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marc
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Needs to get a life! |
Registered: March 2003
Messages: 4729
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I just as well could drop'em and grease it up for what is always enivetible...... A GOOD SCREWING!!!!
Kevy says I am a hermit.... I guess he is right.... And rightly so....
People suck.... Every time I try I get it in the schute......
I WILL NOT TRY AGAIN......
EVER!
Life is great for me... Most of the time... But then I meet people online... Very few are real friends... Many say they are but know nothing of what it means... Some say they are, but are so shallow...
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Please choose one of the following:
- Good luck
- Sorry to hear it
- Better luck next time
- Enjoy yourself
- Other
whichever is appropriate, as I have no idea what you're talking about.
Best wishes,
Deeej
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marc
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Needs to get a life! |
Registered: March 2003
Messages: 4729
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I am talking about people..... The people here, in real life, the ones I have to deal with on a daily basis.....
People suck!!!!
Try to do someone a favor.... NEVER AGAIN!!!
Life is great for me... Most of the time... But then I meet people online... Very few are real friends... Many say they are but know nothing of what it means... Some say they are, but are so shallow...
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Sorry, Marc, if my response sounded callous. I thought you were talking about fixing a car or something.
David
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timmy
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Has no life at all |
Location: UK, in Devon
Registered: February 2003
Messages: 13796
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what happened?
Author of Queer Me! Halfway Between Flying and Crying - the true story of life for a gay boy in the Swinging Sixties in a British all male Public School
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marc
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Needs to get a life! |
Registered: March 2003
Messages: 4729
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A person, a friend... for which we set up a deal, a great quantity of warehouseing materials, shelving sorting bins etc... for which, due to the restraints if immediacy we agreed to pay, renegged on their part of the transaction.....
This is a devistating blow to our financial picture..... It is unlikely we will be able to recoup any of the innitial investment
Financialy, this is devistating for Kevy and myself.....
Life is great for me... Most of the time... But then I meet people online... Very few are real friends... Many say they are but know nothing of what it means... Some say they are, but are so shallow...
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Marc, just tell me who he is and I will go and kick his ass and keep kicking it till he pays up.
I believe in Karma....what you give is what you get returned........
Affirmation........Savage Garden
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timmy
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Has no life at all |
Location: UK, in Devon
Registered: February 2003
Messages: 13796
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It seems this person's friendship only extends to using your finances. Perhaps you should send him a stern, formal legal letter suggesting that he reimburse you?
Author of Queer Me! Halfway Between Flying and Crying - the true story of life for a gay boy in the Swinging Sixties in a British all male Public School
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Marc
I agree with timmy that it could be worth trying a formal legal letter - a verbal contract is usually still considered to be a contract (although may be difficult to prove!) - asking your friend for their proposals for making good on their original promise.
But I don't altogether believe you when you say "I WILL NOT TRY AGAIN ... EVER!" Having been in a rather similar position to the one you're in on a couple of occasions, I know how much it hurts - the sense of betrayal even more than the financial repercussions. But you have time and again on this board shown yourself to be a truly decent and deeply caring human being ... I just don't believe that (once you have recovered from the current unpleasantness) you will never again take risks to help another person. Yes, there is always the risk of hurt, but (you know probably better than most people) the potential rewards. Your friends both realworld and on-line can count themselves lucky people.
best of luck sorting out the current problems!
NW
"The ultimate weakness of violence is that it is a descending spiral, begetting the very thing it seeks to destroy. ... Returning violence for violence multiplies violence, adding deeper darkness to a night devoid of stars." Martin Luther King
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Frank
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Getting started |
Registered: February 2006
Messages: 18
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Can I jump on the ass kicking band wagon. I'm sure a few persuasive kicks and he'd be willing to pay up. On the other hand there is always ... dun dun dunnnnn Judge Judy!
Don't aske I swear I'm not serious my grandpa just happens to love watching it.
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marc
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Needs to get a life! |
Registered: March 2003
Messages: 4729
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As the old saying goes,,,, Hope for the best but expect the worse....
Well, the worse happened today...
What I had here is fast crumbling away...
Too fast to try to grasp pieces or try to save even a little...
I am so depressed I can taste it...
Life is great for me... Most of the time... But then I meet people online... Very few are real friends... Many say they are but know nothing of what it means... Some say they are, but are so shallow...
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cossie
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On fire! |
Location: Exiled in North East Engl...
Registered: July 2003
Messages: 1699
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... and I'm not clued up on the intricacies of US Law, so these are just a couple of random thoughts.
