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Thread: Sticky situation

  1. #1
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    14th August 2011 - 14:32
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    Sticky situation

    Couple of months ago I finished restoring an older Triumph for a work mate.
    He owes me $3500 and he knows he will not be getting the bike until I'm paid.
    All good between him and I,I'm not in a hurry and he will eventually front up.

    But his ex Mrs has now contacted me offering to pay me out as she wants the bike.

    He say's "hell no",,,she say's shes owed.

    So before I ring my own lawyer and have to pay for it,,,Where do I stand on this ?

  2. #2
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    Quote Originally Posted by Road kill View Post
    Couple of months ago I finished restoring an older Triumph for a work mate.
    He owes me $3500 and he knows he will not be getting the bike until I'm paid.
    All good between him and I,I'm not in a hurry and he will eventually front up.

    But his ex Mrs has now contacted me offering to pay me out as she wants the bike.

    He say's "hell no",,,she say's shes owed.

    So before I ring my own lawyer and have to pay for it,,,Where do I stand on this ?
    Two things.
    Who is the bike registered with
    Not too sure in this but the law of contract and possibly tort would suggest that the bike is held in a contract relationship between you and "him"
    You would risk breaking that contract if you released the bike to "her"
    Last edited by cheshirecat; 19th August 2012 at 12:13. Reason: grammer yet again

  3. #3
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    Tell her your not interested in her situation unless ordered by the courts.
    I have evolved as a KB member.Now nothing I say should be taken seriously.

  4. #4
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    17th January 2008 - 13:57
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    Quote Originally Posted by mossy1200 View Post
    Tell her your not interested in her situation unless ordered by the courts.
    +1 Sounds like good advice.
    Ride fast or be last.

  5. #5
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    hide it !....
    A girlfriend once asked " Why is it you seem to prefer to race, than spend time with me ?"
    The answer was simple ! "I'll prolly get bored with racing too, once i've nailed it !"

    Bowls can wait !

  6. #6
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    Your contract is with him. You are not party to their problems and unless she comes to you with the court papers proving the bike is hers you can't release it to her even if she pays you for your work.
    Great minds discuss ideas, average minds discuss events, small minds discuss people. --- Unknown sage

  7. #7
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    +1 to the "agreement is with him not her, and unless she arrives with the cash and cops/corder order she cant have it" sentiment.

    I'd not get involved in their relationship issues...
    "If a million people say a foolish thing, it is still a foolish thing." - Anatole France
    "An education isn't how much you have committed to memory, or even how much you know. It's being able to differentiate between what you know and what you don't." - Anatole France
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  8. #8
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    Is she hot?

  9. #9
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    Quote Originally Posted by Madness View Post
    Is she hot?
    A positive answer requires pictures
    Great minds discuss ideas, average minds discuss events, small minds discuss people. --- Unknown sage

  10. #10
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    24th September 2008 - 01:32
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    my opinion has already been posted.
    you have an agreement with HIM. if she ants it, she needs HIS permission, or a court order.

  11. #11
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    Wouldn't release it to her without court proof she has rights to it. Ignore police who are unliely to get involved as its a civil matter and even lawyers. As others have said your "contract" is with him and unless you've given him a reasonable time to pay and he hasn't and you want to recover what's owed its no one else's business and based on your op you're not chasing money.
    David
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  12. #12
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    Quote Originally Posted by Road kill View Post
    Couple of months ago I finished restoring an older Triumph for a work mate.
    He owes me $3500 and he knows he will not be getting the bike until I'm paid.
    All good between him and I,I'm not in a hurry and he will eventually front up.

    But his ex Mrs has now contacted me offering to pay me out as she wants the bike.

    He say's "hell no",,,she say's shes owed.

    So before I ring my own lawyer and have to pay for it,,,Where do I stand on this ?

    possession in 9/10ths the law ehh?

    any contract between you and your mate is between you and your mate.
    ie, he owes you, he pays you.

    if you have a contract with his ex missus, then it comes down to "first in time is best at law" - who had a contract with you first?

    if, as i suspect, she's a bitch and you don't have a contract with her ie. if HE owes HER money, that's between HIM and HER and NOTHING to do with you.

    if YOU choose to accept her money and give her the bike, you have breached the contract with your mate. (plus, does she hold "title" to the bike?) and probably lost a mate. (bros before hoes, bro.)

    long story short. hold the fucken bike. write her a letter telling her to get fucked (politely) and that if she contacts you again you'll get a tresspass order against her.

  13. #13
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    Pretty much what everyone else has posted.

    HE came to you and asked for it to be restored. That means the contract is strictly between you and him unless there is a court order to decide otherwise.

    Unless she is a motorcyclist herself, I'm assuming that the bike would be sold to recoup "costs" if she does get her hands on it
    I never get lost. I go on adventures

  14. #14
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    Quote Originally Posted by cheshirecat View Post
    Two things.
    Who is the bike registered with
    Not too sure in this but the law of contract and possibly tort would suggest that the bike is held in a contract relationship between you and "him"
    You would risk breaking that contract if you released the bike to "her"

    do you comprehend the meaning of the word "tort"...?? your either not good at english, or not good at law.
    (although asides from that, you were pretty much right)

  15. #15
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    Quote Originally Posted by Akzle View Post

    do you comprehend the meaning of the word "tort"...?? your either not good at english, or not good at law.
    (although asides from that, you were pretty much right)
    You may or may not be right but then I've won my cases and I'll stick to what I know if you don't mind

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