Issue I am having...

[sharksanddanger]

Okay, where to start.

I bought this axle for a guy that was wanting me to do his SAS kit on his Xterra. Well I fronted the money for it and he told me he was going to pay me by a certain date, well that date came and went several times before he finally paid me the amount. I told him that was fine either way and that we would still proceed with the swap. Well he backs out because of family issues, not a big deal that he did, but he then puts the axle up for sale and expects me to help him sell it, load it, carry it around and such without asking me too. Well I had gone through a whole lot of issues finding and retrieving a correct axle and wasting a lot of personal time and fuel money. I told him that it was not my responsibility to sell his axle especially since he fell through on the agreement we had, that I had lost money already, and that he needed to come and get the axle or have someone who is going to buy it come get it. I told him the days that I know for sure right now that I will be at the shop and have given him a timeframe to pick up the axle. He tells me that if he can't get here to get it and I give it away or sell it and I don't give him the money he will get me for "mail fraud" on the axle. I then proceeded to tell him that I would consider it storage fee for how long it has already been there plus the time until the last date I will allow him to get it.

Am I in the wrong here? Suggestion on what to do?

 

[jeepinmatt]

Part out the axle and ship him the housing.

 

[brokeass4runner]

Find a free Sami axle and put some fresh paint on it. Drop it off at his house.

Sell the one ya got.

 

[kaiser715]

Send him a certified letter. Tell him that he has until some date, say February 15 (a reasonable date) to remove his axle from your shop (in the letter, you will also offer reasonable accomodations to him as far as time and days available). Make it clear in the letter that if he does not pick up the axle by that date, or make 'satisfactory arrangements' with you for storage beyond that date ($$ per day after that date), then it will be assumed that he no longer wants the item, and it will be considered abandoned by him and will become your property.

IANAL, but this worked for me in a similar situation. It is important to send it certified, so you have proof of delivery in case he claims to have never been notified.

By threatening to "get you for mail fraud" he has already, whether serious about it or not, indicated possible legal action. I would also tell him in the letter that all further communications (other than arriving at agreed time and date to pick up his axle) with you must be in writing due to this statement. If he did (unlikely) follow thru on something, there is one thing to know about small claims court: Documentation, documentation, documentation. He who has the biggest stack of documentation wins, no matter who is right.

BTW, when he comes to get it. Point to it and say 'there it is'. If he has been an azz, I wouldn't lift a finger to help load it.

 

[rockmafia]

I think you are right, tell him either pick it up tomorow, or add up a bill for your time/gas/storage/etc, and give it to him. If he does not want to pay, keep the axle. Why should your time be free? Does he have a receipt? Any proof it's his? I don't understand how you can go out of your way to help someone, and the they want to screw you. This is why I like cash up front, unless it's someone I know and trust.

Mail fraud? Did he mail you the axle?

 

[Jeff B]

what type of axel is it?? maybe for free I'll come & get it!!

 

[upnover]

All good advice above. Keep records of your investments. Your time should not be considered free, unless he has documentation saying otherwise.

Biggest question, is he part of this board?

 

[Rich]

Send him a certified letter. Tell him that he has until some date, say February 15 (a reasonable date) to remove his axle from your shop (in the letter, you will also offer reasonable accomodations to him as far as time and days available). Make it clear in the letter that if he does not pick up the axle by that date, or make 'satisfactory arrangements' with you for storage beyond that date ($$ per day after that date), then it will be assumed that he no longer wants the item, and it will be considered abandoned by him and will become your property.

BTW, when he comes to get it. Point to it and say 'there it is'. If he has been an azz, I wouldn't lift a finger to help load it.

x2- The letter will save your ass, and may get you the axle out of the deal. By him claiming he'll take legal action, he just shifted the WHOLE deal from "Let's work this out" to "We're no longer friendly about this", so don't keep trying to play nice.

Morally, since he did eventually pay you for the axle, it is his, so I don't think you should sell it or give it away, but... Storage fees of $10 a day will add up quickly!!

 

[sharksanddanger]

All good advice above. Keep records of your investments. Your time should not be considered free, unless he has documentation saying otherwise.
Biggest question, is he part of this board?

Not a member of the board..

Thanks for all the suggestions. I gave him 30 days to pick it up. We'll see where it goes from here.

 

[houdini]

Send him a certified letter. Tell him that he has until some date, say February 15 (a reasonable date) to remove his axle from your shop (in the letter, you will also offer reasonable accomodations to him as far as time and days available). Make it clear in the letter that if he does not pick up the axle by that date, or make 'satisfactory arrangements' with you for storage beyond that date ($$ per day after that date), then it will be assumed that he no longer wants the item, and it will be considered abandoned by him and will become your property.

IANAL, but this worked for me in a similar situation. It is important to send it certified, so you have proof of delivery in case he claims to have never been notified.

By threatening to "get you for mail fraud" he has already, whether serious about it or not, indicated possible legal action. I would also tell him in the letter that all further communications (other than arriving at agreed time and date to pick up his axle) with you must be in writing due to this statement. If he did (unlikely) follow thru on something, there is one thing to know about small claims court: Documentation, documentation, documentation. He who has the biggest stack of documentation wins, no matter who is right.

BTW, when he comes to get it. Point to it and say 'there it is'. If he has been an azz, I wouldn't lift a finger to help load it.

X2

Yea, I think I would go this way. By him suggestion legal actions already I would throw off the gloves and follow suit. I would not get personal with the letter. Just keep it direct and to the point. I would also offer to sell it for him for a price.

I would be clear that you can not store this item and have no intention of selling it for him without a way to recoup your expenses.

Good luck!