Week from hell

jaydee · 25-03-2015, 12:09 AM

My cousin who lives in the country gives me a blank signed chq to buy a dirt bike for him, advertised on Gumtree. After some mucking around with the seller deal is done, hand over the chq for asking price. The arrangement is once the chq clears call me and I'll pick it up.

Next morning he rings me and abuses me for stealing the bike overnight and another one he had tucked in the back of the shed. Reports it to the Police and they speak to me. I explained, why would I leave my name and number, pay in full for the bike (he's already cleared the chq so cant cancel it), then steal it and steal the one up the back of the shed when I knew it wasn't running (that's what he'd told me), he has my cousins name and bank details. Police have discounted us as suspects.

Now I've threatened him with legal action to get the money back.

On the way home the power steering in the BA goes again, just spent a grand 18 months ago(12 month warranty), now a new rack had to go in $600.

Couple of days ago the pup tears a toe nail and it's bleeding, off to the vet, has to go under and have it removed. Pick up the dog late Sat afternoon just on closing, they give me some pain killing tablets for her, $300 bill. That night go to get a tablet and box is empty, what the? Off to the 24 hour vet (different vet shop) for another consultation and tablets, as they cant legally prescribe tabs without seeing the dog. Another $100.
Go back to my Vet on Monday for reimbursement and they can't do it, give me $80 worth of dog food.

Then toady when I arrived to pick it up BA it has just come back from getting a wheel alignment, but picked up a screw in the front left and got a flat, brand new Goodyear tyre, they put a plug in it.

Oh and the power steering is making a god awful noise on 3/4 lock (not the pump coming from the rack)

I tell ya, enough is enough, must have run over a black cat or something.

Yellow_Festiva · 25-03-2015, 12:38 AM

Bugger. Hope things improve.

Bike story sounds like a scam.

ford71V8 · 25-03-2015, 11:42 AM

Ouch, somehow you've picked up my disease. I don't even call that a week from hell anymore

And yeah , I agree, bike story sounds dodgy

xxx000 · 25-03-2015, 12:04 PM

I wonder what the legal position is re the motorbike and your entitlement to a refund?
What a week!
Ever had that bad a week before?
Bike story sounds legit to me. Lots of stuff for sale gets stolen.

BPXR6T · 25-03-2015, 06:19 PM

Are planets in alignment or something. Had a real bad week of my own.

Madaya · 26-03-2015, 12:41 AM

Ahh, I think my week was okay.
No, I`m claiming it was a good one.
Infact, I`m jumping across to the
http://www.fordforums.com.au/showthread.php?t=11433809
forum.

Phildo · 26-03-2015, 04:57 AM

Quote:

Originally Posted by xxx000

I wonder what the legal position is re the motorbike and your entitlement to a refund?

The contract has not been completed because the item has not been delivered.

Full refund. Serve a summons.

It sounds like someone else (ie dodgy) has had a look at the bike before you got there and returned to steal it.

Ask the seller how many other people looked at the bike. Don't ask if, ask how many. Do it casually so that he gives an honest answer.

mik · 26-03-2015, 11:25 AM

**** happens mate, nothing you can do but roll with the punches, tomorrow will be a better day , all the best ..

**GasoLane** · 26-03-2015, 12:46 PM

Quote:

Originally Posted by mik

**** happens mate, nothing you can do but roll with the punches, tomorrow will be a better day , all the best ..

Not if the cheque has been cleared/cashed.

The OP's Brother in Law has no money and no bike !

jaydee · 26-03-2015, 10:41 PM

I don't think it was a scam, the guy and his Mrs were pretty good on the day, middle aged. When you hear the voice message he left for me on my phone you can tell he's pretty rattled and angry, trouble is he was barking up the wrong tree, had absolutely nothing to do with it.
Yes I've sent him a letter of demand for repayment otherwise I'm reporting him for theft. Deliver the bike or a refund, he had a duty of care to look after it, especially as the cheeky bugger raced off and got the chq cleared same day.

