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A business I was involved with owes me money

Advice sought on how to get it back

Toytown Germany > Discussion forum > Germany-wide > Business
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Scogs
QUOTE (Keydeck @ Apr 9 2008, 9:49 am) *
I would go medieval.

Myself and my mother were ripped off in a business deal quite a few years ago, a bit more cash than Hazza is talking about and we arranged a meeting in the bar in the Royal Hotel in Nottingham with the guy, my mum turned up with her golf clubs, in the lift up to the bar she went a bit medieval, took out a 3 iron and broke one of the guys knees, complained because the club was a bit long and she couldn't get a proper swing swapped it for a 5 iron which is a bit shorter and hit his other knee, not getting the satifactory out come she swapped the 5 iron for a 7 and got the desired result, we still never got paid, but made us feel much better
btw this is all true, just dont tell the UK police and as an irony when I was working for Sky Tv last year It was reported the the guys son had been locked up for fraud
Keydeck
QUOTE (Scogs @ Apr 10 2008, 12:09 pm) *
and as an irony

Just as well she didn't use a driver or else it would have been a 'woody'.
Scogs
lol I didnt actually even think of that pun, my mum was only 5'2" so she had cut down clubs and used metal woods with carbon fiber shafts which at that time cost a fortune and I dont think she wanted to risk them. the irons had steel shafts a bit more robust for hitting kneecaps and shins
Hazza
I don't think I'll be using that approach!!

Anyway, the person in question has asked to meet me this afternoon to discuss the issue at hand. I'm hopeful that we'll come to some kind of an agreement on this.
mr k
QUOTE (Scogs @ Apr 10 2008, 12:09 pm) *
we arranged a meeting in the bar in the Royal Hotel in Nottingham with the guy, my mum turned up with her golf clubs, in the lift up to the bar she went a bit medieval, took out a 3 iron and broke one of the guys knees,

my knee still hurts

@Hazza

like it or lump it mate you ve made a mistake, still offer the chance "because of a maybe misunderstanding" when taking over said business and try an agree on a 50% split of the €400, that way you ll cut your losses, hard as it is, rightly or wrongly but you ll just have to put it down to experience. In my opinion (please note all TT police I said in my opinion) going the legal route will get you no where and take a very long time in the process with a lot more expense and will cost a whole lot of frustration and nerves, these are my experiences of the german legal system. If he still doesnt want to play, lets not talk in metaphors here, then give the cunt a good old fashioned smack in the face. Good luck!
bluedave
Hahahahaha, definitely not a metaphorical statement ! laugh.gif
YorkshireLad6
QUOTE (Hazza @ Apr 10 2008, 12:44 pm) *
I don't think I'll be using that approach!!

Good move on your behalf - but maybe you could employ Scog's mother to act for you?
Scogs
unfortunatly not, she passed away just before I came to Germany, lets say she was a true Scot, small, drank way to much, smoked to much (that eventually killed her), took no shit, and if she had to stand on a stool to hit you, she would have gone to ikea, made the stool from the parts, stood on it and dished out the Scottish kiss.

When I was 30 I overtook her on my Norton and pulled a wheely, I didnt know it was her she had just picked up a new car, when I got home and she arrived about 10 minutes later, she said nothing, went upstairs and got a hair brush.
Then I got the shit kicked out of me with the hair brush, My arms were black and blue for about a week.
SpiderPig
QUOTE (Hazza @ Apr 10 2008, 12:44 pm) *
Anyway, the person in question has asked to meet me this afternoon to discuss the issue at hand. I'm hopeful that we'll come to some kind of an agreement on this.

A bit late for Damage limmitation. but none the less.

Good luck and I hope you reach an acceptable settlement.
Kommentarlos
Oh and do let us know how it turns out.

I'm guessing that the lynch mob will need a bit of notice to sharpen their scythes.

