kennith said:
Okay, so now that it's been pointed out that your mano a mano strategy won't work, you're defaulting to another one that won't work. Thanks for your insight, and let me know when you have something at stake here.
The never-ending Rack Thread
- Thread starter JLS
- Start date
Okay, so now that it's been pointed out that your mano a mano strategy won't work, you're defaulting to another one that won't work. Thanks for your insight, and let me know when you have something at stake here.
A
agro1
Guest
Kennith - please explain exactly HOW those who are trying to find KVT are supposed to "persue it man to man" when he clearly does not want to be found ?
Becasue if you can, you will have solved this problem for everyone.
We're all ears...
Becasue if you can, you will have solved this problem for everyone.
We're all ears...
Kenneth, Andrew...I think both of you are right. Andrew, I would ask all those associated with the group purchase who haven't gotten satisfaction to pm you so that you guys can share the information and attempt to meet a resolution to the whole schpeal for all of you. Kenneth has a point, that even though your frustration level with Kyle is thru the roof, opening him up to 350 million wackos on the internet might not be the right thing to do, which I think you agree with on some level, as its been a year and you've not done it yet.
And yeah, I have/had a stake in this thing. I was part of the original group buy, and after a few months Kyle did give me a refund. He was not very specific on what his situation was, but I got the impression that he was up to his neck in what was supposed to be a part-time gig.
And yeah, I have/had a stake in this thing. I was part of the original group buy, and after a few months Kyle did give me a refund. He was not very specific on what his situation was, but I got the impression that he was up to his neck in what was supposed to be a part-time gig.
James:
I think you can ascertain that I really don't want to go the direction of opening the kimono on Kyle. I'm just not really willing to let him drive the schedule anymore, as it appears he's not getting it done.
I'll take your suggestion and let everyone affected get in contact with me via PM. I'll take the lead and provide them with the information that they need to file with the BBB, FBI, USPS and applicable law in Maryland.
I will, however, make the suggestion to Kyle that he has until the end of this week to at least put a plan together. That has been his biggest failure: no plan, no communication. If he came out and said "don't have the money but I'll make it up over the next xx months", then fine. Communicate.
If not, then I'll be making public information more public.
I think you can ascertain that I really don't want to go the direction of opening the kimono on Kyle. I'm just not really willing to let him drive the schedule anymore, as it appears he's not getting it done.
I'll take your suggestion and let everyone affected get in contact with me via PM. I'll take the lead and provide them with the information that they need to file with the BBB, FBI, USPS and applicable law in Maryland.
I will, however, make the suggestion to Kyle that he has until the end of this week to at least put a plan together. That has been his biggest failure: no plan, no communication. If he came out and said "don't have the money but I'll make it up over the next xx months", then fine. Communicate.
If not, then I'll be making public information more public.
Sharperover said:
Sounds like a plan. I don't understand the the issue with the lack of communication either...after all it has been 13 months...
The ball is in your court, Kyle. You were pretty prompt with my transaction. All these guys want is the same. Just send them an email already.
Sharperover said:
Andrew, I can understand your plight. I am sorry that you do not have your $415, but I think you are going about this all wrong.
I am not a lawyer by any means, but based on your posts you are now suceptible to extortion. Here is how findlaw.com defines extortion:
"Extortion
Most states define extortion as the gaining of property or money by almost any kind of force, or threat of 1) violence, 2) property damage, 3) harm to reputation, or 4) unfavorable government action. While usually viewed as a form of theft/larceny, extortion differs from robbery in that the threat in question does not pose an imminent physical danger to the victim."
Now, I am not sure what contractual relationship you have with Kyle. However, I believe how you go about collecting this money makes a BIG difference. If you had a contract stating certain consequences for late delivery then I think you would be OK. I doubt you do though so extorting money or action is probably not the way to go.
I could be wrong though...
Not to throw Kyle or you under the bus, but the best bet would have been for you to act and not threaten. Now that you have publicly posted the threats you may want to talk to someone with more legal expertise than myself
Man, I have really been trying to stay out of this, but Andrew...
I have been in this situation before with a much larger sale and much more money.
If he was going to respond he would have. Too late for a plan, continue on with your plan, it has been a year for christs sakes, you don't think a year is enough time to plan.
Its over for Kyle and his inaction to this, you know what you need to do.
I am not sure about extortion, but you likely do not desire to hurt Kyles business by saying anything unprofessional in a public forum. This can be as simple as name calling, slader or bashing, it will hurt your cause.
Start the legal route, maybe that will poke him in the ass, but until you do, your typing here is pretty much a waste.
I have been in this situation before with a much larger sale and much more money.
If he was going to respond he would have. Too late for a plan, continue on with your plan, it has been a year for christs sakes, you don't think a year is enough time to plan.
Its over for Kyle and his inaction to this, you know what you need to do.
I am not sure about extortion, but you likely do not desire to hurt Kyles business by saying anything unprofessional in a public forum. This can be as simple as name calling, slader or bashing, it will hurt your cause.
Start the legal route, maybe that will poke him in the ass, but until you do, your typing here is pretty much a waste.
Last edited:
I think part of the problem here is that people were sending money around with little or no contract stating when and how the delivery should occur. ANYTIME you pre-pay on ANYTHING from ANYONE there should be a legally binding contract stating the deliverable and the timeline for delivery. Take Ebay as an example. Everything is pre-pay, but is also held by a contract. It does not 100% percent prevent fraud, but it also gives legal recourse.