NW's comment about oral contracts being enforceable is very much to the point. Over here, it would be a civil issue, to be resolved on a balance of probability - and if you had no apparent use for such a quantity of storage materials but your reneguing friend had, that would give you a distinct advantage in Court.
If you've paid the money, then presumably you have the goods. I don't therefore understand why you don't expect to recover any of your investment. The goods should be re-saleable, even if at a loss. I wouldn't overlook the possibilities of eBay or any other internet facility as a means of disposal.
Above all, though, you need basic legal advice as to your situation under US Law, BEFORE you do anything else. For example, if you attempt to re-sell without starting the legal process, you leave yourself open to the argument that re-sale was your intention from the outset.
I hope that you can find a way out of the mess, but - hard though it may be - you have to take the necessary steps yourself, even though you are the injured party and are in no way to blame. It's a hell of a situation to cope with, and it must hurt all the more because you were dropped in it by a 'friend' who sought your help. Don't hesitate for a moment to screw him for as much as you can - from what you say he's an insult to the human race.
For a' that an' a' that,
It's comin' yet for a' that,
That man tae man, the worrld o'er
Shall brithers be, for a' that.
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timmy
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Has no life at all |
Location: UK, in Devon
Registered: February 2003
Messages: 13796
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The problem is not so much cahs as cashflow.
Marc has paid for servcies he no longer needs based on a verbal contract from his presuming friend. The services are not resaleable because they are a wasting asset - storage for a period of time - and the market is not one he trades in.
His issue is that his other creditors need him to pay them, but he has used the money speculatively on the verbal contract form his friend, in the full expectation of getting his money back in time to pay his own creditors.
While it is very likely that he will recover the money he has paid out, he is concerned that this will not happen before his creditors call in his debts to them.
This is a familiar thing for all small businesses. It means he feels thoroughly stressed because the situation he is in has a resolution, but time presses in and may not allow him to resolve it. Unless he can show his own creditors that he can make full payment, given time to recover his own money, then an uncharitable one might be foolish enough to issue proceedings against him
The only option here is to be wholly open with his creditors about the situation. This usually works. However there is a danger in naming the friend, because Marc's creditors may then puruse him and thus bankrupt him before he has the opportunity to pay Marc.
So it's complex.
The one thing is, I know Marc well enough to know that, though he is highly stressed right now, he has the calmness and common sense and sheer grit to see this through.
He could do with our all standing by him. There isn;t a lot we can do, but we can help him with an outlet for his stress
Author of Queer Me! Halfway Between Flying and Crying - the true story of life for a gay boy in the Swinging Sixties in a British all male Public School
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Marc,
I have no business experience so all I can do is hope that it can be sorted out without causing you too much grief.
And that your colleague gets what is coming to him whatever is appropriate within the scope of the law...
David
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marc
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Needs to get a life! |
Registered: March 2003
Messages: 4729
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I just want everyone to know that I appreciate all the good words and all.
But please can we stop the "retribution" comments and ill wishing.....
Firstly, I am not built that way..... Secondly, he is a friend and I don't have so many that I can dissmiss them easily.
I have to work tomorow and I will see him no doubt, after all his shop is only 10 feet away from mine. I just need to make a shedload of cash real fast and all will be put to rights. Albeit I still have to dispose of the aformentioned shelving that now inhabits a good 3/4 of my basement but like I wlways say...... There is a buyer for just about everything.... It's just a matter of finding him/her.
What hurt me most I think is that it also hurt Kevy..... He left for class last evening in tears and ...... well...... he doesn't deserve that sort of stress.
I will be ok...... Kevy will too.... I vented a bit..... threw a hammar at a rock and dented it.... the rock that is.....
I just hope it does not rain tomorow...... Our business hinges greatly upon the weather.....
Anyhow, thanks all,
Marc
Life is great for me... Most of the time... But then I meet people online... Very few are real friends... Many say they are but know nothing of what it means... Some say they are, but are so shallow...
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timmy
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Has no life at all |
Location: UK, in Devon
Registered: February 2003
Messages: 13796
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It is your call to be charitable. "Retribution" per se is wrong. But getting what you are owed is right. Friend or not it is not his role to destroy you, even by accident. Maybe he just needs to know what has happened.
Author of Queer Me! Halfway Between Flying and Crying - the true story of life for a gay boy in the Swinging Sixties in a British all male Public School
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cossie
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On fire! |
Location: Exiled in North East Engl...
Registered: July 2003
Messages: 1699
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Though this was very much my field in the 1970s and 1980s, the exact relationship between goods (warehouse equipment) and services (storage) is by no means clear to me.
