Lawyer please

[c4.]

Any lawyers out here who could advise a poor lost soul?

I am trying to sell some broadcast camera gear.
Purchase price 15K + GST
I handed a camera to a 'friend' and associate who informed me he had a buyer.
This was early April.
I spent a month off shore in USA, came back and started asking him about the sale?
He told me he had a local buyer and a british interest, but that he ALSO wanted to buy it.
By June I was calling him weekly and visiting him at his workplace.
He assured me that the sale was imminent.
I was busy and have 7 cameras so wasn't too concerned, hey he was a 'friend'.
July 7 he informed me that he was giving the camera to a local broadcast engineer for appraisal.
All good, I knew that the cam was very good value for money, he used my engineer, no worries.
cam comes back with a fair report, but cam heads would need doing in 300 hours..
My 'friend' decided that 3.5K on top of purchase price was more than his "buyer' could afford.
Bummer, but that's business.
Unfortunately for my 'friend' I have time dated photos of the camera hours before I handed it to him and photos of the hours after it was returned.
He had put 129 op hours on this camera. This equates to between 15 and 40 days shooting( depend on job style). Approx rental to me 4-6K + GST
I fronted him, he first disbelieved his eyes, then tried to exclude his primary school aged kids from playing with the camera, then denied hiring it out, then changed his story to a 3rd party involvement.
I told him that I considered the camera SOLD to him, otherwise I would persue 6K +GST as rental.
He said that it was down to a 3rd party that he refused to name and would get back to me.
1700 hrs that night he ph d me and verbally said, I will buy your camera.
He hasn't paid yet (3 days) and I'm about to email him, but would like to know my rights, and maybe throw some legal frighteners at him.
Help please
W

[Arrowolf]

I never ever give my ,what ever, to anyone. Not to Friends,not to family members.
At the moment money is evolved, it will be dirty. And this is always like this. ALWAYS.
So,my advise is: take your stuff and forget this kind of friend. Lesson learned. :crybaby:

[c4.]

hey,
I was selling it?
He had to inspect it. Yeah my bad for not being all over it, but you need to trust at some level, otherwise you live in a siege mentality. Not for me thanks.
:innocent:

[marty]

no contract, no verbal discussion on reasonable use.

either invoice him, or move on.

[Mully]

Any lawyers out here who could advise a poor lost soul?

Well, you've come to the right place.

Without knowing all the ins and out, seems like you could go him for Obtaining by Deception if it all turns to shit.

[Latte]

Invoice him for the rental, if he doesnt pay go disputes tribunal, show your evidence of the hours that have clocked up. And what that would cost to rent in the real world. And if he hasnt returned the camera invoice for replacement value. Wash rinse repeat.

You'll then get your money, at $5 a week. Or not at all.

[Latte]

And you didn't specify "non kb bush lawyer please" :D

[geoffc]

Go to a Community Law office & get some professional but free advice. A nearby Citizens Advice Bureau can put you in touch if you are unsure where to go. Good luck.

[The Lone Rider]

Me personally; first.. I'd get the camera and all the gear back. Even if he says he's buying it. If he's buying it, he can fork over the cash and then you can hand it back.

Second, I agree with invoicing him for rental. You may have grounds in the disputes tribunal over the wear and tear on it and get a claim done to the cost of that usage.

Third, go to a community law center.

Except for point 1, I think others have said the same here.

I definitely would get the stuff back regardless of his supposed intentions. You never sold it to him, and you gave it to him for the specific purpose of him selling it to one or two people he said wanted to buy it. He hasn't sold it to those people, so it should be returned.

[flyingcrocodile46]

Invoice him for the rental, if he doesnt pay go disputes tribunal, show your evidence of the hours that have clocked up. And what that would cost to rent in the real world. And if he hasnt returned the camera invoice for replacement value. Wash rinse repeat.

You'll then get your money, at $5 a week. Or not at all.

Without an agreement for rental and/or preclusion of use I doubt that you would have any luck with the argument.


I never ever give my ,what ever, to anyone. Not to Friends,not to family members.
At the moment money is evolved, it will be dirty. And this is always like this. ALWAYS.
So,my advise is: take your stuff and forget this kind of friend. Lesson learned. :crybaby:

Sounds like good sensible and economical advice.


hey,
I was selling it?
He had to inspect it. Yeah my bad for not being all over it, but you need to trust at some level, otherwise you live in a siege mentality. Not for me thanks.
:innocent:

I'm not sure that seeking payment for use as an hourly charge rather than say a depreciation basis in these circumstances is likely to be perceived as markedly divorced from the siege mentality. IMO:innocent:

Having said that, a fair man would see the merit and fairness in the proposal that he pay something close to the asking price (especially since he had already expressed interest in buying it).

[EJK]

Tag: KB Lawyers

[tigertim20]

Im not a lawyer, but sounds to me like a he said, she said.
purchase price is a lot of money, give him a few days to come through with money, as that kinda cash isnt always on hand, and hope he comes through.

Your chances of getting money for 'rental' are fuckall, because theres no evidence of an agreement surrounding its use while in his possession.

if he doesnt come through with money in a week, threaten police action and give him 5 days. after that 5 days, if he calls your bluff, forget it, move on, and make a new 'friends' list. Be sure to exclude this person from your newly updated friends list, and move on. If the above does not yield a result, forget it and move on, you have fuckall legal grounds if a little bullying and emotional blackmail doesnt work.

[Brian d marge]

u can borrow my Iphone for 2k a week

Holy mva whats this camera made off??

Stephen