I am been sued

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#839925 19-Jun-2013 22:28

tardtasticx: I totally dont understand why you're forced/sued to go through with it.

He hasn't paid you a cent (you havnt mentioned him sending you money?)
Neither of you signed anything, only exchanged various details and agreed on a price via sms.

And like someone said above, if he has to get a loan to buy a licence plate, why would be have enough money to go and get a damn lawyer to "sue" you.

IANAL, but I believe an SMS , and even verbal contract can be considered a binding contract.

Not everyone has 10's of thousands in their account. It may have been an investment, or they may have purchased for someone else, and they would then make a margin. They also may have lawyer friends who will do it probono. You can't really assume anything.

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#839926 19-Jun-2013 22:30

tardtasticx: I totally dont understand why you're forced/sued to go through with it.

He hasn't paid you a cent (you havnt mentioned him sending you money?)
Neither of you signed anything, only exchanged various details and agreed on a price via sms.

And like someone said above, if he has to get a loan to buy a licence plate, why would be have enough money to go and get a damn lawyer to "sue" you.

My young friend, there are many things in this world yet to be learnt!

When it comes to money, sale and purchase, business, some things mean a lot to certain people whether it's ego, business sense, profit, and you don't need to have money to make money. If you have a company you lease everything on the company's name. Obviously he wants this plate and he will do anything he can to complete this deal.

Dratsab

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#839937 19-Jun-2013 22:40

1. As has already been said numerous times, contact a lawyer - especially as you appear to have entered into a verbal contract.

2. When the "buyer" next contacts you advise him to address all further correspondence through your lawyer. If you are contacted prior to speaking with a lawyer, tell the buyer when you will be speaking with a lawyer and that
a. you will advise him of your lawyers contact details in due course and
b. you will not be responding further to any of his communications.

3. If the buyer persists in contacting you, call your mobile provider and make a nuisance phone call complaint. If the contacts become personally threatening (as opposed to a continuance of the "I'm going to sue you" theme), contact police.

4. Consider the security of your plates.

5. Keep a permanent record of all contacts - take photo's of the text messages if you have to.

6. Have a shot of your favourite drink and chill out. Right now there's nothing you can do so don't waste time fretting about it :-)

networkn

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#839941 19-Jun-2013 22:44

nathan: frankly I'm amazed that a license plate can be worth so much

I was offered a CONSIDERABLE Sum by someone who wanted my plate. Over 50K. I've had an offer not far under that for it too.

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#839942 19-Jun-2013 22:47

networkn:
nathan: frankly I'm amazed that a license plate can be worth so much

I was offered a CONSIDERABLE Sum by someone who wanted my plate. Over 50K. I've had an offer not far under that for it too.

If they contact you again, let them know I have a rock that keeps away tigers that I would be happy to sell to them for $50K. It's a much better investment than a number plate.

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These comments are my own and do not represent the opinions of 2degrees.

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#839945 19-Jun-2013 22:48

SaltyNZ:
networkn:
nathan: frankly I'm amazed that a license plate can be worth so much

I was offered a CONSIDERABLE Sum by someone who wanted my plate. Over 50K. I've had an offer not far under that for it too.

If they contact you again, let them know I have a rock that keeps away tigers that I would be happy to sell to them for $50K. It's a much better investment than a number plate.

Value is in the eye of the perceiver.

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#839947 19-Jun-2013 22:52

So i am stuck and have to sell the plate on to him.

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tardtasticx

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#839948 19-Jun-2013 22:53

BaaaaD: So i am stuck and have to sell the plate on to him.

See a lawyer and get their proper advice. He's probably bluffing but just be safe and go the legal way.

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#839950 19-Jun-2013 22:55

DarthKermit: Leave the country on the next available flight.

The obvious course of action, right after re-installing your master filter drivers.

mattwnz

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#839953 19-Jun-2013 22:59

nathan: frankly I'm amazed that a license plate can be worth so much

I say the same thing about property in NZ, especially Auckland. It is all about supply and demand.

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#839960 19-Jun-2013 23:15

To be honest it could be considered an agreement and if he has borrowed the money then I can understand why he wants to force this. Maybe you could compromise and pay for his interest/borrowing costs (if he can provide invoices etc.) and then ask to leave it at that?

Lesson of the story, never commit to something unless you really are committing.

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#839967 19-Jun-2013 23:45

Can SMSs really be used as a binding contract?
You can never be 100% sure who is on the other end sending the SMSs to you.

Just say someone else was using your phone and it wasn't actually you who sent them.

Is this really any different to all those sales that don't get completed on TradeMe once an auction has been won?

PS It's late so don't really listen to anything I've said. :p

Opinions are my own and not the views of my employer.

gradwefran

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#839971 20-Jun-2013 00:20

I'm a lawyer with 25 years practice. You have a binding arrangement so honour it. By the way all your postings on here are good evidence for the buyer.

mattwnz

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#839972 20-Jun-2013 00:22

CYaBro: Can SMSs really be used as a binding contract?
You can never be 100% sure who is on the other end sending the SMSs to you.

Just say someone else was using your phone and it wasn't actually you who sent them.

Is this really any different to all those sales that don't get completed on TradeMe once an auction has been won?

PS It's late so don't really listen to anything I've said. :p

Trademe sales are also legally binding, so people can be sued to complete them. I recall there being one on Fair go recently.

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#839973 20-Jun-2013 00:24

mattwnz:
CYaBro: Can SMSs really be used as a binding contract?
You can never be 100% sure who is on the other end sending the SMSs to you.

Just say someone else was using your phone and it wasn't actually you who sent them.

Is this really any different to all those sales that don't get completed on TradeMe once an auction has been won?

PS It's late so don't really listen to anything I've said. :p

Trademe sales are also legally binding, so people can be sued to complete them. I recall there being one on Fair go recently.

Exactly my point, one story of someone suing out of how many that don't actually get completed?

Opinions are my own and not the views of my employer.

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