Well....
You are certain that you never told him it included Office2000.
He has NO proof that you made that claim.
To a judge... it might be easy to see where HE made the mistake.... in interpreting the Windows"2000" to be Office"2000", if he was not very computer literate.
If indeed he made a mistake in his understanding of what you were selling him, but you have emails/correspondence to him stating that you were selling him Windows2000.... (you should have a copy of your item if it was sold on egay)..... then I believe a judge would likely rule in your favor.
He may have mistakenly thought he was buying Office2000.... but that is not your fault or problem. Providing you were not misleading.... and you have some proof that you were selling him Windows2000. If you told him (and have proof to back it up)... that you were selling him Windows2000 ("Win2K"
.... I don't see where he could have a leg to stand on in court.
However.... there is the little problem(s) of him screwing with your life. How worried are you about that? Can you be expelled from your school? Keep in mind that you might have grounds for suing HIM if he slanders or defamates you!!!!
If you are worried about what he can do to make your life difficult.... then you should weigh that. You might be better off returning his money and reselling the Win2K to someone else. If he can really screw up your life (school, etc.)
Can you tell if he opened the box? If so... threaten to contact the proper authorities..... stating that software piracy is a serious crime.
Aledge that he opened the box to make a copy of your software.
I would have him ask his attorney to contact you in writing... as mentioned above.
This will either call his bluff.... or get him to send you a fraudulent letter (which can be used against him).
JMO.
You are certain that you never told him it included Office2000.
He has NO proof that you made that claim.
To a judge... it might be easy to see where HE made the mistake.... in interpreting the Windows"2000" to be Office"2000", if he was not very computer literate.
If indeed he made a mistake in his understanding of what you were selling him, but you have emails/correspondence to him stating that you were selling him Windows2000.... (you should have a copy of your item if it was sold on egay)..... then I believe a judge would likely rule in your favor.
He may have mistakenly thought he was buying Office2000.... but that is not your fault or problem. Providing you were not misleading.... and you have some proof that you were selling him Windows2000. If you told him (and have proof to back it up)... that you were selling him Windows2000 ("Win2K"
.... I don't see where he could have a leg to stand on in court.However.... there is the little problem(s) of him screwing with your life. How worried are you about that? Can you be expelled from your school? Keep in mind that you might have grounds for suing HIM if he slanders or defamates you!!!!
If you are worried about what he can do to make your life difficult.... then you should weigh that. You might be better off returning his money and reselling the Win2K to someone else. If he can really screw up your life (school, etc.)
Can you tell if he opened the box? If so... threaten to contact the proper authorities..... stating that software piracy is a serious crime.
Aledge that he opened the box to make a copy of your software.
I would have him ask his attorney to contact you in writing... as mentioned above.
This will either call his bluff.... or get him to send you a fraudulent letter (which can be used against him).
JMO.
I agree with Tripeshot, have his lawyer contact your lawyer. You can find out quick if he is BSing you or if he's for real.
If he does have a lawyer, send him the Windows 2000. Since he has the product and has no proof that he was suppose to get Office 2000 w/ it, then he has no case.
-Jimbo
If he does have a lawyer, send him the Windows 2000. Since he has the product and has no proof that he was suppose to get Office 2000 w/ it, then he has no case.
-Jimbo
Once again Flood....
As long as you did not state that claim in your correspondence with him. You need to be sure to look at all of your emails to him. DO NOT assume that he does not have all of his emails.... just because he said that he did not "keep them". He COULD obtain these emails and use them against you. You know what you sent him. Either you did... or you did not ever tell him that Office2000 was included.
If you never did. And you have copies of your correspondence to back up your claim... then you are fine. In my opinion (not an attorney).
Call his bluff. Ask him to have his attorney contact you in writing, or agree to take the Win2K back.
Let us know what happens.
As long as you did not state that claim in your correspondence with him. You need to be sure to look at all of your emails to him. DO NOT assume that he does not have all of his emails.... just because he said that he did not "keep them". He COULD obtain these emails and use them against you. You know what you sent him. Either you did... or you did not ever tell him that Office2000 was included.
If you never did. And you have copies of your correspondence to back up your claim... then you are fine. In my opinion (not an attorney).
Call his bluff. Ask him to have his attorney contact you in writing, or agree to take the Win2K back.
Let us know what happens.
did he open the box up? maybe he just wanted win2k all along and now wants his money. also here at texas a&m we have some sort of student run lawyers or something like that do you have something similar?
dam()
dam()
Just tell him that he should have read your emails thouroughly before concluding that office2000 came with it. Send Win2000 back to him (he did pay for it), and tell him that his people can call your people.
Well, at the very least, do you have all of your e-mails with him saved? If so, it wouldn't be very hard to prove that you've been saying it's only Windows 200 all along. It would be his story that has changed. He doesn't have any proof you said it included Office 2000, you have proof saying it was only Win2k.
And DON'T send him Win2K out of the blue. If he agrees to stop harassing you in exchange for sending Win2k back to him, then send it back. Obviously if he sent it back he doesn't just want Win2k, sending it back to him might not shut him up. If that's the case then he'll be harassing you still AND he'll have your copy of win2k.
And DON'T send him Win2K out of the blue. If he agrees to stop harassing you in exchange for sending Win2k back to him, then send it back. Obviously if he sent it back he doesn't just want Win2k, sending it back to him might not shut him up. If that's the case then he'll be harassing you still AND he'll have your copy of win2k.
No.. not CALL...
He could have any idiot do that and claim to be an attorney.. and you still will have not kept a good paper trail.
Tell him to have his attorney contact you in WRITING!
So that you can forward it on to your attorney.
He could have any idiot do that and claim to be an attorney.. and you still will have not kept a good paper trail.
Tell him to have his attorney contact you in WRITING!
So that you can forward it on to your attorney.
As atom said make sure you have ALL your emails with him saved, and backed up. This guy is probably just too proud to admit he mixed up win2000 with office2000.
You're fine I'd say as long as you never said he got Office2k. Do like tripleshot said and request a snail mail contact. Your university won't care, you're not conducting any business over your account, its personal like selling a cd to your friend. Send him the cd and make him sign for it or have documented refusal and be done with it.
kranky
Elite Member
- Oct 9, 1999
- 21,020
- 156
- 106
Since the guy obviously doesn't want the software, why send it back to him? Why not tell him you'll send him the money back, minus whatever shipping and handling fees you have incurred? Or if you know you couldn't sell the item today for the same amount, deduct for that also.
If the guy is only out a few bucks, maybe he'll shut up. I know you may not be legally obligated to refund the money, but what harm would it do?
If the guy is only out a few bucks, maybe he'll shut up. I know you may not be legally obligated to refund the money, but what harm would it do?
- Oct 17, 1999
- 4,213
- 0
- 76
I just got am email from hotmail:
"I appreciate your bringing this matter to our attention. I have closed the account you reported in accordance with the Hotmail Terms of Service (TOS). It is a strict violation of the TOS..."
after forwarding them my emails from him.
"I appreciate your bringing this matter to our attention. I have closed the account you reported in accordance with the Hotmail Terms of Service (TOS). It is a strict violation of the TOS..."
after forwarding them my emails from him.
Somewhere in America there is a REALLY pissed kid...who screwed himself out of his money AND his software! What an idiot. At the very least that dude could have turned around and resold it for what he paid for it.
He still has your email (probably) so it might not be over yet...unless he kept no record of your email address other than inside hotmail.
He still has your email (probably) so it might not be over yet...unless he kept no record of your email address other than inside hotmail.
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