Viewing feedback for: Lind
Email: [email protected]
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Meyer
Samba Member
Joined: October 30, 2003
Posts: 807
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 Posted: Wed Mar 20, 2013 12:28 pm Post subject: |
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And that's funny because I don't think Crofty was talking about those particular conclusions (referring to bugnut's post).
UZI's right: the interwebz can be tricky. Which goes back to what Type 5 Joe just said. Clear and immediate verbal communication between the two parties until an amicable solution is arrived at. If that can't be arranged quickly, then ... well ... you gotta do what you gotta do.
But I think we can all agree that I've said enough. Hope it works out OK.
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Sniperx
Samba Member
Joined: February 14, 2010
Posts: 777
Location: Japan
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| Posted: Wed Mar 20, 2013 1:42 pm Post subject: |
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I think there was an estimate and invoice produced early on in this conversation.
What a dumbass. Even when I put myself in these positions I ALWAYS ended up swallowing the bill and delivering or apologizing and giving the money back.
When I was in Japan and was on the other end of this story...I ended up getting a Yakuza boss, the police, and the JP IRS on the case. I got a good amount back. It took hidden recordings to finally get it through I wasn't playing around anymore. |
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bugnut68
Samba Member
Joined: June 10, 2003
Posts: 4180
Location: Eugene, OR
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| Posted: Wed Mar 20, 2013 1:57 pm Post subject: |
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| Meyer wrote: |
And that's funny because I don't think Crofty was talking about those particular conclusions (referring to bugnut's post).
UZI's right: the interwebz can be tricky. Which goes back to what Type 5 Joe just said. Clear and immediate verbal communication between the two parties until an amicable solution is arrived at. If that can't be arranged quickly, then ... well ... you gotta do what you gotta do.
But I think we can all agree that I've said enough. Hope it works out OK.
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If I misinterpreted crofty's position/comments, I stand corrected... I do agree that things can spiral quickly out of control in these types of situations where the other party has not weighed in but with only one post.
I truly feel for gabriel and his brother in this case, as this is a situation where both parties ultimately are losing out. |
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gabvwkey
Samba Member
Joined: December 11, 2002
Posts: 414
Location: El Cajon, CA 92020
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| Posted: Wed Mar 20, 2013 3:36 pm Post subject: |
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| bugnut68 wrote: |
| Meyer wrote: |
And that's funny because I don't think Crofty was talking about those particular conclusions (referring to bugnut's post).
UZI's right: the interwebz can be tricky. Which goes back to what Type 5 Joe just said. Clear and immediate verbal communication between the two parties until an amicable solution is arrived at. If that can't be arranged quickly, then ... well ... you gotta do what you gotta do.
But I think we can all agree that I've said enough. Hope it works out OK.
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If I misinterpreted crofty's position/comments, I stand corrected... I do agree that things can spiral quickly out of control in these types of situations where the other party has not weighed in but with only one post.
I truly feel for gabriel and his brother in this case, as this is a situation where both parties ultimately are losing out. |
Well, my brother more, Lind still has car + $$ my brother so far no car, no money, and a year of empty promises!
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bugnut68
Samba Member
Joined: June 10, 2003
Posts: 4180
Location: Eugene, OR
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| Posted: Wed Mar 20, 2013 3:40 pm Post subject: |
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| gabvwkey wrote: |
| bugnut68 wrote: |
| Meyer wrote: |
And that's funny because I don't think Crofty was talking about those particular conclusions (referring to bugnut's post).
UZI's right: the interwebz can be tricky. Which goes back to what Type 5 Joe just said. Clear and immediate verbal communication between the two parties until an amicable solution is arrived at. If that can't be arranged quickly, then ... well ... you gotta do what you gotta do.
But I think we can all agree that I've said enough. Hope it works out OK.
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If I misinterpreted crofty's position/comments, I stand corrected... I do agree that things can spiral quickly out of control in these types of situations where the other party has not weighed in but with only one post.
I truly feel for gabriel and his brother in this case, as this is a situation where both parties ultimately are losing out. |
Well, my brother more, Lind still has car + $$ my brother so far no car, no money, and a year of empty promises! |
I know, I should been more specific. Lind's loss doesn't appear to be monetary but his reputation, previously quite revered, is swirling down the old toilet quite rapidly as more people see this without any type of response from him.
