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Trade gone wrong......................... thoughts?

Discussion in 'The Hokey Ass Message Board' started by zgears, Feb 7, 2008.

  1. zgears
    Joined: Nov 29, 2003
    Posts: 1,576

    zgears
    Member

    Any of you guys ever had a trade go wrong, and how did you deal with it?

    I just did a construction job for a model a restorer/speed parts guy. hes supposed to do $2400 in work to my 29 roadster, but more than a year and a half on from our agreement hasn't started. just excuses. I thought I was dealing with a stand up guy, now he seams to have a lazy streak. the guy dose good work, when he does work. I neglected or procrastinated and didn't write a contract.

    the following is my attempt to reign this in before it gets too messy... thoughts?

    "since we started with out a contract, I wanted to clear up any confusion
    about our trade deal . since I'm finished with my part of the trade, I'm going to give my terms.
    I don't want you to think that this trade deal so casual that you can just work on my car whenever. payment is past due. I'm really not interested in giving you a indefinite 0 interest loan. If your not going to be starting and finishing my car soon then I should be paid in full in cash.Ill be picking up my car on may 1st finished or not with balance due in cash. as a incentive Ill give you 4 months at 0% interest from my finish date of 12-22-07 . If you chose to not prioritize and miss the finish date I'm charging 20% interest backdated to my finish date."
     


  2. good luck in court.

    you're just gonna hafta ride his ass until he either gets to work or coughs up some dough.

    unless you have receipts for materials, and documented labor written AT THE TIME THE JOB WAS DONE, its a he said, he said deal...
     
  3. chaddilac
    Joined: Mar 21, 2006
    Posts: 14,053

    chaddilac
    Member

    and you won't be able to throw in a 20% interest on top of the deal just because. If it wasn't in the original deal then you can't just add that cause your pissed.
     
  4. I would tell him,if he isn't gonna work on your car,in trade,as agreed,then he owes you X amount of money for the work you did. That should either get him rolling or get him to pay up. You have to sound determined though. You can't be "wishy-washy".
     
  5. squigy
    Joined: Nov 30, 2003
    Posts: 3,915

    squigy
    Member
    from SO.FLO.

    Trades like that suck! someone always gets the shorter stick.
    Oh and make sure that you able to get your car back..
    have your paperwork in order.i would be nervous that he has my car.
     
  6. JeffreyJames
    Joined: Jun 13, 2007
    Posts: 16,627

    JeffreyJames
    Member
    from SUGAR CITY

    What would the character from Deadwood (your avatar) do in a situation like this? That sucks, my neighbor ended up having a situation like happen to him, but the guy did a shitty job instead of not doing a good one which he normally capable of doing. If this guy has not started yet, he may not do a good job once he starts. Which in the end may end up costing you more money. I would take the cash, because you would rather have someone put a bit of there soul into it rather then just hurry up and finish it doing a shitty job.
     
  7. zgears
    Joined: Nov 29, 2003
    Posts: 1,576

    zgears
    Member

    I did have a brain fart and not write a trade contract.... not to smart..... but I am a licensed general contractor and hes got a real bill unpayed.
     
  8. CruZer
    Joined: Jan 24, 2003
    Posts: 1,934

    CruZer
    Member

    I'd present him with the bill and collect the money. I sure wouldn't want that guy working on my car after I pissed him off,and you KNOW he'll be PO'd.
    Oh, and get your car outta there ASAP.
     
  9. pitman
    Joined: May 14, 2006
    Posts: 5,148

    pitman

    Some folks like to use pieces of paper, contracts, but you and he had a simple (as described) agreement. You might ask if there is anything else that you need to complete? in order to fulfill your half of THE Agreement. Then negotiate a reasonable completion date...one that he commits to. If there's clear reluctance to this offering, then you have the recourse you mentioned, to simply pay the bill if it's not possible for him to meet the agreement. Allow him room to provide, and to act, are thoughts that come to mind, and maybe you'll see what any reluctance is about.
     
  10. SaltCityCustoms
    Joined: Jun 27, 2007
    Posts: 1,212

    SaltCityCustoms
    Member

    I had a deal like this, long story short it was with a landlord I was going to rent from and I was going to do some work on his storage building in exchange for rent on my building but when it all was laid out on paper and I began to read our contract he had pretty much changed it to the point where I would renovate the entire storage building which was not part of our verbal agreement for the same price that I had said just to do some repairs, I knew this was just going to get worse and I told him that I would not work on his building at all and if he was going to be like that from the get go then I didn't want to rent his other building either.
     
  11. El Caballo
    Joined: Mar 3, 2001
    Posts: 6,332

    El Caballo
    Member
    from Houston TX

    Put a lein on his house.
     
  12. Section 8
    Joined: Mar 22, 2007
    Posts: 1,050

    Section 8
    Member
    from AZ

    That sucks, but that's why I wound never trade.

    Frankly, your proposed letter is pretty lame and only makes you seem weak.
    Show up take your car and present hin wiht a bill for the amount of the job you did for him.

