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WWYD? Small Business Fail


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Background- Last fall we took my computer into a local repair shop to be fixed. It was blue-screening. He replaced the harddrive. We hobbled it along throughout that semester, but it kept blue screening still. Then over Winter break, I took it back in. He called and said it was the motherboard and was going to get back with us on price. He never did. Then DH's grandma died, out car was stolen, various family members were in and out of the hospital with cancer or illness. It was very nuts and the computer wasn't top Priority. Then in August, I wanted to get things back together for the new school year, so I had dh go pick it up. He went up twice and both times the guy said that it was in storage and he needed to get it out. Since then, I have been back up there almost weekly and each week it's a new excuse why he doesn't have it. First, he tried to give us some one else's. Actually, several times he has insisted someone else's computer was mine. I found a picture and showed him, thrn he didn't have it because he was sick, ect, ect, ect. Finally, I sent him an email, with a pic, firmly explaining that this was enough, I'd be there at a certain time one q certain day and expected him to have it ready. Then the hurricane came through and dh had to work and i couldn't make it that day. Last week I made it up there (a week later) and he (get this) says that I didn't come so he put it back in storage :blink: says he doesn't have room to just keep it there. :cursing: :banghead: so I tell him I will be back today and when I ge there, he's closed.

 

So that's the story. Obviously, I shouldn't have left it there so long inthe first place. But we are way beyond that. I'm not sure what my next step should be. He's obviously not going to have the computer when I go in there next. (I really don't know how this guy has stayed in business) Dh thinks I should just give it up; it's an older computer anyway. But at this point it's more the principle of the thing. It's MY computer! He's essentially stealing it! (I honestly wouldn't be surprised if he gave it to someone else, though he glaims to now know exactly which it is and to still have it) iAnd, it's still perfectly good and meets all our needs for a school computer. DH bought it for me to play WOW with him, so it was a top-line gaming computer- about 6 yrs ago. I did send him an email that I was there, he was closed, and when/how did he plan to get my computer to me. I'm thinking I should just demand the money we paid him to fix it. He doesn't want to give it back, fine, keep it. But you have the new hard drive, so give me back the 100 bucks. Of course, I can't really make him do it. So, what? It's not enough to sue over and he's a small business owner, so there is no higher up to appeal to. Thoughts? WWYD? I'm really close to giving up. But I really hate to let him win. :)

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Well, I used to work for a small computer repair business and depends on your state, but where I lived at the time, after no contact from owner for 90 days (I think, could be be 120, some states it's 60), it is abandoned property.

MANY clients would hear that xxx needed to be replaced and then puff... disappear. We had a charge for estimated that was waived if repair is done, so they didn't want to pay for that when they decided not to fix it, I know that is not your case, but I don't think you have a leg to stand on in most states, especially since you said you would come on xx date and didn't show( or send someone with a claim tag, reciept). We used to mail a reminder before that time period passed, but according to our state we didn't HAVE to.

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Oddly enough, a similar situation happened to me. In my case, the repair shop told me the issue was part of a recall and it shouldn't be a problem to fix. Wait, wait, wait....they're waiting for confirmation on something....oh, it wasn't part of the recall after all. This was more than 2 MONTHS later. I had already bought another computer. The cost to fix it was ridiculous. I told them I'd pick it up.

 

At this point, I wasn't in a rush to pick up the useless thing, since I had another computer, so I didn't pick up right away. When I did go to pick it up, they remembered me, went to get my computer, and it's gone. WHAT? Oh, we must have left a message for you and you didn't respond :glare::glare:. Um, no, I talked to you several times regarding the recall issue and if you used the same number, you'd have gotten a hold of me. Sorry, the machine is gone.

 

I wonder if your machine is "gone" too? I didn't end up doing anything other than tell anyone I know to NEVER take their computer there. We live in small town. Word of mouth is worth a lot ;).

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How long had you left it with him without attempting to claim it/check on it after he gave a last estimate? how many days/weeks/months with no follow up from you? if you were to try taking him to small claims you'd need specific time lines. (and that you had ill relatives etc would be deemed irrelevant by a judge.)

 

I agree with the pp, depending upon your state, it could be considered abandoned property and he would be within his rights to dispose of it, or even break it down for parts. eta: if that time time frame passed before you contacted him to pick it up- that time period would still be considered passed.

Edited by gardenmom5
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It sounds to me like you abandoned your computer for 7-8 months and expected him to hold it indefinitely in case you ever returned for it. I think the biggest thing he did wrong is not telling you up front that he doesn't hold on to abandoned property that long. There was fault on both sides; call it a wash and let it go.

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Maybe you should accept the other computer he offered you.

 

Sorry this happened.

 

:lol: Maybe! I wouldn't be surprised if he gave ours to someone else. (apparently he has another customer with dh's name. The first computer he insisted was mine was this other guy's. And dh has said that he mixed up their things before.)

 

Oddly enough, a similar situation happened to me. In my case, the repair shop told me the issue was part of a recall and it shouldn't be a problem to fix. Wait, wait, wait....they're waiting for confirmation on something....oh, it wasn't part of the recall after all. This was more than 2 MONTHS later. I had already bought another computer. The cost to fix it was ridiculous. I told them I'd pick it up.

 

At this point, I wasn't in a rush to pick up the useless thing, since I had another computer, so I didn't pick up right away. When I did go to pick it up, they remembered me, went to get my computer, and it's gone. WHAT? Oh, we must have left a message for you and you didn't respond :glare::glare:. Um, no, I talked to you several times regarding the recall issue and if you used the same number, you'd have gotten a hold of me. Sorry, the machine is gone.

 

I wonder if your machine is "gone" too? I didn't end up doing anything other than tell anyone I know to NEVER take their computer there. We live in small town. Word of mouth is worth a lot ;).

 

What is it with these guys? Several times during this ordeal he's claimed to have called or texted. Why do our pho es work for everyone else, but your "messages" never seem to actually get through? I have told people not to go there. Being a big city, though, I'm not sure it matters.

 

How long had you left it with him without attempting to claim it/check on it after he gave a last estimate? how many days/weeks/months with no follow up from you? if you were to try taking him to small claims you'd need specific time lines. (and that you had ill relatives etc would be deemed irrelevant by a judge.)

 

I agree with the pp, depending upon your state, it could be considered abandoned property and he would be within his rights to dispose of it, or even break it down for parts. eta: if that time time frame passed before you contacted him to pick it up- that time period would still be considered passed.

It was about 6 months. He said that he would get back with us at the end of January and then it was The beginning of August when I sent dh up there. I'm really not going to bother with small claims court. It's not worth the effort. Sigh. Ok. I get it. I should have picked it up sooner. If he said that he hadn't kept it, I wouldn't have been happy, but would have understood. But he's strung me along for 3 months!
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It sounds to me like you abandoned your computer for 7-8 months and expected him to hold it indefinitely in case you ever returned for it. I think the biggest thing he did wrong is not telling you up front that he doesn't hold on to abandoned property that long. There was fault on both sides; call it a wash and let it go.

 

 

:iagree: At this point, I would just let it go, too.

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