Non Payer - What Would You Do?

[Mister Fish]

Hi Soul Sourcers,

I know this happens in sales but not normally to this extent.

This guy reserves records and we agree a price of nearly £1000.

I said he could spread it over 2 months if he wanted?

Despite 16 emails from this guy promising to pay (even saying he had paid into my account )- nothing.

Over 3 months down the line and not a penny.

This is my only source of income at present and he knows it.

My questions are:-

1/ Are Emails in any way a binding contract?

2/ What would you do?

Thanks in advance for any help.

Steve

[Pete S]

Well he's obviously not going to pay you so you might as well name him so we all know to ignore him in the future and just stick them up for sale again.

[Ged Parker]

It is just beyond my comprehension why people do that.

Put em up for sale once more, name and shame for me.

[Harrogatesoul]

Pretty sure an email isn't a legally binding contract. If the buyer had purchased through a website and maybe paid a deposit & you had Terms & Conditions etc on there you might have got a bit further but alas it looks like a non-sale - despite your generosity of splitting payments and your patience. As Pete says - re-offer the 45s for sale. If it was a few quid it wouldn't matter as much but a £1000 is a lot of money.

Edited August 3, 2011 by harrogatesoul

[Mister Fish]

I must say I am tempted to name and shame but he's well known on here.

Edited August 3, 2011 by Mister Fish

[Guest sharmo 1]

Don't waste your time on this sell them to someone else cop the dough and go on to the next deal even if it was legaly binding there are a thousand and one way's out of this for him forget it and put it down to exsperiance mate regards Simon.

[Ged Parker]

I must say I am tempted to name and shame but he's a well known guy on here.

It's not your fault he essentially ruined your sales to the tune of hundreds of £££'s.

People should do this with impunity.

We've all wanted stuff we can't afford and in my case after wanting something for years and years it will come up when I have no spare cash. Wouldn;t dream of agreeing to buy something and then not doing.

[Guest Polyvelts]

If you say you want a record and it's still going then just pay for it ! Its that simple.

If some timewaster just puts his 'dibs' in on every 45 he fancies and then sits back and decides which ones of the many he has on HOLD that he might be able to afford to buy when and when he wants then he might be depriving me of the chance to buy something I actually want !!!

If the guy keeps on doing it to you - then I'm presuming he's doing it to other sellers. Maybe send a PM to some of the top sellers here discreetly asking if they are having the same problem with the guy and if so then just refuse to deal with him in the future.

[Mister Fish]

If you say you want a record and it's still going then just pay for it ! Its that simple.

If some timewaster just puts his 'dibs' in on every 45 he fancies and then sits back and decides which ones of the many he has on HOLD that he might be able to afford to buy when and when he wants then he might be depriving me of the chance to buy something I actually want !!!

If the guy keeps on doing it to you - then I'm presuming he's doing it to other sellers. Maybe send a PM to some of the top sellers here discreetly asking if they are having the same problem with the guy and if so then just refuse to deal with him in the future.

Thanks Rob, that's a really good idea.

[Harrogatesoul]

Ultimately very frustrating as it's your only income right now - I can well see how Pete Smith and other full time dealers insist on payment in full straight away - After all we don't go and do the weekly shopping and tell the cashier we'll pay them next week! We sometimes forget full time dealers rely on this as their income to put food on the table. I get this in my business (furniture) where people look agog that they even have to leave a deposit! Take 5 mins now and get 'em re-listed on here / other boards and get the brass in your pocket.

[Amsterdam Russ]

1/ Are Emails in any way a binding contract?

In certain circumstances emails can indeed be considered as binding contracts as a case at the Court of Appeal in 2010 confirms.

In the recent decision of Nicholas Prestige Homes -v- Neal (2010) the Court of Appeal confirmed that a contract will be validly created by an email exchange between the parties.

Here's a link to more info on the case... https://www.clarkslegal.com/Article/892/Binding+contracts+created+by+email

[Mister Fish]

Is there some kind of reputation/feedback system on here? I can't find it!

[Guest]

Someone on here offered me 1k for a record that as been on here for a long time for everyone to see,so if you are reading this and offer me anything for a tune again i will laugh at you and you will be told to go away,do your research and you would have to read posts like this, you have lost any respect i had for you,there is nothing like paying off everything you owe in you're head then being let down.ta for that.............ah well life goes on.

Edited August 3, 2011 by ken

[Keithw]

agree with most people

say in the posting

I personally would say to the person in question -

i am listing records you have on hold - today

if payment isnt made by (Whatever time you think)

a minute later they will be TAKEN OFF HOLD

that way hes had his chance

Edited August 3, 2011 by keithw

[trog]

Just relist the records...pain in the backside i know...but this guy ain't paying up.I'm surprised at your patience to be honest.

[Mister Fish]

Guess what? he's decided he wants to pay now. Will let you know if the money arrives as payment is pending.

Many thanks to everyone for their invaluable help and advice.

Edited August 4, 2011 by Mister Fish

[Keithw]

had something like that on smaller scale

person on here ordered a record 130 quid

to be paid for on his payday in 3 weeks time

reminded him with 2 days to go---- no reply

had seen he had posted on here in mean time

send pms and e-mails , about month later told him id sold it

as couldnt wait any longer,said he had been off line

even though i had read his posts

then

saw him @ stoke

looked through box and picked out 130 - record

just gonna get wife drink then i.ll be straight back

you guessed it - didnt come back

not telling you his name

why do people do this

also people who say if a record is e.g. 150

then they say will you take 130 , i say yes if you pay straight away

then they pay you the 130 5 weeks later

and youve only knocked money off to get them to pay quick

Edited August 4, 2011 by keithw

[Shaun W]

had something like that on smaller scale

person on here ordered a record 130 quid

to be paid for on his payday in 3 weeks time

reminded him with 2 days to go---- no reply

had seen he had posted on here in mean time

send pms and e-mails , about month later told him id sold it

as couldnt wait any longer,said he had been off line

even though i had read his posts

then

saw him @ stoke

looked through box and picked out 130 - record

just gonna get wife drink then i.ll be straight back

you guessed it - didnt come back

not telling you his name

why do people do this

also people who say if a record is e.g. 150

then they say will you take 130 , i say yes if you pay straight away

then they pay you the 130 5 weeks later

and youve only knocked money off to get them to pay quick

There are 18 members on here with the name Shaun in their user name; as one of them I wouldn't want anyone to think that your post was referring to me.

I know that I'm not the individual in question. However, I'm concerned that dealers might now view any potential purchase I wish to make as suspicious because of my name.

Pesonally I have no real issue with a name and shame policy but if you're not prepared to to give the full name of the individual concerend then perhaps you should not have given the christian name.

Edited August 4, 2011 by chalky
edited name

[Keithw]

ok - have edited it now

sorry it isnt you , didnt mean to cause you concern

[Shaun W]

ok - have edited it now

sorry it isnt you , didnt mean to cause you concern

Cheers Keith and thanks for that.

I'm actually glad it isn't me

[Keithw]

bet i dont get a post from the person it is

[Chalky]

Thanks Keith for editing.

If going to name and shame give full name not just first name as it tars all with same brush, this is aimed at everyone btw.

Would ask that follow all procedures available though before naming and shaming and make sure you have all the facts, that includes reporting the member to the site as well before naming and shaming in a topic to see if we can do anything first.