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#1
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****t
Please see me prior post on Nov 2, 2008. It's subject line is Help!!
This stupid ******* is trying to screw us and I suspect he'll win. I believe he's aiming for his alleged retainer of $1k. I've emailed a lawyer - a personal friend - for a sanity "check." (what else can I call it?) Neither my wife nor I recall his mentioning the $1k retainer he mentioned to us. He also never mentioned arbitration or three-fourths of what's in the proposal that I previously posted. God, I feel stupid Stupid! His "Phase One Proposal" to which he refers ends with the following: "This proposal is good for five (5) days only, unless initiated. Once initiated, it can be terminated by either party, in writing, at any time, with a minimum of one week of notice, when the obligations of each party, relative to this proposal have been fulfilled to date. Retainer amount is non-refundable once contract has been initiated. All parties agree to arbitrate any disputes which may arise, with respect to their specific responsibilities as outlined in this proposal." We sent him an email yesterday stating that we will not be using him. That was in response to his email asking for our response to his "proposal." I hadn't replied; that was my way of not accepting the "proposal." "good for five days only, unless initiated." Yeah, right, we pay him for work we did not authorize. Shiit. As I said, he alleges that we agreed to a $1000 retainer. That's news to me and to my wife.and I think that's what he's trying to weedle out of us. He never mentioned arbitration or anything. Frickin' prick is lying though his teeth. ----- Here's his frikin' email: My name & email address was here "his is a bit of a problem for me, as you gave me verbal authorization to spend up to 8 hours putting together a drawing when we met at your condo. Beyond that, I talked to two different contractors, one extensively about your project. Also, I did what you asked me to do, in terms of writing you an email about the floor construction, putting the preliminary plan together, which takes time, as does the coordination time I would further spend with each of the contractors. My proposal was reflective of this. Similarly, both contractors I recommended to you would have you sign a proposal before beginning any work, based on my drawing or someone else's. I asked you to call me if you had any questions about the proposal I sent. Two weeks have passed and I heard nothing from you to contradict what you had asked me to do, all of which takes time. How do you suggest we handle this? It is unfair to me to leave me hanging, after you praised my methodology in person, when we talked, since I my research made you aware of both the floor situation and the permitting process involved. Again, began this work on good faith and my belief that I would be paid for my time. I have 8 hours of additonal time into this that I believe I need to be compensated for, what should we do about it? I would appreciate a timely response. Thank you." -------- Jesus! It's my own fault. I didn't check the guy out. His name was given to me by |
#2
Posted to alt.architecture,alt.home.repair
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****t
Won't touch either of 'em with a ten foot pole.
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#3
Posted to alt.architecture,alt.home.repair
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****t
Ask him for what he has in writing. Or send him an email stating
that the verbal agreement was that a signed contract/proposal was required before work would commence or money would change hands. This would cast doubt on any "verbal agreement". He sounds like a scam artist plain and simple. He wont "win" anything unless you cave in and pay him. On Nov 14, 6:59*pm, "Info" wrote: Please see me prior post on Nov 2, 2008. *It's subject line is Help!! This stupid ******* is trying to screw us and I suspect he'll win. I believe he's aiming for his alleged retainer of $1k. I've emailed a lawyer - a personal friend - for a sanity "check." (what else can I call it?) *Neither my wife nor I recall his mentioning the $1k retainer he mentioned to us. *He also never mentioned arbitration or three-fourths of what's in the proposal that I previously posted. God, I feel stupid *Stupid! His "Phase One Proposal" to which he refers ends with the following: "This proposal is good for five (5) days only, unless initiated. Once initiated, it can be terminated by either party, in writing, at any time, with a minimum of one week of notice, when the obligations of each party, relative to this proposal have been fulfilled to date. Retainer amount is non-refundable once contract has been initiated. All parties agree to arbitrate any disputes which may arise, with respect to their specific responsibilities as outlined in this proposal." We sent him an email yesterday stating that we will not be using him. *That was in response to his email asking for our response to his "proposal." *I hadn't replied; that was my way of not accepting the "proposal." *"good for five days only, unless initiated." *Yeah, right, we pay him for work we did not authorize. *Shiit. *As I said, he alleges that we agreed to a $1000 retainer. *That's news to me and to my wife.and I think that's what he's trying to weedle out of us. *He never mentioned arbitration or anything.. Frickin' prick is lying though his teeth. ----- Here's his frikin' email: My name & email address was here "his is a bit of a problem for me, as you gave me verbal authorization to spend up to 8 hours putting together a drawing when we met at your condo. Beyond that, I talked to two different contractors, one extensively about your project. Also, I did what you asked me to do, in terms of writing you an email about the floor construction, putting the preliminary plan together, which takes time, as does the coordination time I would further spend with each of the contractors. My proposal was reflective of this. *Similarly, both contractors I recommended to you would have you sign a proposal before beginning any work, based on my drawing or someone else's. I asked you to call me if you had any questions about the proposal I sent.. Two weeks have passed and I heard nothing from you to contradict what you had asked me to do, all of which takes time. *How do you suggest we handle this? *It is unfair to me to leave me hanging, after you praised my methodology in person, when we talked, since I my research made you aware of both the floor situation and the permitting process involved. Again, began this work on good faith and my belief that I would be paid for my time. I have 8 hours of additonal time into this that I believe I need to be compensated for, what should we do about it? I would appreciate a timely response. *Thank you." -------- Jesus! It's my own fault. *I didn't check the guy out. *His name was given to me by |