    You made a mistake, get your car out of there and collect what you're owed. Then once your car is out of there, you can send him a demand letter for the value of the services you provived and sue him.

    He, and any judge, will only laugh at your attempt to collect interest. Don't embarasss yourself.
     
  13. glmke
    Joined: Jun 1, 2007
    Posts: 792

    glmke
    Member

    May i ask what shop you are dealing with.I live in the gresham area and would like to know who not give money too.
     
  14. Michael Pukash
    Joined: Mar 1, 2006
    Posts: 256

    Michael Pukash
    Member

    Go get your car! Tell him a handshake is not a contract but it's all about being a stand up guy. Would not want him working on my car anyway.
     
  15. Toqwik
    Joined: Feb 1, 2003
    Posts: 1,311

    Toqwik
    Member

    I would get my car back, THEN put a lein on his house
     
  16. Von Rigg Fink
    Joined: Jun 11, 2007
    Posts: 13,401

    Von Rigg Fink
    Member
    from Garage

    show up at his shop unannounced with the ability and intent to remove all of your car, and or parts there of.
    hand him a bill for the services on his home, with a 30 day deadline.
    and drive away.With your car! If within that 30 days he doesnt pay,than Lein his house.with a notice sent from your lawyer. (registered signed mail)
    and take it from there
    good luck
    and dont do that again
     
  17. 31whitey
    Joined: Jan 2, 2007
    Posts: 2,214

    31whitey
    Member

    go get your car dude......period
     
  18. noboD
    Joined: Jan 29, 2004
    Posts: 8,868

    noboD
    Member

    ME TOO!!
     
  19. bcharlton
    Joined: Sep 13, 2006
    Posts: 427

    bcharlton
    Member
    from Buffalo NY

    Remember what they say. Posession is 90% of the law. Get your car back asap.
     
  20. Kustomz
    Joined: Jun 7, 2006
    Posts: 555

    Kustomz
    Member

    I don't think its possible to put a lien on anything without a signed agreement. I would hand him a bill and pickup the car at the same time and go on down the road to look for someone else to work on your car.
     
  21. GassersGarage
    Joined: Jul 1, 2007
    Posts: 4,726

    GassersGarage
    Member

    In my state, you only have 1 year to file a claim. Check with your state with laws covering civil procedures. You may be out of luck. Also verbal contract general require an uninvolved witness. If its he, he said, general the laws favor the accused.

    Good luck.
     
  22. TxRat
    Joined: Dec 22, 2004
    Posts: 1,412

    TxRat
    Member

    alot of us have been down that road. I did a bunch of work on a "buddys" car in trade for another car and parts. well I did the work and I got the car but he stiffed me for $1500 in parts. Needless to say we arent friends anymore. Trades suck. Cash is king. go get your stuff....
     
  23. This is good advise. It sucks that you have to do this, lesson learned. Get your car, get your money, get on with it. Good luck.
     
  24. Bort62
    Joined: Jan 11, 2007
    Posts: 594

    Bort62
    BANNED

    Don't send that letter... or at least try and get your spelling right.
     
  25. 53sled
    Joined: Jul 5, 2005
    Posts: 5,817

    53sled
    Member
    from KCMO

    reposses your construction work, after you get ALL your stuff out.
    BFH does it every time.
     
  26. MetalMike
    Joined: Aug 1, 2007
    Posts: 88

    MetalMike
    BANNED

    WTF! Have you tried to just show up and have a regular conversation with him? Asked him you are wondering when he will start on your car? Everyone is so quick to sue! I hate yuppie mentality. I would think that's your last resort, sure. How about some man to man conversation? I don't know what type of work you are trading, but if he is an artist, you might have to work with him a little. Communication never hurts. (If you already tried all this, then disregard my comments. I just get surprised sometimes how in this modern age, people cannot communicate!)
     
  27. 53sled
    Joined: Jul 5, 2005
    Posts: 5,817

    53sled
    Member
    from KCMO

    After a year of waiting, I'd kick his artistic ass. I had a local spring shop dick me around for months, I went there twice a week, every week. He always acted like he didn't know who I was, so after a nasty phone call, I showed up ready to rock, and magically the springs got done and were waiting outside for me.

    Apparently communication just hurts less.
     
  28. MetalMike
    Joined: Aug 1, 2007
    Posts: 88

    MetalMike
    BANNED

    I didn't catch the "year and a half" part. OOPS! I would give an ultimatum, then act accordingly...
     
  29. NeilageInc
    Joined: Jan 6, 2008
    Posts: 29

    NeilageInc
    BANNED


    Nicely said. I would get the car and hand him a bill. Then after your car is safe, Fuck him up. I wouldn't stand for that shit 1 minute. And people wonder way the nice guys gets shit on.
     
  30. Mercmad
    Joined: Mar 21, 2007
    Posts: 1,383

    Mercmad
    BANNED
    from Brisvegas

    ..Then " Name and shame"
     

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