Isn't it great how one can now get 'redress' over the internet and avoid that whole nasty legal process thing where one inconviently has to provide evidence to support one's case. And isn't it annoying when one feels that one is morally right but those annoying laws are just not doing what you want them to do. Too tedious for words.
HydroSkater
QUOTE (Scogs @ Apr 10 2008, 11:09 am) *
Myself and my mother were ripped off in a business deal quite a few years ago, a bit more cash than Hazza is talking about and we arranged a meeting in the bar in the Royal Hotel in Nottingham with the guy, my mum turned up with her golf clubs, in the lift up to the bar she went a bit medieval, took out a 3 iron and broke one of the guys knees, complained because the club was a bit long and she couldn't get a proper swing swapped it for a 5 iron which is a bit shorter and hit his other knee, not getting the satifactory out come she swapped the 5 iron for a 7 and got the desired result, we still never got paid, but made us feel much better
btw this is all true, just dont tell the UK police and as an irony when I was working for Sky Tv last year It was reported the the guys son had been locked up for fraud

Trip to Scotland anyone? ph34r.gif

Hope it goes well Hazza! Good luck!
Punchbear
QUOTE (Katrina @ Apr 10 2008, 9:51 am) *
the whole thing could have been so easily avoided or resolved privately.

Quite true. Trial-by-Toytown doesn't do any of the parties involved any good. Here's to hoping all involved resolve this, if not amicably, than at least achieve a mutually satisfactory resolution. Good luck to ye both.
Hazza
QUOTE (Kommentarlos @ Apr 10 2008, 2:26 pm) *
Isn't it great how one can now get 'redress' over the internet and avoid that whole nasty legal process thing where one inconviently has to provide evidence to support one's case. And isn't it annoying when one feels that one is morally right but those annoying laws are just not doing what you want them to do. Too tedious for words.

Are you a lawyer? Because for most of us, getting a lawyer is a real hassle. They're expensive and it's a lot of time and stress that most people like to avoid by solving an issue outside the legal system. Still, I can understand your dislike of trying other ways to get things done if you are a lawyer and feel your business suffering because of it.

Anyway, I had the meeting this afternoon and we've got a resolution that I can live with.

But thanks everyone for their support and advice...
sarabyrd
Toytown Germany
Who needs a lawyer when you have public pressure?

I'm glad you resolved this like grown-ups.
Mariposa
Glad you resolved the issue. smile.gif
Kommentarlos
QUOTE (sarabyrd @ Apr 10 2008, 9:38 pm) *
Toytown Germany
Who needs a lawyer when you have public pressure?

Or,

Toytown Germany
Showing the locals how 'Mobbing' is really done dry.gif
Hazza
I'm curious. What would you have done in my situation? Would you have run straight to a lawyer? Or just copped it unfairly?

Because although I didn't manage to get all the money (which actually still makes me pretty mad - particularly as I got a verbal confirmation of wrong doing on his part when I spoke to him), at least I got some of the money back, which is more than was offered to me at the start. And I didn't have the cost and hassle of going through a lawyer.
Mik Dickinson
Would still like to have heard the other parties version of this
Johnny English
It's an open forum - I am guessing the other party has access to it?

Business is war. Don't forget it.
Hazza
QUOTE (Mik Dickinson @ Apr 16 2008, 10:09 am) *
Would still like to have heard the other parties version of this

The fact that he didn't isn't my fault...he is a member here too
Kommentarlos
QUOTE (Hazza @ Apr 16 2008, 9:16 am) *
I'm curious. What would you have done in my situation?

QUOTE (YorkshireLad6 @ May 11 2007, 6:11 pm) *
I would suggest this insurance is a necessity for dumb foreigners, especially those new to the place. It's all too easy to get caught out because of ignorance, because of a bad purchase, a vehicle accident a neighbour dispute, or a battle with your landlord and this is the insurance that saves you. I have a very, very comprehensive legal insurance which is worth its weight in gold, having helped me get out of, or minimise financial damage from things as simple as parking fines, via complex insurance claims to software counterfeiting. It's something you need from the outset, because once you have a problem to solve you can't buy it retrospectively.

Couldn't have put it better myself cool.gif

QUOTE (Hazza @ Apr 16 2008, 9:16 am) *
And I didn't have the cost and hassle of going through a lawyer.

QUOTE (YorkshireLad6 @ Apr 9 2008, 6:34 pm) *
If it was clear in writing that he was to take over all the business commitments then your case is strong. It would be normal, however to list those commitments so both sides were clear what actions were to be taken and to avoid "misunderstandings" such as this.

Especially since you have nothing in writing (hello - this is Germany) - it also saved you the cost and hassle of being proven wrong.