#4
Posted to alt.architecture,alt.home.repair
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"Info" wrote in message diainc... Please see me prior post on Nov 2, 2008. It's subject line is Help!! This stupid ******* is trying to screw us and I suspect he'll win. I believe he's aiming for his alleged retainer of $1k. I've emailed a lawyer - a personal friend - for a sanity "check." (what else can I call it?) Neither my wife nor I recall his mentioning the $1k retainer he mentioned to us. He also never mentioned arbitration or three-fourths of what's in the proposal that I previously posted. God, I feel stupid Stupid! His "Phase One Proposal" to which he refers ends with the following: "This proposal is good for five (5) days only, unless initiated. Once initiated, it can be terminated by either party, in writing, at any time, with a minimum of one week of notice, when the obligations of each party, relative to this proposal have been fulfilled to date. Retainer amount is non-refundable once contract has been initiated. All parties agree to arbitrate any disputes which may arise, with respect to their specific responsibilities as outlined in this proposal." We sent him an email yesterday stating that we will not be using him. That was in response to his email asking for our response to his "proposal." I hadn't replied; that was my way of not accepting the "proposal." "good for five days only, unless initiated." Yeah, right, we pay him for work we did not authorize. Shiit. As I said, he alleges that we agreed to a $1000 retainer. That's news to me and to my wife.and I think that's what he's trying to weedle out of us. He never mentioned arbitration or anything. Frickin' prick is lying though his teeth. ----- Here's his frikin' email: My name & email address was here "his is a bit of a problem for me, as you gave me verbal authorization to spend up to 8 hours putting together a drawing when we met at your condo. Beyond that, I talked to two different contractors, one extensively about your project. Also, I did what you asked me to do, in terms of writing you an email about the floor construction, putting the preliminary plan together, which takes time, as does the coordination time I would further spend with each of the contractors. My proposal was reflective of this. Similarly, both contractors I recommended to you would have you sign a proposal before beginning any work, based on my drawing or someone else's. I asked you to call me if you had any questions about the proposal I sent. Two weeks have passed and I heard nothing from you to contradict what you had asked me to do, all of which takes time. How do you suggest we handle this? It is unfair to me to leave me hanging, after you praised my methodology in person, when we talked, since I my research made you aware of both the floor situation and the permitting process involved. Again, began this work on good faith and my belief that I would be paid for my time. I have 8 hours of additonal time into this that I believe I need to be compensated for, what should we do about it? I would appreciate a timely response. Thank you." -------- Jesus! It's my own fault. I didn't check the guy out. His name was given to me by I'm not a lawyer but verbal contracts don't mean a thing unless there is some physical evidence to back them up or *both* parties agree there is an agreement. All you have to say is unequivocally "there was no contract". It's your word against his and he is screwed in court (Judge Judy 101). Olddog |
#5
Posted to alt.architecture,alt.home.repair
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****t
On Sat, 15 Nov 2008 00:47:43 GMT, "olddog"
wrote: I'm not a lawyer but verbal contracts don't mean a thing unless there is some physical evidence to back them up or *both* parties agree there is an agreement. All you have to say is unequivocally "there was no contract". It's your word against his and he is screwed in court (Judge Judy 101). Olddog Howdy, It may be better than that... If I understand this correctly, there were three people present two of whom believe that no agreement was made. All the best, -- Kenneth If you email... Please remove the "SPAMLESS." |
#6
Posted to alt.architecture,alt.home.repair
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****t
On Nov 14, 6:59*pm, "Info" wrote:
Please see me prior post on Nov 2, 2008. *It's subject line is Help!! This stupid ******* is trying to screw us and I suspect he'll win. I believe he's aiming for his alleged retainer of $1k. I've emailed a lawyer - a personal friend - for a sanity "check." (what else can I call it?) *Neither my wife nor I recall his mentioning the $1k retainer he mentioned to us. *He also never mentioned arbitration or three-fourths of what's in the proposal that I previously posted. God, I feel stupid *Stupid! His "Phase One Proposal" to which he refers ends with the following: "This proposal is good for five (5) days only, unless initiated. Once initiated, it can be terminated by either party, in writing, at any time, with a minimum of one week of notice, when the obligations of each party, relative to this proposal have been fulfilled to date. Retainer amount is non-refundable once contract has been initiated. All parties agree to arbitrate any disputes which may arise, with respect to their specific responsibilities as outlined in this proposal." We sent him an email yesterday stating that we will not be using him. *That was in response to his email asking for our response to his "proposal." *I hadn't replied; that was my way of not accepting the "proposal." *"good for five days only, unless initiated." *Yeah, right, we pay him for work we did not authorize. *Shiit. *As I said, he alleges that we agreed