A
agro1
Guest
No kidding....curtis said:
Pull your head out of your ass, Curtis. Extortion ?? How would anyone that is OWED something, and has already paid for it be guilty of extortion ??curtis said:
That findlaw definition assumes no transaction has ALREADY taken place. In this case, it has.
Correct me if I'm wrong, but where has anyone threatened Kyle ?? All they've done is threaten legal action. Nothing illegal about that.
Could ??? You give youself too much credit...curtis said:
bri said:
I am just guessing here, but I do not believe that is true. An email or verbal agreement does provide evidence that an agreement exists, but it is not nearly as binding as a proper contract. In a contract you can be much more specific about what is expected and what the consequences will be including using the threat of various collection methods.
Either way, my point was that I doubt Andrew has a contract, email, or anything else saying that he could threaten Kyle with legal action. Someone much wiser than myself once told me: you NEVER threaten to sue. You just sue. Likewise, I would imagine you never threaten to get someone in trouble with the law for an action. You just do it.
Agro - you sure show a lot of emotion for someone who does not have a dog in the fight. I would suggest upping the Diazepam a tad.
I am simply advising people to be more careful with thier money. Write a contract. Shit, you can do it on toilet paper or even online of you are careful with what you say. If you dispuite that you are a moron.
I am simply advising people to be more careful with thier money. Write a contract. Shit, you can do it on toilet paper or even online of you are careful with what you say. If you dispuite that you are a moron.
A
agro1
Guest
Curtis - a verbal agreement is just as binding as any written contract. See Main Line Pictures v. Basinger (1994) 2nd App. Dist. No. B077509
Whose the moron ??
Whose the moron ??
Last edited:
Bitchin on Dweb isn't going to help you any more than it has done already.
I suggest you consider going off line and resolving it in a method that achieve one of your goals, either cash back or product.
I suggest you consider going off line and resolving it in a method that achieve one of your goals, either cash back or product.
B
BeachRover
Guest
Staying out of this, only offering explanation of WHAT is a contract. As a "contractor" I deal with contracts weekly.
The official definition of a contract (in basic terms), in the courts of North Carolina, is "An Offer & Acceptance". You can also be found to have "implied intent" even without fully executing a "formal written contract."
Contracts come in many forms and one must be very careful with their words and actions as both can commit you contractually to someone.
The official definition of a contract (in basic terms), in the courts of North Carolina, is "An Offer & Acceptance". You can also be found to have "implied intent" even without fully executing a "formal written contract."
Contracts come in many forms and one must be very careful with their words and actions as both can commit you contractually to someone.
agro1 said:
LOL. Looks like you are
:" Main Line Pictures v. Basinger (1994) 2nd App. Dist. No. B077509
In this highly-publicized case, a jury had awarded almost $8 million in damages to the plaintiff production company against the actress Kim Basinger and her production company on a breach of contract theory based on Basinger's refusal to appear in the film "Boxing Helena." GMSR represented the defendants on appeal and obtained a reversal of the judgment on the ground that the ambiguous wording of the special verdict form made it impossible to determine whether the jury had determined that Basinger, her production company, or both had entered into the contract."
Next time you go buy something Luke, just take thier word for it. See if it holds up. I think I will just learn from other mistakes and make sure the terms are clearly outlined.
Talk about having you head up you ass...
I just watched a riveting episode of The People's Court in which the Plaintiff proved and won his case that was based on a Verbal agreement. Enough said
Curtis, IMHO, a man's word defines his character. If people can't hold people to their own accords then we all get hosed. Having said this, personally I would have asked for something in writing, however, this does not give Kyle an excuse to not perform his obligations. Good luck to all of you!
p.s. $450 for a micro-rack, damn that's expensive.
in which the Plaintiff proved and won his case that was based on a Verbal agreement. Enough said Curtis, IMHO, a man's word defines his character. If people can't hold people to their own accords then we all get hosed. Having said this, personally I would have asked for something in writing, however, this does not give Kyle an excuse to not perform his obligations. Good luck to all of you!
p.s. $450 for a micro-rack, damn that's expensive.
lgoldd1 said:
I could not have said that better and it goes to my original point. Outline the terms, watch your words, and watch your money. If you don't you run the risk of all three going to shit.
Curtis, I recall that you bought one of the first backpack racks from Kyle. Did you prepay? Did you have a signed contract that stated the deliverable and timeline?
I'm just curious.
Chris Browne, quit bitchin about people bitchin on Dweb.
I'm just curious.
Chris Browne, quit bitchin about people bitchin on Dweb.
I still hold by the verbal contract. Especially in the relevance of this case.
If Kyle said, pay me 375 in advance and you will get a rack and it was documented in email and via paypal. he is legally obligated to get you a rack. If there was a date involved (and there was in my case) he needs to get you the rack by that date or give your cash back or he is breaking the law.
If this did not happen, take it to the law and BBB and let Kyle/Rover Solutions know what you are doing and that you will not stop until it is resolved.
I had this vary thing happen on another Rover deal but it was a much, much bigger dollar amount. Its a total pain in the ass and I really feel for the people that were screwed here.
If Kyle said, pay me 375 in advance and you will get a rack and it was documented in email and via paypal. he is legally obligated to get you a rack. If there was a date involved (and there was in my case) he needs to get you the rack by that date or give your cash back or he is breaking the law.
If this did not happen, take it to the law and BBB and let Kyle/Rover Solutions know what you are doing and that you will not stop until it is resolved.
I had this vary thing happen on another Rover deal but it was a much, much bigger dollar amount. Its a total pain in the ass and I really feel for the people that were screwed here.