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flakesitchyfeet 
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Joined: 23 March 2008
Location: A cute wee place in the SI
Points: 1564
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 Topic: Legal Eagle Advice Please!
Posted: 18 October 2010 at 9:50am |
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Whoopsadaisy.
We had two 8gb ipod touches, with cracked screens. I sent them to a guy I went to school with, who had offered to fix them. He had his own digital IT company and seemed to be doing really well with it.
Anyways they never turned up, but apparently they were fixed. I've send continuous messages to be told they were coming or what not, but to no avail.
He was on fb and that's how we corresponded for the most part. He's deleted his profile and so the messages I have are only one sided now.
Recently I posted quite an iffy message on his wall, before it was deleted, to get a reply from someone saying that this guy was in Niue, on an island with no communications, but the PA had advised this other guy to either replace the ipods or pay us out in cash so we could. Haven't heard anything since.
I've emailed the business saying that if we have no confirmation of replacements by wed I will be seeking legal advice. But do I really have a leg to stand on?
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HuntersMama
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Joined: 09 November 2008
Location: Auckland
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Posted: 18 October 2010 at 9:16pm |
Im not really sure. So you sent them in to a company to get fixed, and havent heard back from them is that right? I have only ever had to threaten legal action once, and it got the result I wanted  it cant hurt. Can you ring the company and speak to someone or go round there?
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jazzy
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Joined: 16 January 2009
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Posted: 19 October 2010 at 6:48am |
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So he fixed them & sent them back to you but you have not received them? You need to find out how they were sent to you either post or courier & lodge a claim.
I would ring the PA back & get all the details...I would hint along the lines of "Fair Go" (worked for me) or "I have taken legal advise & if we can sort this out now they will take action".
Ring him at home...ring his wife, family, friends...
You only have his word he fixed them & his word does not really count for much as he is not doing anything to put it right.
You can go to "CAB" & talk to there lawyers.
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flakesitchyfeet
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Joined: 23 March 2008
Location: A cute wee place in the SI
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Posted: 19 October 2010 at 7:01am |
Thanks guys 
We spent the day trying to track him down, no such luck. I've emailed back the guy who told me he was in Nuie and have said that if there is no proof of them by wed we will be taking legal action - I'm just concerned there isn't any legal action to take as essentially it was supposed to be just a mate doing me a favour. The story just keeps getting more elaborate. I'll give CAB a call though  I need to be able to at least file a police report, so that the insurance will cover them.
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AandCsmum
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Location: Palmerston North
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Posted: 19 October 2010 at 9:04am |
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Oh dear!!!
Also don't bring Fair go into it before you've contacted FG themselves, I've heard they don't deal with cases that have said they'll take them to fair go. Not sure why, just what I've heard.
Is it a legit company you are dealing with? I'd check up on the Companies website.
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Kel
A = 01.02.04 & C = 16.01.09 & G = 30.03.12
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clover
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Posted: 19 October 2010 at 12:14pm |
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As long as he has a business dealing in electronic repairs then the fact that you asked him as a "mate" doesn't matter. If you sent them in for repair (for payment) then it is a legal contract.
Wait and see what they come back with in terms of where they are and how they were sent back to you. The fact you have a message advising they will replace or refund the cost will work in your favour.
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jazzy
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Posted: 19 October 2010 at 1:48pm |
 AandCsmum wrote:
Also don't bring Fair go into it before you've contacted FG themselves, I've heard they don't deal with cases that have said they'll take them to fair go. Not sure why, just what I've heard. |
It worked for me but sometimes just the threat of making things public will do the trick.
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flakesitchyfeet
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Posted: 21 October 2010 at 5:16pm |
I'm 99% sure they've gone under. The so called friend is listed as a director on the companies website, and I have a different address to door knock, but that's about it. Every number I find has been disconnected & he has deleted his facebook page.
I have email proof of some stuff - what happens when a company goes down and they've taken your belongings with them? Is it theft? or Tough luck?
I'll ring CAB tomorrow 
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Legal Eagle Advice Please!