to a $1000 retainer. *That's news to me and to my wife.and I think that's what he's trying to weedle out of us. *He never mentioned arbitration or anything.. Frickin' prick is lying though his teeth. ----- Here's his frikin' email: My name & email address was here "his is a bit of a problem for me, as you gave me verbal authorization to spend up to 8 hours putting together a drawing when we met at your condo. Beyond that, I talked to two different contractors, one extensively about your project. Also, I did what you asked me to do, in terms of writing you an email about the floor construction, putting the preliminary plan together, which takes time, as does the coordination time I would further spend with each of the contractors. My proposal was reflective of this. *Similarly, both contractors I recommended to you would have you sign a proposal before beginning any work, based on my drawing or someone else's. I asked you to call me if you had any questions about the proposal I sent.. Two weeks have passed and I heard nothing from you to contradict what you had asked me to do, all of which takes time. *How do you suggest we handle this? *It is unfair to me to leave me hanging, after you praised my methodology in person, when we talked, since I my research made you aware of both the floor situation and the permitting process involved. Again, began this work on good faith and my belief that I would be paid for my time. I have 8 hours of additonal time into this that I believe I need to be compensated for, what should we do about it? I would appreciate a timely response. *Thank you." -------- Jesus! It's my own fault. *I didn't check the guy out. *His name was given to me by He wrote: "Similarly, both contractors I recommended to you would have you sign a proposal before beginning any work, based on my drawing or someone else's." Similarly to what? You didn't sign any proposal agreeing to compensate him for any work. If he's saying he works "similarly" to the other 2 contractors, then he shoudn't have done any work without a signed proposal. Apologize for the misunderstanding and tell him (nicely) that if he wants to take you to court to contact your lawyer. Give him your friend's name and number - or better yet, give him his business card to show him you are serious. I'll wager he never even makes the call. BTW - you said: "I've emailed a lawyer - a personal friend - for a sanity check. How did the lawyer respond? |
#7
Posted to alt.architecture,alt.home.repair
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****t
"DerbyDad03" wrote in message ... On Nov 14, 6:59 pm, "Info" wrote: Please see me prior post on Nov 2, 2008. It's subject line is Help!! This stupid ******* is trying to screw us and I suspect he'll win. I believe he's aiming for his alleged retainer of $1k. I've emailed a lawyer - a personal friend - for a sanity "check." (what else can I call it?) Neither my wife nor I recall his mentioning the $1k retainer he mentioned to us. He also never mentioned arbitration or three-fourths of what's in the proposal that I previously posted. God, I feel stupid Stupid! His "Phase One Proposal" to which he refers ends with the following: "This proposal is good for five (5) days only, unless initiated. Once initiated, it can be terminated by either party, in writing, at any time, with a minimum of one week of notice, when the obligations of each party, relative to this proposal have been fulfilled to date. Retainer amount is non-refundable once contract has been initiated. All parties agree to arbitrate any disputes which may arise, with respect to their specific responsibilities as outlined in this proposal." We sent him an email yesterday stating that we will not be using him. That was in response to his email asking for our response to his "proposal." I hadn't replied; that was my way of not accepting the "proposal." "good for five days only, unless initiated." Yeah, right, we pay him for work we did not authorize. Shiit. As I said, he alleges that we agreed to a $1000 retainer. That's news to me and to my wife.and I think that's what he's trying to weedle out of us. He never mentioned arbitration or anything. Frickin' prick is lying though his teeth. ----- Here's his frikin' email: My name & email address was here "his is a bit of a problem for me, as you gave me verbal authorization to spend up to 8 hours putting together a drawing when we met at your condo. Beyond that, I talked to two different contractors, one extensively about your project. Also, I did what you asked me to do, in terms of writing you an email about the floor construction, putting the preliminary plan together, which takes time, as does the coordination time I would further spend with each of the contractors. My proposal was reflective of this. Similarly, both contractors I recommended to you would have you sign a proposal before beginning any work, based on my drawing or someone else's. I asked you to call me if you had any questions about the proposal I sent. Two weeks have passed and I heard nothing from you to contradict what you had asked me to do, all of which takes time. How do you suggest we handle this? It is unfair to me to leave me hanging, after you praised my methodology in person, when we talked, since I my research made you aware of both the floor situation and the permitting process involved. Again, began this work on good faith and my belief that I would be paid for my time. I have 8 hours of additonal time into this that I believe I need to be compensated for, what should we do about it? I would appreciate a timely response. Thank you." -------- Jesus! It's my own fault. I didn't check the guy out. His name was given to me by He wrote: "Similarly, both contractors I recommended to you would have you sign a proposal before beginning any work, based on my drawing or someone else's." Similarly to what? You didn't sign any proposal agreeing to compensate him for any work. If he's saying he works "similarly" to the other 2 contractors, then he shoudn't have done any work without a signed proposal. Apologize for the misunderstanding and tell him (nicely) that if he wants to take you to court to contact your lawyer. Give him your friend's name and number - or better yet, give him his business card to show him you are serious. I'll wager he never even makes the call. BTW - you said: "I've emailed a lawyer - a personal friend - for a sanity check. How did the lawyer respond? ======== His reply is below. I know the jerk is just trying to rip the "retainer" out of me. I know enough about contract law to It's the frikin principle of the thing. You'll laugh at this: Have these people no shame? Why not just steal some kid's lunch money? The gall of this guy. I can go to the local TV news channels "problem solvers", if need be. The press is the last thing the prick wants. I'm doing nothing but send the email for now. ! Here's a free suggestion, worth exactly what you are paying for it (which, by the way, is nothing - this is a birthday present - happy birthday, belated or otherwise) - I would write him something in simple declarative statements, along the following lines: We called you. You came. No retainer was discussed. We are both absolutely clear about this. You said you would send a proposal. You did. It was good for five days only. We didn't like it. We didn't respond. Your proposal expired. We never agreed to pay you to make a proposal, and we don't owe you any money. See what happens. He can't afford an attorney for this, either. He can take you to small claims, I guess, but he can't use an attorney there, either, and so it will be a fair fight. And there are two of you, and one of him, and I don't like his facts. Good luck. |
#8
Posted to alt.architecture,alt.home.repair
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****t
On Nov 14, 5:59*pm, "Info" wrote:
Please see me prior post on Nov 2, 2008. *It's subject line is Help!! This stupid ******* is trying to screw us and I suspect he'll win. I believe he's aiming for his alleged retainer of $1k. I've emailed a lawyer - a personal friend - for a sanity "check." (what else can I call it?) *Neither my wife nor I recall his mentioning the $1k retainer he mentioned to us. *He also never mentioned arbitration or three-fourths of what's in the proposal that I previously posted. God, I feel stupid *Stupid! His "Phase One Proposal" to which he refers ends with the following: "This proposal is good for five (5) days only, unless initiated. Once initiated, it can be terminated by either party, in writing, at any time, with a minimum of one week of notice, when the obligations of each party, relative to this proposal have been fulfilled to date. Retainer amount is non-refundable once contract has been initiated. All parties agree to arbitrate any disputes which may arise, with respect to their specific responsibilities as outlined in this proposal." We sent him an email yesterday stating that we will not be using him. *That was in response to his email asking for our response to his "proposal." *I hadn't replied; that was my way of not accepting the "proposal." *"good for five days only, unless initiated." *Yeah, right, we pay him for work we did not authorize. *Shiit. *As I said, he alleges that we agreed to a $1000 retainer. *That's news to me and to my wife.and I think that's what he's trying to weedle out of us. *He never mentioned arbitration or anything.. Frickin' prick is lying though his teeth. ----- Here's his frikin' email: My name & email address was here "his is a bit of a problem for me, as you gave me verbal authorization to spend up to 8 hours putting together a drawing when we met at your condo. Beyond that, I talked to two different contractors, one extensively about your project. Also, I did what you asked me to do, in terms of writing you an email about the floor construction, putting the preliminary plan together, which takes time, as does the coordination time I would further spend with each of the contractors. My proposal was reflective of this. *Similarly, both contractors I recommended to you would have you sign a proposal before beginning any work, based on my drawing or someone else's. I asked you to call me if you had any questions about the proposal I sent.. Two weeks have passed and I heard nothing from you to contradict what you had asked me to do, all of which takes time. *How do you suggest we handle this? *It is unfair to me to leave me hanging, after you praised my methodology in person, when we talked, since I my research made you aware of both the floor situation and the permitting process involved. Again, began this work on good faith and my belief that I would be paid for my time. I have 8 hours of additonal time into this that I believe I need to be compensated for, what should we do about it? I would appreciate a timely response. *Thank you." -------- Jesus! It's my own fault. *I didn't check the guy out. *His name was given to me by If you didnt sign anything dont worry, if you did get a registerd return reciept letter out, Him demanding arbitration means he has had trouble. The local court house has his cases on file, once to late I found I hired a guy that lost a case a year. He wants money, forget it. |
#9
Posted to alt.architecture,alt.home.repair
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****t
Kenneth wrote:
On Sat, 15 Nov 2008 00:47:43 GMT, "olddog" wrote: I'm not a lawyer but verbal contracts don't mean a thing unless there is some physical evidence to back them up or *both* parties agree there is an agreement. All you have to say is unequivocally "there was no contract". It's your word against his and he is screwed in court (Judge Judy 101). Olddog Howdy, It may be better than that... If I understand this correctly, there were three people present two of whom believe that no agreement was made. All the best, I find rather incredulous that he would create a proposal with such detail regarding remuneration yet he would incur cost without a written contract. I think he's bluffing. I'd let him sue. Just don't ignore any suit related documents that you receive...if you get any. |
#10
Posted to alt.architecture,alt.home.repair
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****t
"Boden" wrote in message I find rather incredulous that he would create a proposal with such detail regarding remuneration yet he would incur cost without a written contract. I think he's bluffing. I'd let him sue. Just don't ignore any suit related documents that you receive...if you get any. I had a situation years ago with my ex-husband's finances. After the divorce I began to receive phone calls and letters demanding payment on his accounts that (we had kept all finances separate). I simply said, "Do you have a piece of paper with my signature indicating that I am responsible for this debt? No? Then never contact me again." Click. I never had anyone contact me more than once. If you didn't sign anything, how can it be a "contract"? |