Phildo · 26-03-2015, 11:15 PM

Quote:

Originally Posted by jaydee

Yes I've sent him a letter of demand for repayment otherwise I'm reporting him for theft. Deliver the bike or a refund, he had a duty of care to look after it, especially as the cheeky bugger raced off and got the chq cleared same day.

Someone else has obviously called previously (from the advert), gotten the address and then gone there with the intention of stealing the bike that was advertised.

Contact the bank and see if you can get talking with them (ie go there in person). Although the cheque has been cleared, it might be worth seeing if the bank can do anything to reverse that. Unlikely, but worth a try.

Problems with your BA: If you're in Perth then let me know, and I can pass on details for parts sources (ie cheap secondhand parts) and mechanic workshops. BAs are very cheap to fix.

**MercurySilver** · 27-03-2015, 01:11 PM

i reckon it could be a scam
did he look like a feral bogan or a half decent bloke
what did the gut say?

cant say id pay with a cheque and then say ill be back when it clears tho
mistake number one imo
hopefully this gets sorted
i mean if the police tell him you are not a suspect then by rights there should be no reason why he wouldnt hand the cash back, right?
if he refuses then id certainly be suss of that

jaydee · 27-03-2015, 11:31 PM

Heard from them today after they got my letter of demand for a refund.
Said they had no intention of keeping the money but are waiting for the outcome of the Police inquiry.
I told them that's not on, they have no entitlement to the money so refund now.

MercurySilver, I'm usually a pretty good judge of character, and I'm fairly sure they're genuine, he had a nice property and some nice cars, he was just an average bloke an we got on pretty well talking about old bikes etc. You're probably right about the chq bit but that was the arrangement he'd made with my cousin, I was just the middleman. Wont be doing that again.

Thanks for he offer Phildo, I will be in touch shortly.

iCat · 28-03-2015, 08:57 AM

All the crazy stuff over with now. The rest of the year will be good for you.

**GasoLane** · 28-03-2015, 09:29 AM

Quote:

Originally Posted by jaydee

Said they had no intention of keeping the money but are waiting for the outcome of the Police inquiry.
I told them that's not on, they have no entitlement to the money so refund now.

Agreed. As far as the Police are concerned it's not a major crime (to them anyway) so would not be high on their list.

An outcome could take months.

**MercurySilver** · 28-03-2015, 11:26 AM

Good to hear jaydee.
Hopefully he gets the bike back and you get some coin
And they nab the bastard that nicked the bike....and give him a couple in the back of the van

NTF6 · 28-03-2015, 12:16 PM

Quote:

Originally Posted by jaydee

I don't think it was a scam, the guy and his Mrs were pretty good on the day, middle aged. When you hear the voice message he left for me on my phone you can tell he's pretty rattled and angry, trouble is he was barking up the wrong tree, had absolutely nothing to do with it.
Yes I've sent him a letter of demand for repayment otherwise I'm reporting him for theft. Deliver the bike or a refund, he had a duty of care to look after it, especially as the cheeky bugger raced off and got the chq cleared same day.

Strange, never seen a cheque clear the same day, always takes 3 days.

jaydee · 29-03-2015, 01:27 AM

Quote:

Originally Posted by NTF6

Strange, never seen a cheque clear the same day, always takes 3 days.

Exactly, my cousin contacted his bank first thing next day and they said too late, yet the people I gave the chq to (on a Tues afternoon) reckon it didn't clear till Friday, so something's not right.

xxx000 · 29-03-2015, 04:53 AM

That's how cheques work, nothing unusual in what's described

Bushbasher · 29-03-2015, 09:52 AM

Once a check has been deposited it's too late. The fact that the bank won't clear it for up to a week is just their way of making more money from the interest before they release the cash.

They'll tell you it's to make sure it doesn't bounce or that it's bona-fide or that it takes that long to do the admin, etc. but at the end of every day someone from each bank gets into a room and swaps the paper checks with each other. By the middle of the next day they've all been processed and validated usually.
None of that explains why you can take a check from say ANZ into your ANZ bank to put it into your account and it still takes a week to clear. Or a govt. guaranteed check like the SA Power Networks check I got, that still took a week to clear.