Thats about exactly my view of this as well ... (as stated before)
Maybe it takes a Swede or a Canadian to figure that out ....
D.Don
Enjoy the benefits of a premium membership!
Upgrade Account
-
TalkBass has been independent since 1998. Add your voice.
Create a free account to reply to discussions, view embedded media, and browse with fewer display ads.
Join free Log in
Want zero display ads or expanded classifieds tools? Compare plans.
A serious real life situation where i need advice
- Thread starter PastorofMuppets
- Start date
Thats about exactly my view of this as well ... (as stated before)
Maybe it takes a Swede or a Canadian to figure that out ....
D.Don
First of all they need to provide documentations with serial numbers etc. This really isn't any different than you lending someone a pr of mics, they leave them someplace, you find out where they are and want them back. If the store can prove that they own the mics, give them back. As a side note, buying them from the store at a reduced price is a good idea but, at this point I think the store just wants their mics back.
Buying the mics back is a bad idee because as far as your concerned, the mics belong to Easy.
AS for your reputation with the store, i wouldnt worry about it that much. In fact, they are harrasing you and they are the one damaging their reputation. Its not like this gonna stop or further your career...Them saying you had 3 mics and some stands was the cheery on top of it all. They can put Easy's mics were the sun dont shine.
Consedering how many times i got shafted by music stores ( in my younger days) I wouldnt cry a river of this
AS for your reputation with the store, i wouldnt worry about it that much. In fact, they are harrasing you and they are the one damaging their reputation. Its not like this gonna stop or further your career...Them saying you had 3 mics and some stands was the cheery on top of it all. They can put Easy's mics were the sun dont shine.
Consedering how many times i got shafted by music stores ( in my younger days) I wouldnt cry a river of this
I almost wish this incident could go on the Judge Judy Show!
The OP is not responsible for the microphones as he had no contract with the store to begin with period. The items in question are however the unsecure objects up for reposession by the original seller as whatever contract they had with the OP's friend has gone into default. Yes the store can reposess them from a legal standpoint, but it is up to them to go pick it up as the person they had a contract with did abandon the property. I used to do repo work for a furniture and appliance store. We had to pick up our stuff up, the police and sheriff departments aren't in the delivery buisness. We could have an officer present at a location to to execute a legit repo, but it was up to my employer to send folks to get his stuff back.
Now the OP could have taken the high moral road and offered to bring what he had back to the store and win his ' Ricky Righteous' brownie points. It really would have been the decent and gracious thing to do.The OP does not have to do it from any legal standpoint, however the store in question would be slapped silly by most judges if they went after the OP in court because the OP told them that he had the stuff and gave them more than ample opportunity to go get it. The store would have a very hard time claiming this as stolen property, and in fact it's laughable.
I agree the OP could have handled it better and so could the store. What a strange tale this has become.
The OP is not responsible for the microphones as he had no contract with the store to begin with period. The items in question are however the unsecure objects up for reposession by the original seller as whatever contract they had with the OP's friend has gone into default. Yes the store can reposess them from a legal standpoint, but it is up to them to go pick it up as the person they had a contract with did abandon the property. I used to do repo work for a furniture and appliance store. We had to pick up our stuff up, the police and sheriff departments aren't in the delivery buisness. We could have an officer present at a location to to execute a legit repo, but it was up to my employer to send folks to get his stuff back.
Now the OP could have taken the high moral road and offered to bring what he had back to the store and win his ' Ricky Righteous' brownie points. It really would have been the decent and gracious thing to do.The OP does not have to do it from any legal standpoint, however the store in question would be slapped silly by most judges if they went after the OP in court because the OP told them that he had the stuff and gave them more than ample opportunity to go get it. The store would have a very hard time claiming this as stolen property, and in fact it's laughable.
I agree the OP could have handled it better and so could the store. What a strange tale this has become.
Morality?
Most credit giving shops I know have insurance for cases just like this, so there's a good chance the mike's are some insurance-company's posession....
In the unlikely case the shop has no insurance, the shop will have written off the loss, so it's net-profit was lower and they had to pay less taxes. In that case the mikes belong to US taxes...
The shop-owner should have pocketed the money you offered and buy the kids pizza's and the wife some flowers.
Most credit giving shops I know have insurance for cases just like this, so there's a good chance the mike's are some insurance-company's posession....
In the unlikely case the shop has no insurance, the shop will have written off the loss, so it's net-profit was lower and they had to pay less taxes. In that case the mikes belong to US taxes...
The shop-owner should have pocketed the money you offered and buy the kids pizza's and the wife some flowers.
Maybe you could change your myspace from "The LORD is my shepard, I shall not want. " to that the Lord is your shepherd.. Makes more sense..
... all this drama and seriousness for a couple of old mikes... Especially the escalation over this all is just plain silly. Just return the mikes and get back to music work.
I do believe that the mics aren't paid for from easy.
I do not see any serial numbers or identification on the mics whatsoever, so im not sure what I can do about that.
He has said that he will call the police if I don't deliver them by store close on Monday. I actually spoke to a buddy of mine who is a police officer from another state about this and he confirmed that no police will ever come to my door, and that this is a civil matter. Police are not in the repo business. He said that they have to go back to who they belong to and its not you but you do not have to deliver them under any circumstances.
I said he has to come get them. I also said that I would a require a receipt to show they have been transferred to the store and that if easy sues me for them that I am not going to be held responsible. I have given him one week to make arrangements to get the mics from me. I have told him that If he refuses to get them or to send a authorized person to do so in that time frame, I will begin charging a 1 dollar per day storage fee until they are picked up. This plan was suggested by my friend who is a police officer.