#11
Posted to alt.architecture,alt.home.repair
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h wrote:
I had a situation years ago with my ex-husband's finances. After the divorce I began to receive phone calls and letters demanding payment on his accounts that (we had kept all finances separate). I simply said, "Do you have a piece of paper with my signature indicating that I am responsible for this debt? No? Then never contact me again." Click. I never had anyone contact me more than once. If you didn't sign anything, how can it be a "contract"? A "contract" is a meeting of the minds regarding an exchange of goods or services for something of value. Only in a few specific instances must the contract be written. There are typically six categories of contracts that need to be in writing: * Contracts involving marriage (including pre-nuptial agreements) * Contracts that convey ownership of real property (land) * Contracts that take more than one year to complete. * Contracts for the sale of goods (not services) above a statutory amount (usually quite high). * Contracts by the executor of an estate where debts are paid from the executor's accounts. * Contracts where one party acts as guarantor for a third persons debt. These rules were first formulated in 1677 and was called the "Statute of Frauds and Perjuries" and the list is still known by the name "Statute of Frauds." I was taught to remember the list by use of the mnemonic MYLEGS (Marriage, Year, Land, Executor, Goods, Surety). Therefore, a vanishingly small number of contracts NEED to be in writing. A perceptible number of contracts actually ARE written down. 99% of contracts - exchanges of goods and services we undertake every day - are not written. In your case, if you lived in a community property state, you are not required to sign any contract for it to be valid. In those states, marriage is presumed to be a partnership and any obligation entered into by one spouse is equally binding on the other. |
#12
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After the divorce is the key here. The shady bill collecters will try
toget $$$ from anyone they can. Likely the debts are post divorce and not the poster's obligation On Nov 15, 4:56*pm, "HeyBub" wrote: In your case, if you lived in a community property state, you are not required to sign any contract for it to be valid. In those states, marriage is presumed to be a partnership and any obligation entered into by one spouse is equally binding on the other. |
#13
Posted to alt.architecture,alt.home.repair
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"HeyBub" wrote in message m... h wrote: I had a situation years ago with my ex-husband's finances. After the divorce I began to receive phone calls and letters demanding payment on his accounts that (we had kept all finances separate). I simply said, "Do you have a piece of paper with my signature indicating that I am responsible for this debt? No? Then never contact me again." Click. I never had anyone contact me more than once. If you didn't sign anything, how can it be a "contract"? A "contract" is a meeting of the minds regarding an exchange of goods or services for something of value. Only in a few specific instances must the contract be written. There are typically six categories of contracts that need to be in writing: * Contracts involving marriage (including pre-nuptial agreements) * Contracts that convey ownership of real property (land) * Contracts that take more than one year to complete. * Contracts for the sale of goods (not services) above a statutory amount (usually quite high). * Contracts by the executor of an estate where debts are paid from the executor's accounts. * Contracts where one party acts as guarantor for a third persons debt. These rules were first formulated in 1677 and was called the "Statute of Frauds and Perjuries" and the list is still known by the name "Statute of Frauds." I was taught to remember the list by use of the mnemonic MYLEGS (Marriage, Year, Land, Executor, Goods, Surety). Therefore, a vanishingly small number of contracts NEED to be in writing. A perceptible number of contracts actually ARE written down. 99% of contracts - exchanges of goods and services we undertake every day - are not written. In your case, if you lived in a community property state, you are not required to sign any contract for it to be valid. In those states, marriage is presumed to be a partnership and any obligation entered into by one spouse is equally binding on the other. He's absolutely right. I learned that in a business law class in night school 25 years ago. That's why I told him to put in writing. I know I'm right in my dealings with him. It's just one more thing to deal with. Here's my response to his email: You brought plans from the Department of Planning and Development to my wife and me at our request and we paid you the price we agreed on for those plans at that time. You proposed in that meeting to draw up plans which you could submit to contractors. I asked you to submit the proposal in writing. At no time did we discuss or agree to a retainer, hourly rates, feasibility study, arbitration or any of the specifics in your proposal. My wife and I are absolutely certain of this. The proposal that you submitted by email on October 30 was in the form of a Word document titled "Dana Design Proposal.doc " and dated October 30, 2008. The last paragraph expressly states "this proposal is good for five (5) days only." Your proposal was unacceptable so we did not respond. Your proposal expired. We never agreed to pay you to make a proposal, and we do not owe you any money. |
#14
Posted to alt.architecture,alt.home.repair
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On Nov 15, 4:56*pm, "HeyBub" wrote:
In your case, if you lived in a community property state, you are not required to sign any contract for it to be valid. In those states, marriage is presumed to be a partnership and any obligation entered into by one spouse is equally binding on the other. Yikes! That's just insane! Why does anyone ever get married in those states? Co-mingling finances is a recipe for disaster. Glad I live in NY. The funny part about the collection agencies is that they just couldn't wrap their heads around the idea that my ex and I never had the same last name and that I never had any cards or charging privileges on any of his accounts, and vice versa. So just exactly why would they expect me to pay his debts? I certainly never expected him to pay mine. |
#15
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wrote in message ... On Nov 15, 4:56 pm, "HeyBub" wrote: In your case, if you lived in a community property state, you are not required to sign any contract for it to be valid. In those states, marriage is presumed to be a partnership and any obligation entered into by one spouse is equally binding on the other. Yikes! That's just insane! Why does anyone ever get married in those states? Co-mingling finances is a recipe for disaster. Glad I live in NY. The funny part about the collection agencies is that they just couldn't wrap their heads around the idea that my ex and I never had the same last name and that I never had any cards or charging privileges on any of his accounts, and vice versa. So just exactly why would they expect me to pay his debts? I certainly never expected him to pay mine. ---- My grandfather, father, and I have the same first name, middle initial and last name. The middle names are different. I've used my middle name since the dawn of time. My grandfather started a business in the 20s, "First Name, middle initial, last name, Inc." The company dissolved in '90. Two collection agencies have contacted me over the past 15 years asserting that I owed the State of New York taxes for the company. I set them straight. Heck, the Social Security Administration has my name listed as "Middle name, first initial, last name." It's an unusual middle name, but a darn good one, and it screws the world up. |
#16
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On Sat, 15 Nov 2008 23:05:56 -0800, "Info"
wrote: "HeyBub" wrote in message om... h wrote: I had a situation years ago with my ex-husband's finances. After the divorce I began to receive phone calls and letters demanding payment on his accounts that (we had kept all finances separate). I simply said, "Do you have a piece of paper with my signature indicating that I am responsible for this debt? No? Then never contact me again." Click. I never had anyone contact me more than once. If you didn't sign anything, how can it be a "contract"? A "contract" is a meeting of the minds regarding an exchange of goods or services for something of value. Only in a few specific instances must the contract be written. There are typically six categories of contracts that need to be in writing: * Contracts involving marriage (including pre-nuptial agreements) * Contracts that convey ownership of real property (land) * Contracts that take more than one year to complete. * Contracts for the sale of goods (not services) above a statutory amount (usually quite high). * Contracts by the executor of an estate where debts are paid from the executor's accounts. * Contracts where one party acts as guarantor for a third persons debt. These rules were first formulated in 1677 and was called the "Statute of Frauds and Perjuries" and the list is still known by the name "Statute of Frauds." I was taught to remember the list by use of the mnemonic MYLEGS (Marriage, Year, Land, Executor, Goods, Surety). Therefore, a vanishingly small number of contracts NEED to be in writing. A perceptible number of contracts actually ARE written down. 99% of contracts - exchanges of goods and services we undertake every day - are not written. In your case, if you lived in a community property state, you are not required to sign any contract for it to be valid. In those states, marriage is presumed to be a partnership and any obligation entered into by one spouse is equally binding on the other. He's absolutely right. I learned that in a business law class in night school 25 years ago. That's why I told him to put in writing. I know I'm right in my dealings with him. It's just one more thing to deal with. Here's my response to his email: You brought plans from the Department of Planning and Development to my wife and me at our request and we paid you the price we agreed on for those plans at that time. You proposed in that meeting to draw up plans which you could submit to contractors. I asked you to submit the proposal in writing. At no time did we discuss or agree to a retainer, hourly rates, feasibility study, arbitration or any of the specifics in your proposal. My wife and I are absolutely certain of this. The proposal that you submitted by email on October 30 was in the form of a Word document titled "Dana Design Proposal.doc " and dated October 30, 2008. The last paragraph expressly states "this proposal is good for five (5) days only." Your proposal was unacceptable so we did not respond. Your proposal expired. We never agreed to pay you to make a proposal, and we do not owe you any money. Howdy, No lawyer I, but... 'Seems like a fine response. Clear, fully descriptive, and firm in tone, but... When, or if, you get a response, just ignore it. You have no obligation to this person whatever (in fact, you don't owe even your carefully crafted response above.) So, in the unlikely event that you get a response, instead of putting more time into this mess, take your wife to dinner. (and after that, remember to mention your experience to folks you know in your community...) All the best, -- Kenneth If you email... Please remove the "SPAMLESS." |
#17
Posted to alt.architecture,alt.home.repair
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#18
Posted to alt.architecture,alt.home.repair
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I'm not a lawyer but verbal contracts don't mean a thing unless there is
some physical evidence to back them up or *both* parties agree there is an agreement. Pah. Next year you'll have to agree that you agreed there was an agreement. A verbal agreement MEANS very much. Of course getting it enforced in court is a different story. Courts make it very handy to lie your way out of an agreement. |
#19
Posted to alt.architecture,alt.home.repair