I can't reiterate enough how despicable your situation is from my vantage point... truly sorry you've got to go through this. |
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EverettB 
Administrator
Joined: April 11, 2000
Posts: 69813
Location: Phoenix Metro
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| Posted: Wed Mar 20, 2013 5:15 pm Post subject: |
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Moderator note:
I removed a bunch of useless posts/chatting/insults (again)
I'm pretty sure everything has been said at this point, my opinion is that the buyers should restrict their posts to anything that is actually a real update on the situation.
If anyone else wants to post, please keep it to something that is actually helpful. For instance if you have actual legal advice or personally know Lind and can provide an update or explanation from first-hand, direct knowledge.
To the member who noted that Lind had a "wanted" line in his signature.
I agree this is essentially an ad and it has been removed.
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Type 5 Joe
Banned
Joined: January 18, 2003
Posts: 1795
Location: Oregon
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| Posted: Wed Mar 20, 2013 7:12 pm Post subject: |
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http://boise.craigslist.org/wan/3689003983.html
VW BUS for parts WANTED - $500 (boise)
I am working on a couple VW buses and I need a parts car. if you have a dead bus in your backyard, I would be happy to buy it and put it to use. I can pay $200-$500+ depending on condition.
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I answered this ad.... He was quick to respond.
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Joe,
my number is 484-25XX. call anytime between 9am and 11pm.
thanks,
--Lind
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NOT COOL
I guess he has cash ready for the next score, but nothing for these dudes. |
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gabvwkey
Samba Member
Joined: December 11, 2002
Posts: 414
Location: El Cajon, CA 92020
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| Posted: Wed Mar 20, 2013 7:39 pm Post subject: |
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| Type 5 Joe wrote: |
http://boise.craigslist.org/wan/3689003983.html
VW BUS for parts WANTED - $500 (boise)
I am working on a couple VW buses and I need a parts car. if you have a dead bus in your backyard, I would be happy to buy it and put it to use. I can pay $200-$500+ depending on condition.
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I answered this ad.... He was quick to respond.
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Joe,
my number is 484-25XX. call anytime between 9am and 11pm.
thanks,
--Lind
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NOT COOL
I guess he has cash ready for the next score, but nothing for these dudes. |
Thanks Type 5 Joe, I guess this answers the question about him not having Misa's money on hand!
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Type 5 Joe
Banned
Joined: January 18, 2003
Posts: 1795
Location: Oregon
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| Posted: Wed Mar 20, 2013 8:20 pm Post subject: |
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Well he could give them a decent bug with the work done that he had promised, for the original price agreed upon...Quickly.
Or he could make some kind of arrangement to get their money back to them...
I would hope this will be settled soon, and everything forgiven / forgotten. |
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Gary
Person of Interest
Joined: November 01, 2002
Posts: 17069
Location: 127.0.0.1
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| Posted: Thu Mar 21, 2013 6:20 am Post subject: |
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| Spezialist wrote: |
The issue in my opinion is this, Community.
Since to me it's fairly obvious that the buyers didn't make a written contract with the seller they have no legal standing in court.
Both parties know this, Lind is using it as leverage at this point.
By not being part of the argument he effectively offers no evidence that thread may produce.
Buyers made a decision based on community to trust seller, thereby trusting community.
Too bad it comes to this. |
The part of the statement in bold is incorrect.
http://www.ehow.com/info_7755322_laws-oral-contracts-california.html
California Civil Code 1622: All contracts may be oral, except such as are specially required by statute to be in writing.
http://legislature.idaho.gov/idstat/Title5/T5CH2SECT5-217.htm
| Quote: |
TITLE 5
PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD
CHAPTER 2
LIMITATION OF ACTIONS
5-217. Action on oral contract. Within four (4) years:
An action upon a contract, obligation or liability not founded upon an instrument of writing.
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Meyer
Samba Member
Joined: October 30, 2003
Posts: 807
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| Posted: Thu Mar 21, 2013 8:28 am Post subject: |
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| Gary wrote: |
| Spezialist wrote: |
The issue in my opinion is this, Community.
Since to me it's fairly obvious that the buyers didn't make a written contract with the seller they have no legal standing in court.
Both parties know this, Lind is using it as leverage at this point.
By not being part of the argument he effectively offers no evidence that thread may produce.
Buyers made a decision based on community to trust seller, thereby trusting community.