[Edit] Why do you think you 'copped it unfairly'. Seems reasonably straightforward to me?
HydroSkater
QUOTE (Hazza @ Apr 16 2008, 10:26 am) *
The fact that he didn't isn't my fault...he is a member here too

Which is probably why the meeting with Hazza was arranged... He probably read the posts and worried about the potential of losing business and decided to meet up and do *something*. Pity he still couldn't be totally fair...

Maybe he should join the discussion too...? I think the fact that he hAsn't joined the conveRsation to fight his Corner implies that he knows he has done something wrong :-)
Eleanor Rigby
To be fair, if he joined the discussion with his normal login, people would definitely know which business was being referred to. Now, although many of us can guess, there will still be plenty who don't know who's being referred to and it's in the other parties interest to keep it that way. Nothing stopping him from using a login name not tied to his business to defend himself though.
Hazza
QUOTE (Kommentarlos @ Apr 16 2008, 11:13 am) *
Couldn't have put it better myself

Especially since you have nothing in writing (hello - this is Germany) - it also saved you the cost and hassle of being proven wrong.

[Edit] Why do you think you 'copped it unfairly'. Seems reasonably straightforward to me?

That was pretty cryptic, but I assume you would have gone straight to a lawyer? Well good for you - even if you can get legal insurance to pay for it, the whole thing still takes up time and I still contend that it's better to find other ways of settling a dispute. If it's only done by going public, then so be it. It's no different than people writing to the media about disputes they have with businesses and them getting things sorted out with the negative publicity.

And to see why I copped it unfairly, perhaps you should read the thread again from the beginning. I stuck to the arrangement that we'd made that was supposed to be for his benefit and he didn't do his part. Then, instead of fixing the problem, he tries to get out of taking responsibility for it, despite admitting that I had done stuck to the agreement and he hadn't. It's pretty simple really.
HydroSkater
I say we all ARrange a boyCott his business until he starts playing *really* fair! :-)
Kommentarlos
QUOTE (Hazza @ Apr 16 2008, 12:06 pm) *
... I still contend that it's better to find other ways of settling a dispute. If it's only done by going public, then so be it. It's no different than people writing to the media about disputes they have with businesses and them getting things sorted out with the negative publicity.

But don't they name the business explictly? I think there they are looking for the opinion of the general public rather than a select few in the know. Shurely different? Or have we gone public yet?

QUOTE (Hazza @ Apr 16 2008, 12:06 pm) *
I stuck to the arrangement that we'd made that was supposed to be for his benefit and he didn't do his part. Then, instead of fixing the problem, he tries to get out of taking responsibility for it, despite admitting that I had done stuck to the agreement and he hadn't. It's pretty simple really.

Yep it is pretty simple, don't make the same mistake again... Business is war you know. You never know, you may not be in a position to call in the braying mob the next time to bail you out.
Hazza
QUOTE (HydroSkater @ Apr 16 2008, 12:15 pm) *
I say we all ARrange a boyCott his business until he starts playing *really* fair! :-)

Thanks for the support, but it's not really necessary. I'm still pissed off, but we still came to an arrangement, so I'd like to leave it at that.
Johnny English
I'm not really into Karma as such but I do find in business that stuff like this comes back to bite you eventually.
Hazza
QUOTE (Kommentarlos @ Apr 16 2008, 12:23 pm) *
But don't they name the business explictly? I think there they are looking for the opinion of the general public rather than a select few in the know. Shurely different? Or have we gone public yet?

Most people have figured out who I'm talking about and I'm pretty sure that starting this thread helped me get something out of it

QUOTE (Kommentarlos @ Apr 16 2008, 12:23 pm) *
Yep it is pretty simple, don't make the same mistake again... Business is war you know. You never know, you may not be in a position to call in the braying mob the next time to bail you out.

Well I won't. But just because I trusted someone, doesn't give them the right to shit on me. Also, if "business is war", then I just used weapons at my disposal to fight this battle - and I got a result, so it was obviously the correct strategy to follow.
Kommentarlos
QUOTE (Johnny English @ Apr 16 2008, 12:27 pm) *
I'm not really into Karma as such but I do find in business that stuff like this comes back to bite you eventually.

Me too sad.gif
Johnny English
Precisely. Hazza used the cheapest and simplest method to produce an acceptable outcome.