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"Kenneth" wrote in message ... On Sat, 15 Nov 2008 23:05:56 -0800, "Info" wrote: "HeyBub" wrote in message news:tvCdnWDPz9WH24LUnZ2dnUVZ_qadnZ2d@earthlink. com... h wrote: I had a situation years ago with my ex-husband's finances. After the divorce I began to receive phone calls and letters demanding payment on his accounts that (we had kept all finances separate). I simply said, "Do you have a piece of paper with my signature indicating that I am responsible for this debt? No? Then never contact me again." Click. I never had anyone contact me more than once. If you didn't sign anything, how can it be a "contract"? A "contract" is a meeting of the minds regarding an exchange of goods or services for something of value. Only in a few specific instances must the contract be written. There are typically six categories of contracts that need to be in writing: * Contracts involving marriage (including pre-nuptial agreements) * Contracts that convey ownership of real property (land) * Contracts that take more than one year to complete. * Contracts for the sale of goods (not services) above a statutory amount (usually quite high). * Contracts by the executor of an estate where debts are paid from the executor's accounts. * Contracts where one party acts as guarantor for a third persons debt. These rules were first formulated in 1677 and was called the "Statute of Frauds and Perjuries" and the list is still known by the name "Statute of Frauds." I was taught to remember the list by use of the mnemonic MYLEGS (Marriage, Year, Land, Executor, Goods, Surety). Therefore, a vanishingly small number of contracts NEED to be in writing. A perceptible number of contracts actually ARE written down. 99% of contracts - exchanges of goods and services we undertake every day - are not written. In your case, if you lived in a community property state, you are not required to sign any contract for it to be valid. In those states, marriage is presumed to be a partnership and any obligation entered into by one spouse is equally binding on the other. He's absolutely right. I learned that in a business law class in night school 25 years ago. That's why I told him to put in writing. I know I'm right in my dealings with him. It's just one more thing to deal with. Here's my response to his email: You brought plans from the Department of Planning and Development to my wife and me at our request and we paid you the price we agreed on for those plans at that time. You proposed in that meeting to draw up plans which you could submit to contractors. I asked you to submit the proposal in writing. At no time did we discuss or agree to a retainer, hourly rates, feasibility study, arbitration or any of the specifics in your proposal. My wife and I are absolutely certain of this. The proposal that you submitted by email on October 30 was in the form of a Word document titled "Dana Design Proposal.doc " and dated October 30, 2008. The last paragraph expressly states "this proposal is good for five (5) days only." Your proposal was unacceptable so we did not respond. Your proposal expired. We never agreed to pay you to make a proposal, and we do not owe you any money. Howdy, No lawyer I, but... 'Seems like a fine response. Clear, fully descriptive, and firm in tone, but... When, or if, you get a response, just ignore it. You have no obligation to this person whatever (in fact, you don't owe even your carefully crafted response above.) So, in the unlikely event that you get a response, instead of putting more time into this mess, take your wife to dinner. (and after that, remember to mention your experience to folks you know in your community...) Oh great...then he'll come after him for slander. LOL Olddog |
#20
Posted to alt.architecture,alt.home.repair
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On Mon, 17 Nov 2008 01:49:44 GMT, "olddog" wrote:
"Kenneth" wrote in message .. . On Sat, 15 Nov 2008 23:05:56 -0800, "Info" wrote: "HeyBub" wrote in message news:tvCdnWDPz9WH24LUnZ2dnUVZ_qadnZ2d@earthlink .com... h wrote: I had a situation years ago with my ex-husband's finances. After the divorce I began to receive phone calls and letters demanding payment on his accounts that (we had kept all finances separate). I simply said, "Do you have a piece of paper with my signature indicating that I am responsible for this debt? No? Then never contact me again." Click. I never had anyone contact me more than once. If you didn't sign anything, how can it be a "contract"? A "contract" is a meeting of the minds regarding an exchange of goods or services for something of value. Only in a few specific instances must the contract be written. There are typically six categories of contracts that need to be in writing: * Contracts involving marriage (including pre-nuptial agreements) * Contracts that convey ownership of real property (land) * Contracts that take more than one year to complete. * Contracts for the sale of goods (not services) above a statutory amount (usually quite high). * Contracts by the executor of an estate where debts are paid from the executor's accounts. * Contracts where one party acts as guarantor for a third persons debt. These rules were first formulated in 1677 and was called the "Statute of Frauds and Perjuries" and the list is still known by the name "Statute of Frauds." I was taught to remember the list by use of the mnemonic MYLEGS (Marriage, Year, Land, Executor, Goods, Surety). Therefore, a vanishingly small number of contracts NEED to be in writing. A perceptible number of contracts actually ARE written down. 99% of contracts - exchanges of goods and services we undertake every day - are not written. In your case, if you lived in a community property state, you are not required to sign any contract for it to be valid. In those states, marriage is presumed to be a partnership and any obligation entered into by one spouse is equally binding on the other. He's absolutely right. I learned that in a business law class in night school 25 years ago. That's why I told him to put in writing. I know I'm right in my dealings with him. It's just one more thing to deal with. Here's my response to his email: You brought plans from the Department of Planning and Development to my wife and me at our request and we paid you the price we agreed on for those plans at that time. You proposed in that meeting to draw up plans which you could submit to contractors. I asked you to submit the proposal in writing. At no time did we discuss or agree to a retainer, hourly rates, feasibility study, arbitration or any of the specifics in your proposal. My wife and I are absolutely certain of this. The proposal that you submitted by email on October 30 was in the form of a Word document titled "Dana Design Proposal.doc " and dated October 30, 2008. The last paragraph expressly states "this proposal is good for five (5) days only." Your proposal was unacceptable so we did not respond. Your proposal expired. We never agreed to pay you to make a proposal, and we do not owe you any money. Howdy, No lawyer I, but... 