I will give notice one day before via email that the storage fee will begin the following day and I will require cash or check in the amount of the storage fee and the receipt before the microphones will be transferred to the store.
I do not see any serial numbers or identification on the mics whatsoever, so im not sure what I can do about that.
He has said that he will call the police if I don't deliver them by store close on Monday. I actually spoke to a buddy of mine who is a police officer from another state about this and he confirmed that no police will ever come to my door, and that this is a civil matter. Police are not in the repo business. He said that they have to go back to who they belong to and its not you but you do not have to deliver them under any circumstances.
I said he has to come get them. I also said that I would a require a receipt to show they have been transferred to the store and that if easy sues me for them that I am not going to be held responsible. I have given him one week to make arrangements to get the mics from me. I have told him that If he refuses to get them or to send a authorized person to do so in that time frame, I will begin charging a 1 dollar per day storage fee until they are picked up. This plan was suggested by my friend who is a police officer.
I will give notice one day before via email that the storage fee will begin the following day and I will require cash or check in the amount of the storage fee and the receipt before the microphones will be transferred to the store.
You are right. I can't see how the store is right to pursue the OP over this one. it doesn't look good for them at all. These guys must be doing terrible business to go about recovering the mics like this. Really the proper thing for them to do at this point is to refer the matter to debt recovery. I'm sure that the debt recovery people would advise them that their complaint is with the person who's details they have on the invoice.Buying the mics back is a bad idee because as far as your concerned, the mics belong to Easy.
AS for your reputation with the store, i wouldnt worry about it that much. In fact, they are harrasing you and they are the one damaging their reputation. Its not like this gonna stop or further your career...Them saying you had 3 mics and some stands was the cheery on top of it all. They can put Easy's mics were the sun dont shine.
Consedering how many times i got shafted by music stores ( in my younger days) I wouldnt cry a river of this
Also, as I said before make sure you get everything in writing. If they don't give you a record of receipt when they collect the mics I wouldn't give them back. The way these guys are going about things doesn't make sense to me. They should have insurance and they should be referring this matter to a debt collector. They shouldn't be calling you and harassing and threatening you over a matter that doesn't essentially involve you. Did you give them your friend's last know contact? That's all you are really obligated to do as far as I can tell.
The fact that you have volunteered to give them back and the fact that they think it should be at your expense just shows that these guys are at best going about this unprofessionally. At worst they could be trying to extort money for something they have already claimed on insurance.
Wes,
As a Christian - this should have all been a no-brainer.
No rocks here, just think about it.
Mark
As a Christian - this should have all been a no-brainer.
No rocks here, just think about it.
Mark
if you know every employee at the music store, maybe it would be cool if you just returned them.
why not call the store back, speak to bryan and ask him how much is owed on the mic's.
why not call the store back, speak to bryan and ask him how much is owed on the mic's.
Not sure if this has been posted or not, but as a law student I suggest you contact an attorney and find out what legal advice he/she can give you. However, it sounds to me like you have no legal rights to the mics and chances are the store will report them stolen; which will lead to you being charged with receiving stolen property. If you can find a way to prove that they're your mics and not "Easy's" use that excuse.
Whoa, not so fast. Think of the opportunity, here. If you play your cards right you just might get a pair of free microphones out of the deal and stick it to those jerks at the music store at the same time.
Just do what Easy did and disappear from radar. Stop answering emails from the store and if they try to contact you in any way or even "threaten" to sue you, just ignore them. Chances are they'll eventually write off the loss and go away and sulk while you end up with $230 worth of free stuff. Even on the off chance that they actually sue you, just go to court and make them prove that they own the microphones. If Judge Wapner rules against you, the worst thing that could possibly happen is you'll have to fork over the microphones.
Life is too short to spend time bending over backwards for other people and wasting energy on strictly adhering to some abstract
moral issues arbitrarily created by society, which are really designed to screw over the little guy (like you) for the benefit of businesses (like the music store).
Just go into the store, take down a guitar from a hook, and play "stairway to heaven" out of tune until a salesman has to intervene. At that point, look him in the eye and say: "I came to return the microphones."
Then everything will be even.
Then everything will be even.
Honestly dude. Not your probem. The deal was with Easy. THEY NEED TO ADDRESS THIS MATTER WITH HIM or get a court order for the mics.
I saw a response about the Christian thing to do, wouldn't be more Christian not to meddle in another mans financial business? You have no agreement with the store to do anything.
Wow, don't confuse morality with the law. You will end up on the short end of the stick.
What if they don't believe that's all you have at your house? This could drag on forever. You need to tell them to take the issue up with whomever they made the loan with period. If it's decided that the stuff needs to be returned through a court order by all means do it.
It's the matter of free mics, it's like giving back someones elses TV they rented from a pay to own store. It's not your transaction to worry about.
I saw a response about the Christian thing to do, wouldn't be more Christian not to meddle in another mans financial business? You have no agreement with the store to do anything.
Wow, don't confuse morality with the law. You will end up on the short end of the stick.
What if they don't believe that's all you have at your house? This could drag on forever. You need to tell them to take the issue up with whomever they made the loan with period. If it's decided that the stuff needs to be returned through a court order by all means do it.
It's the matter of free mics, it's like giving back someones elses TV they rented from a pay to own store. It's not your transaction to worry about.
oh no! you cant do that
quoted because it was needed imo
what i feel is that when you turn up there to return the mics they would ask you for the third mic and the mic stand too!