However, I still think Marc should obtain professional advice, because what he does - and the order in which he does it - can have repercussions if the matter does end up in the bankruptcy court.
Unless US law differs markedly from UK law in this field, I don't see how Marc's creditors can 'jump' to the guy who owes Marc. There is no contractual relationship between Marc's creditors and the defaulting debtor. It is only by bankrupting Marc that the Trustee in Bankruptcy would 'inherit' a right to take action against the defaulter.
From the information in Timmy's post, it seems that there is every chance that Marc could make a formal arrangement with his creditors but, again, professional advice is essential. If this had happened in the UK, and if Marc has a decent credit record (not a measure of wealth but of past reliability!), I would have expected his bank to look favourably at the possibility of short-term refinancing to keep him solvent - though once again I don't know enough about the facts.
Whatever the outcome, I wish Marc every success in his endeavours. As regards 'retribution', I realise Marc's problem if the defaulter is a close trading neighbour, but in my professional life I have seen this sort of thing so often that my sympathies are firmly with the creditor - in this case Marc. Defaulters who escape the consequences of their actions frquently default against others - again and again and again. Such people are a menace in the world of small business.
For a' that an' a' that,
It's comin' yet for a' that,
That man tae man, the worrld o'er
Shall brithers be, for a' that.
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yea, self employment isn't a bed of roses..well..maybe it is..but ya gotta sleep with those thorns! i know!! you're not alone brother mark, or timmy, or others..
TeddyBear!
Life's a trip * Friends help you through * Adventure on life!
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timmy
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Has no life at all |
Location: UK, in Devon
Registered: February 2003
Messages: 13796
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cossie wrote:
> Unless US law differs markedly from UK law in this field, I don't see how Marc's creditors can 'jump' to the guy who owes Marc. There is no contractual relationship between Marc's creditors and the defaulting debtor. It is only by bankrupting Marc that the Trustee in Bankruptcy would 'inherit' a right to take action against the defaulter.
Thsi is not a "legal leap" but an "intellectual Leap".
"Ah, you are owed money by John Doe. So are we. If we pursue him we will get ours, and maybe before you do".
The things are not linked by anything except the name of the debtor, and the debts are not linked
Author of Queer Me! Halfway Between Flying and Crying - the true story of life for a gay boy in the Swinging Sixties in a British all male Public School
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marc
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Needs to get a life! |
Registered: March 2003
Messages: 4729
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I talked with my friend and while we had no fiscal meeting of the minds I at least got my point across.
While sorry for the mishap no viable solution was proposed.
I think I have a solution for the sale of the massive amount of shelving with little to no loss in sight....
I will reconfigure the shelving to smaller runs and offer them to local farmers as tool organizers for their workshops.
It will take alot of work but I am used to that....
We'll see what happens....
Life is great for me... Most of the time... But then I meet people online... Very few are real friends... Many say they are but know nothing of what it means... Some say they are, but are so shallow...
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marc
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Needs to get a life! |
Registered: March 2003
Messages: 4729
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Well, it seems it is all for naught.
While we were able ti refinance one debt.....
My other creditors feel impelled to impose late fees on all debts which makes climbing back out of this hole near imposible.
It seems we are like a turd flushing....
Heading down the pipe like a freight train....
Oh well, I tried.... and as usual.... failed
Life is great for me... Most of the time... But then I meet people online... Very few are real friends... Many say they are but know nothing of what it means... Some say they are, but are so shallow...
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timmy
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Has no life at all |
Location: UK, in Devon
Registered: February 2003
Messages: 13796
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Or you can just get a longer ladder. You can do this
Author of Queer Me! Halfway Between Flying and Crying - the true story of life for a gay boy in the Swinging Sixties in a British all male Public School
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marc
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Needs to get a life! |
Registered: March 2003
Messages: 4729
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no I can't.....
Life is great for me... Most of the time... But then I meet people online... Very few are real friends... Many say they are but know nothing of what it means... Some say they are, but are so shallow...
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marc
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Needs to get a life! |
Registered: March 2003
Messages: 4729
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Well it seems trying is all for nothing.... I have done everything I can and it still is not enough....
The business is a hairs breath from slipping away and we are about to be evicted from our home....
I am so depressed it takes concious effort to breathe....
I feel as if I am becoming both weaker and stronger by the minute....
it doesn't matter any more.... I have no energy left with which to fight it....
Life is great for me... Most of the time... But then I meet people online... Very few are real friends... Many say they are but know nothing of what it means... Some say they are, but are so shallow...
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