card, and it took too long, Brian said he can have it for free, and that he would refund the money theyak already paid. And that he hasn't happend since he got the card two months ago
Click to expand...

and

Unless TheYak has a binding legal document stating that Brian is required to refund him the money, he has no case at all.

Thinking that what someone says on a forum or e-mail is like entering into a contract is ludicrous, get some perspective ppl
Click to expand...

That being my point. Thank you ;)

@nGaged55: Nope, I did not forget the fact that it took long for the card to finally arrive in TheYak's hands - my argument is that it is not viable to take him to court. Evidence is very thin, guys, and TheYak might just as well win with cost, or loose the case in a criminal court.

It is not worth it, that is the point I am trying to bring across - be logical about this. If it was a substantial amount of money, it would have been. In this case, with this thread, Brian has done himself irrepairable damage - lost all respect, and trust.

Justice is served for those that have an escape...like Incubate, and TheYak.

I am not the enemy, or a ****-stirrer, gents.....just looking at it from another perspective, which I am allowed to?

Yes or no?
 
Yeah, you're more than likely right.... Still doesn't mean I'd like to beat him senseless with a baseball bat tho :P

Small Claims court maybe - but that's a private matter then in any case.. Cops won't have much to do here.
 
Problem is, if people don't actually do anything Brian is completely free to rejoin this forum as something like PoleCat and register the domain http://www.computersdot.co.za and start all over again.

I know we've called for folks to do something or at least pool all their information before but if anyone still wants to, now is a good time :)
 
Status
Not open for further replies.
Back
Top
Sign up to the MyBroadband newsletter
X