I am been sued

Forums › Off topic › I am been sued - HELP!

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1907 posts

Uber Geek

#839749 19-Jun-2013 19:30

Sit back and wait for him to come to you. If you are worried, as above, contact your local citizens advice centre.

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sidefx

3702 posts

Uber Geek

Trusted

#839751 19-Jun-2013 19:30

If you're worried about this, I'd say chat with a lawyer. At the very least contact the CAB, they offer free legal advice I believe.

"I was born not knowing and have had only a little time to change that here and there." | Octopus Energy | Sharesies
- Richard Feynman

BaaaaD

29 posts

Geek

#839754 19-Jun-2013 19:33

Last SMS he sent to me was today at 5pm:

XXX, this is getting very frustrating. I would like this matter concluded without further delay, if forced to, i will sue you for specific performance to ensure you comply with the terms of the agreement, and that will be very costly for me.

NonprayingMantis

6434 posts

Uber Geek

#839756 19-Jun-2013 19:37

The kind of person who is vain enough to drop tens of thousands on a vanity plate, especially to borrow money for it, is certianly going to be willing to spend a few grand n a lawyer to make sure he gets what he wants.

What you could do, is sell the plate to somebody else (family member or trusted friend) then there is no way he can sue you for specific performance since you don't own the plate anymore and so it is impossible for him to force you to sell it to him.

The most he could get then is damages, which at most would be the interest on the money he borrowed to buy the plate

But check that with a lawyer first... Seriously

DravidDavid

1907 posts

Uber Geek

#839757 19-Jun-2013 19:37

BaaaaD: Last SMS he sent to me was today at 5pm:

XXX, this is getting very frustrating. I would like this matter concluded without further delay, if forced to, i will sue you for specific performance to ensure you comply with the terms of the agreement, and that will be very costly for me.

Don't reply. He might get so angry you can claim you were being bullied. If he really wants to sue you, he can have a lawyer contact you directly. Don't provoke him by replying.

JarrodM

969 posts

Ultimate Geek

#839758 19-Jun-2013 19:38

Just revising stuff on contract law for my commercial law exam tomorrow (never knew it would come in handy, haha)

Sounds like you have all the elements required for a valid contract. and he's probably within his rights.
there is intention to create legal relations
offer and acceptance
and consideration.

P.S
Don't rely on this. I'm not trying to act as a lawyer. so probably get some actual advice from a lawyer. (just covering my backside haha, something else I learnt. hopefully I remember it tomorrow)

BaaaaD

29 posts

Geek

#839764 19-Jun-2013 19:44

I have not replied to his email or SMS what so ever.

Going buy his email he sent he wanted me to confirm in reply to one of his email on the agreement or sign what his lawyer drafted up.

nathan

5695 posts

Uber Geek
Inactive user

#839768 19-Jun-2013 19:47

Did you ever say yes I agree, I accept your offer price?

BaaaaD

29 posts

Geek

#839771 19-Jun-2013 19:49

SMS TRAILS:

He said: We have the deal u agreed to at $xx plus xx number plate. I have xxx$ now and will borrow the $xxxx

I said okay david. i am happy with B for xxx$ plus xxx number plate.

He said: Email me with your bank detail and so i can send you a sale and purchase agreement.

I said: ddd@xxx.com

I said: Don't need to worry about pay just yet. I am going for a holiday on Saturday will be back in 2 weeks time. send me the forms to my email address and i will fill it out.

Today he said the follow:

XXX, this is getting very frustrating. I would like this matter concluded without further delay, if forced to, i will sue you for specific performance to ensure you comply with the terms of the agreement, and that will be very costly for me.

nathan

5695 posts

Uber Geek
Inactive user

#839779 19-Jun-2013 19:54

Talk to a lawyer, to me it sounds like you've agreed on the price and now changed your mind and broken your word

ubergeeknz

3344 posts

Uber Geek

Trusted

Vocus

#839781 19-Jun-2013 19:56

I am not a lawyer. But that looks like offer and acceptance to me, and that's all it takes to make a legally binding contract in New Zealand. Your best bet is to call your lawyer and give him all the information you've given us ; or simply wait for his lawyer to contact you (and then contact your lawyer).

In summation, contact your lawyer. Alternatively, go through with the deal that you agreed to.

BaaaaD

29 posts

Geek

#839782 19-Jun-2013 19:56

XX, I've been texting and emailing you for the past few weeks with no
response.

That is entirely unacceptable, in that we have an agreement for the sale
of the plate " XX " which I expect you to honour.

Perhaps you are having "sellers remorse" and wish to suggest a variation
to the agreed deal ?
You have previously indicated you may want to vary the agreement to
involve the plate " XX " as part of the deal.
If that is the case, please advise, and I will without prejudice to the
present position, consider it.

In any event, I require a response from you to my communications without
any further delay.

The above is what he said 2 days ago.

chevrolux

4962 posts

Uber Geek
Inactive user

#839783 19-Jun-2013 19:58

How about don't waste people's time by advertising something is for sale and then changing your mind. You are not the victim here.

JamesL

956 posts

Ultimate Geek
Inactive user

#839786 19-Jun-2013 20:03

It's not his fault the other guy needed to get a loan for the plate, it's not like he can't return the borrowed money

I would go out of my way not to sell the plate to him when he starts threatening to sue

BaaaaD

29 posts

Geek

#839792 19-Jun-2013 20:10

How do i go out my way and not selling the plate to him when he sends me those emails and txts.

Nothing was advertised, me and him got into a txt conversation about number plates.

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