It was never a perfect or ideal plan. He did not get full recompense. The peeps in question has probably had his name soiled in this negative advertising, more than the opportunity cost of coughing up originally.

I know if I had a business that was in any way reliant on the punters on this forum (even for a percentage of business), I would be pretty worried about negative postings.

Why?

Well even if your business relies on 80% outside trade and 20% Toytowners - it's usually the last 20% of income that generates your profit 'cos every business has FIXED overheads that uses up say 50-75% of your gross income. So losing your top 20% could hit nett profits by 50% for example. Likewise increase your income by 20% with the same fixed costs and your nett profits shoot up.

This shit ain't Harvard Business School.
Kommentarlos
QUOTE (Johnny English @ Apr 16 2008, 12:36 pm) *
It was never a perfect or ideal plan. He did not get full recompense. The peeps in question has probably had his name soiled in this negative advertising, more than the opportunity cost of coughing up originally.

Indeedy Mr English, neither side seems to have been showered in glory.

QUOTE (Johnny English @ Apr 16 2008, 12:36 pm) *
I know if I had a business that was in any way reliant on the punters on this forum (even for a percentage of business), I would be pretty worried about negative postings.

Also correct. But they do say that revenge is a dish best served cold ph34r.gif

QUOTE (Johnny English @ Apr 16 2008, 12:36 pm) *
This shit ain't Harvard Business School.

But the problem with calling on the mob is that the mob may later turn on you. The public has a long memory for the unseemly and short term gain can quite easily turn into long term disadvantage.

QUOTE (Johnny English @ Apr 16 2008, 12:29 pm) *
Alternatively it might be easier to accept that it is all utter bollox, censored or not, and move on with life?

ohmy.gif
Hazza
Well it's you who's keeping this thread alive and giving it even more exposure than it would have had if you'd actually remained "Kommentarlos".
Johnny English
And therein is another problem with calling on the mob - you can't shut us up :-)
Kommentarlos
QUOTE (Hazza @ Apr 16 2008, 1:44 pm) *
Well it's you who's keeping this thread alive and giving it even more exposure than it would have had than if you'd actually remained "Kommentarlos".

Then be careful what you wish for biggrin.gif
Mik Dickinson
Most people have figured out who I'm talking about and I'm pretty sure that starting this thread helped me get something out of it

So basically are you saying you would not have known how to defend yourself without putting it on T.T. ?
Hazza
I would have looked for another way. TT was easier and more effective than anything else I thought of, though.
sarabyrd
To be fair, you could have contacted the TTers with a legal background (such as myself) in a PM. The results may have been different but definitely not as quick.
Mik Dickinson
You sold a business and never informed companies who you had a contract with in your personal name, not the businesses,seems pretty daft to me.Do they not have selling contracts to get all this written down on?
Johnny English
I am guessing Hazza was a sole trader so the business WAS in his name and vice versa. Having bought and sold businesses in the past I know it is always tricky to organise the EXACT switchover date - as you cannot plan this in advance, it always ends up a bit last minute. Plus when dealing with Telekom etc you need to be careful that things do not just get cut off either too early or too late. Inevitably there ends up being a degree of trust.

Now clearly Hazza in retrospect should have been more vigilant in monitoring any outstanding accounts, and notifying each company accordingly, but once this came to light it still "sounds" clear who should have been wearing the bills.
Hazza
QUOTE (Mik Dickinson @ May 13 2008, 1:01 pm) *
You sold a business and never informed companies who you had a contract with in your personal name, not the businesses,seems pretty daft to me.Do they not have selling contracts to get all this written down on?

I thought I'd explained this...

If I had informed the companies, then I would have been told that I need to cancel my subscriptions with them, but that would lead to:
1) New connection fees
2) New minimum length contracts
3) The possibility of a break in service.

As such, I left the connections running as a favour to the new owner. He assured me that he would change connections over to his name. At that point we got along fine, the handover was smooth and amicable and I trusted him to do the right thing...obviously that was my big mistake. I should not have trusted him to do the right thing, because in the end he didn't. It ended up costing me, but I think that the world would be a worse and not a better place if we didn't occasionally trust each other and treated everyone as if they were trying to rip you off.

So sure - call me daft if you like. In this case I was, because I trusted someone who turned out to be untrustworthy.

But hindsight is a great thing. I mean, with hindsight I would have sold the business to someone else anyway...
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