Too bad it comes to this. |
The part of the statement in bold is incorrect.
http://www.ehow.com/info_7755322_laws-oral-contracts-california.html
California Civil Code 1622: All contracts may be oral, except such as are specially required by statute to be in writing.
http://legislature.idaho.gov/idstat/Title5/T5CH2SECT5-217.htm
| Quote: |
TITLE 5
PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD
CHAPTER 2
LIMITATION OF ACTIONS
5-217. Action on oral contract. Within four (4) years:
An action upon a contract, obligation or liability not founded upon an instrument of writing.
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Or look to the statute of frauds in the Uniform Commercial Code [4319]. While it does say that contracts for the sale of goods valued at $500 or more must be in writing to be enforceable, there is a 'partial performance accepted' exception for that [ucc2-201/4319.04] where payment has been made.
So Gary's point remains regardless of this being an interstate thing since it sounds like payment was made in the form of checks, which constitutes sufficient documentation.
(I am not a lawyer, thank God, so that is just me looking it up in the UCC.)
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Tram
Samba Socialist
Joined: May 02, 2003
Posts: 22711
Location: Still Feelin' the Bern- Once you've felt it you can't un- feel it.
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| Posted: Thu Mar 21, 2013 11:53 am Post subject: |
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| Meyer wrote: |
| Gary wrote: |
| Spezialist wrote: |
The issue in my opinion is this, Community.
Since to me it's fairly obvious that the buyers didn't make a written contract with the seller they have no legal standing in court.
Both parties know this, Lind is using it as leverage at this point.
By not being part of the argument he effectively offers no evidence that thread may produce.
Buyers made a decision based on community to trust seller, thereby trusting community.
Too bad it comes to this. |
The part of the statement in bold is incorrect.
http://www.ehow.com/info_7755322_laws-oral-contracts-california.html
California Civil Code 1622: All contracts may be oral, except such as are specially required by statute to be in writing.
http://legislature.idaho.gov/idstat/Title5/T5CH2SECT5-217.htm
| Quote: |
TITLE 5
PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD
CHAPTER 2
LIMITATION OF ACTIONS
5-217. Action on oral contract. Within four (4) years:
An action upon a contract, obligation or liability not founded upon an instrument of writing.
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Or look to the statute of frauds in the Uniform Commercial Code [4319]. While it does say that contracts for the sale of goods valued at $500 or more must be in writing to be enforceable, there is a 'partial performance accepted' exception for that [ucc2-201/4319.04] where payment has been made.
So Gary's point remains regardless of this being an interstate thing since it sounds like payment was made in the form of checks, which constitutes sufficient documentation.
(I am not a lawyer, thank God, so that is just me looking it up in the UCC.)
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The problem is that oral contracts often wind up being a "he said, she said" situation. The courts still require proof.
Checks and Emails could be key here. If for example, Misa sent Lind a check for $2000, with a memo "1963 VW VIN xxxxxx, paid in full", Lind's cashing of said check may be viewed as a tacit agreement of a provable contract.
If the $1200 estimates of repairs were sent in an Email, a $1200 check could be viewed as prima facie evidence of a contractual agreement.
Again, as far as getting law enforcement authorities involved, it might work, but it's far more likely that the cops will duck behind the "Sorry, it's a civil matter" facade because alleged fraud is not proven fraud.
The lesson here is "always get it in writing"!
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Mike Fisher
Samba Member
Joined: January 30, 2006
Posts: 17970
Location: Eugene, OR
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| Posted: Thu Mar 21, 2013 1:13 pm Post subject: |
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Cashed checks should be plenty of proof to get a judgement. Lind will have to show what he delivered for the $3200. If Lind & his wife don't show up in Court it is a slam dunk judgement for Gabe. You pay the Marshals $40? (officers of the Court) to serve the subpoenas/enforce the judgement. There must be a local Sambanista in ID, who will help Gabe with the paperwork. They might even be able to represent Gabe in Court with a limited Power of Attorney? Gabe could find out all about this himself if he went to his County Courthouse to see how it is done! 
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One eyed duck
Samba Member
Joined: January 29, 2001
Posts: 69
Location: Malvern Hills..........UK
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| Posted: Thu Mar 21, 2013 3:27 pm Post subject: |
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As part of restoring my early ’56 bus, I spent many, many months (and more!) trying to find a matching set of correct 1/56 dated rims for this ‘keeper’ – which is not an easy task over here in the UK (believe me!).