'Seems like a fine response. Clear, fully descriptive, and firm in tone, but... When, or if, you get a response, just ignore it. You have no obligation to this person whatever (in fact, you don't owe even your carefully crafted response above.) So, in the unlikely event that you get a response, instead of putting more time into this mess, take your wife to dinner. (and after that, remember to mention your experience to folks you know in your community...) Oh great...then he'll come after him for slander. LOL Olddog Truth is an excellent defense against slander suits. |
#21
Posted to alt.architecture,alt.home.repair
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wrote in message news On Mon, 17 Nov 2008 01:49:44 GMT, "olddog" wrote: "Kenneth" wrote in message . .. On Sat, 15 Nov 2008 23:05:56 -0800, "Info" wrote: "HeyBub" wrote in message news:tvCdnWDPz9WH24LUnZ2dnUVZ_qadnZ2d@earthlin k.com... h wrote: I had a situation years ago with my ex-husband's finances. After the divorce I began to receive phone calls and letters demanding payment on his accounts that (we had kept all finances separate). I simply said, "Do you have a piece of paper with my signature indicating that I am responsible for this debt? No? Then never contact me again." Click. I never had anyone contact me more than once. If you didn't sign anything, how can it be a "contract"? A "contract" is a meeting of the minds regarding an exchange of goods or services for something of value. Only in a few specific instances must the contract be written. There are typically six categories of contracts that need to be in writing: * Contracts involving marriage (including pre-nuptial agreements) * Contracts that convey ownership of real property (land) * Contracts that take more than one year to complete. * Contracts for the sale of goods (not services) above a statutory amount (usually quite high). * Contracts by the executor of an estate where debts are paid from the executor's accounts. * Contracts where one party acts as guarantor for a third persons debt. These rules were first formulated in 1677 and was called the "Statute of Frauds and Perjuries" and the list is still known by the name "Statute of Frauds." I was taught to remember the list by use of the mnemonic MYLEGS (Marriage, Year, Land, Executor, Goods, Surety). Therefore, a vanishingly small number of contracts NEED to be in writing. A perceptible number of contracts actually ARE written down. 99% of contracts - exchanges of goods and services we undertake every day - are not written. In your case, if you lived in a community property state, you are not required to sign any contract for it to be valid. In those states, marriage is presumed to be a partnership and any obligation entered into by one spouse is equally binding on the other. He's absolutely right. I learned that in a business law class in night school 25 years ago. That's why I told him to put in writing. I know I'm right in my dealings with him. It's just one more thing to deal with. Here's my response to his email: You brought plans from the Department of Planning and Development to my wife and me at our request and we paid you the price we agreed on for those plans at that time. You proposed in that meeting to draw up plans which you could submit to contractors. I asked you to submit the proposal in writing. At no time did we discuss or agree to a retainer, hourly rates, feasibility study, arbitration or any of the specifics in your proposal. My wife and I are absolutely certain of this. The proposal that you submitted by email on October 30 was in the form of a Word document titled "Dana Design Proposal.doc " and dated October 30, 2008. The last paragraph expressly states "this proposal is good for five (5) days only." Your proposal was unacceptable so we did not respond. Your proposal expired. We never agreed to pay you to make a proposal, and we do not owe you any money. Howdy, No lawyer I, but... 'Seems like a fine response. Clear, fully descriptive, and firm in tone, but... When, or if, you get a response, just ignore it. You have no obligation to this person whatever (in fact, you don't owe even your carefully crafted response above.) So, in the unlikely event that you get a response, instead of putting more time into this mess, take your wife to dinner. (and after that, remember to mention your experience to folks you know in your community...) Oh great...then he'll come after him for slander. LOL Olddog Truth is an excellent defense against slander suits. I was being facetious. He's shaking him down for one thing, he'll have no problem with another. |
#22
Posted to alt.architecture,alt.home.repair
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"Info" wrote:
Yikes! That's just insane! Why does anyone ever get married in those states? Co-mingling finances is a recipe for disaster. Indeed, its the root of many divorces, money issues. In the beginning my wife and I co-mingled money and did nothing but argue, about spending and saving differences. Then, we split it out, what was hers was hers and what was mine was mine. She got an account and I got an account and we got a joint account for just the joint household bills: house payment, utilities. Food and other miscellaneous things were paid by each of us seperately. And the arguing about money ceased. We also file taxes seperately too. We probably pay more that way but again, we argue less, and thats priceless. Now, I no longer believe in marriage and believe there is more liability than it is worth. The understanding between my lifemate and I is no ones business but our own and the state needs to stay out of it. |
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