Eventually ending up one short, when I saw Lind advertising a 1/56 rim on TheSamba, I asked him if he would be willing to ship to UK to save me from any more fruitless swap meet miles, even though shipping costs to the UK were likely to be at least as much as the purchase price of the rim itself! Now shipping a rim overseas is not a trivial exercise, and kudos to Lind, he said he’d undertake this for me, and followed up with finding out shipping costs. He even dug out another ’56 rim in his workshop, and given the increase in shipping costs for two rims was not huge, we agreed on two rims at a total of $160 plus shipping costs. I transferred funds to Lind as arranged.
That was two years ago now. Given the nature of getting rims packed up and shipped overseas, I was expecting this to take a little time, and after a few months, Lind apologised for the delay as he’d been away, and said he’d get on it ‘next week’.
Then e-mail communication stopped from Lind’s side, but by going through Private Messages on TheSamba, I managed to get a response from Lind in March last year, again apologising and saying that he would ‘send them soon’. Then the PM channel from Lind also went quiet, despite me sending other messages over the following months (which remain ‘Unread’ despite Lind logging into TheSamba). I can only assume Lind is ignoring these.
I have met Lind, and I have purchased items from Lind previously, and he has always come through. I was also seriously appreciative of him undertaking to ship such bulky items to the UK – for us over this side trying to find elusive bits for our buses, this means alot.
However, having this experience with him, and now seeing other recent feedback on this thread, I don’t believe Lind will come through on our deal this time.
I really thought Lind was one of TheSamba community who was always there – almost a ‘fixture’ in this place, and on that basis a good guy to deal with. That’s the most disappointing thing about all this – but you live and learn.
Lind has not kept his word, and won’t respond to any messages to explain anything. I’m afraid I can only say that in my experience, Lind cannot be considered as trustworthy to deal with. 
Lind - if you do read this - drop me a line.
Thanks,
Steve |
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Meyer
Samba Member
Joined: October 30, 2003
Posts: 807
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| Posted: Thu Mar 21, 2013 7:20 pm Post subject: |
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| Wow, Steve. You are really a class act - no joke. Your patience is commendable. |
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gabvwkey
Samba Member
Joined: December 11, 2002
Posts: 414
Location: El Cajon, CA 92020
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| Posted: Mon Mar 25, 2013 5:37 pm Post subject: |
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Well, I'm happy to inform you that my brother Misael Garcia has recuperated his money, he is now gonna be able to move on with his life and maybe purchase a VW Bus (locally preferably)
My brother has his money, and I'm done with this drama.
Gabriel.
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Stanagon
Samba Member
Joined: July 11, 2003
Posts: 4186
Location: Boston, MA
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gabvwkey
Samba Member
Joined: December 11, 2002
Posts: 414
Location: El Cajon, CA 92020
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| Posted: Fri Mar 29, 2013 4:00 pm Post subject: |
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| Stanagon wrote: |
| gabvwkey wrote: |
Well, I'm happy to inform you that my brother Misael Garcia has recuperated his money, he is now gonna be able to move on with his life and maybe purchase a VW Bus (locally preferably)
My brother has his money, and I'm done with this drama.
Gabriel. |
Did the resolution come about because of this forum, or from some other form of pressure on the seller? |
Only Lind could answer that.
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One eyed duck
Samba Member
Joined: January 29, 2001
Posts: 69
Location: Malvern Hills..........UK
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| Posted: Sat Apr 13, 2013 12:34 am Post subject: UPDATE from my post of 21 March |
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UPDATE ON MY POST re. ’56 dated rims (from 21 March)
Issue has now been resolved.
Lind contacted me on 22 March and apologised for the situation and said he had now shipped the two rims out to me. Received safely at this end today.
Despite the length of time this particular deal has taken to sort, I still remain appreciative of sellers who are prepared ship bulky, awkward items overseas so that we have access to parts that are difficult to find (at best!) in the UK.
Lind – thanks for contacting me and sorting – appreciated.
Thanks also to TheSamba and the community on here – it is a great site (as we all know!) 
Steve |
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52HoffmanSplit
Samba Member
Joined: April 07, 2006
Posts: 1272
Location: Lamorinda CA
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| Posted: Fri Jun 14, 2013 3:25 pm Post subject: |
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I have had several deals with Lind, direct in person and long distance and all have gone through perfect. They have transpired quickly and were fair and equitable. If you just read 11 pages of BS regarding a single transaction, take to heart that 90% of the posts were by some of the samba's biggest Know-it-all's and none of them even remotely involved in the transaction.
We often see disputes between "real mechanics" and those who only have cash and no skill. They don't understand that labor, parts and time aren't a FREE commodity and an estimate is just that.... an ESTIMATE.
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