Good or Bad.. need your help please.

[Morelans]

First off.. DONT BE SHY - I have read the posts about naming a morph lately and I know most here - and there- are not shy and have STRONG opinions.. so dont be on this reply either. Put yourself IN this situation and tell me what you expect- not what you think is right etc... what YOU EXPECT.

As of now.. all hypothetical.

Suppose you will do a breeding loan with someone you know and trust.

You both put the info into a contract.. both sign and agree to all terms including the price of both animals in case something should happen.

YOU send off your animal to the other party in the project- and the pair is put together.

Somehow an accident happens and YOUR animal is killed while in with the other animal. The other animal is fine.. and alive.

The contract clearly states the value of the deceased animal and says MONEY is the payment expected or an animal both parties agree on of equal or greater value can be traded.

Note: a date of WHEN payment would be due if something happens is NOT in the contract, just that there IS an agreed upon amount due.

A payment date was not put in as I didnt think I had to worry about either the animal being killed or someone I trusted not following through with their end or stalling me until I either forget about it or die of old age. Still hypothetical remember.

On another note.. this person who now owes you.. and agreed to the terms before signing.. HAS animals they could either sell or trade to for payment.

You ask them how they would like to repay, or what animal they would like to send for payment and they reply with ALL of the following:

We are not in a position to release any of our animals at this time..

We have no animals we want to part with

We need to keep our animals, as they are our breeders

You Reply :.Ok, keep your animals, how about you just send cash instead as the contract stated either Cash or trade of an equal valued animal we both agree on.

They reply.. We have NO money Nor animals we can part with at this time. We WILL repay you, but as of now I have no idea how or when.

You try to wait it out... thinking something will happen soon because they have animals they can sell, or they can trade one, or they can send me one, or they can send me some money each month to show something is going on .. right? They can at least CALL me to update me.. but NO.. you are left to sit and you hear nothing and get nothing. Total time since initial problem - 10 weeks.

You reply with what?

You expect what?

They should do what?

I am very anxious to see what your replies are…… don’t hold back. Still Hypothetical....

Thanks
Shawn Morelan
www.Southernboids.com

[Junkyard]

Why is the posted here on the BOI?

Did you have a breeding loan go sour?

[Mike Greathouse]

Shawn,
Hypothetically speaking - this person has demonstrated that they are no longer deserving of the trust that you placed with them. It has now transcended the boundaries of friendship and moved squarely into a business dealing.

The contract clearly states what the other person must do. Although no time limit was specified, common sense would dictate that 10 weeks has been sufficient.

If the other person is unwilling to uphold the contract, legal action may be necessary.

Prior to that type of solution, perhaps, together, the two parties involved could resolve the situation in another way.

Since the other party seems unwilling to part with their animals and is not in a position to cover the cost of the deceased animal monetarily, perhaps another solution would work.

Would the other party be open to providing you with an animal of appropriate value as collateral until such a time as the cash is available?

An amendment to the contract could be drawn up that states the animal is still the property of the first party, but will be maintained by the second party until financial remuneration is available. Of course, I would also suggest that there be a contingency clause in the event something happens to this animal.

The first goal should be to reopen the lines of communication. An offer like this might accomplish that. If it doesn't, then you have little recourse but to pursue this legally.

[Lucille]

First off.. DONT BE SHY - I have read the posts about naming a morph lately and I know most here - and there- are not shy and have STRONG opinions.. so dont be on this reply either. Put yourself IN this situation and tell me what you expect- not what you think is right etc... what YOU EXPECT.

www.Southernboids.com

I expect that when something like this happens, the BOI is the place to come. Here, a section from the BOI rules:


This will need to be in a format that will allow a reader to quickly find what they are looking for. Topic lines should display the name of the person or business that the message is concerning. Please make it easier on the readers by letting them know whom or what your message is about without having to open it to find out.


If this happened to you, I think the purpose of the BOI would be better served by naming names so that the rest of us might avoid a similar situation.

I would think in general that if the agreement was that you would receive an equal value animal or money compensation if your animal died, and that is not happening, and there is not even an offer to pay a little money out at a time,
that this party is not acting in good faith.

But there is a lot missing here: the actual substance of the agreement that both of you made is not posted and is a crucial factor in deciding exactly what the expectations should be here.

[Morelans]

I agree I should put the names in the header..BUT I am asking if I am out of line with what I expect so I do not start a fight on the BOI which 98% of posts end up as.

No reason to start a big brawl if everyone else says.. Shawn.. you need to give him/her more time.. you need this or that...

This is MY money so I am in a hurry to get it back... and sometimes I tend to act too strongly or too quickly so I was seeking others input.

I do not want a long drawn out fight that gets us no one anywhere but mad.. and then I am still out.

If the concensus is the same as I am thinking.. then I DO have a problem and I will post ALL details, the contract.. the signed page.. etc.

Until then I feel it best for me to keep this hypothetical to see again if I am just mad and expecting too much or am I getting the short end of the deal.

Thanks and keep giving me your opinions.

[Scott Ashton]

In its present form this thread seems better suited for the General Business Forum or the Trade/Audit Forum.

[WebSlave]

I agree I should put the names in the header..BUT I am asking if I am out of line with what I expect so I do not start a fight on the BOI which 98% of posts end up as.



No "buts" about it. That's the rules on the BOI. As such, your thread has been moved to the General Business Discussions forum. When you become inclined to "name names", you can then post a new thread on the BOI as is appropriate.

[reptilebreeder]

You are owed money. Now. Period. This should be on the BOI. With names named. No offense, but this "I don't want to start a fight" stuff, is not right. First, the facts of this "case" are suspicious, IE. your snake died, but not the other. Plus their replies are full of garbage. When someone owes somone money, the priority is them being paid back. Period. Not "I don't want to part with any animals" boo-hoo. If they can't come up with the money, or part with animals they have no business being in this or any business. So the BOI can possibly help you in this situation. The second reason is the BOI is here to warn other people about the idiots out there who do this kind of stuff. I can understand if something happens, that is why there is the saying s:censored: happens, but it is their bogus answers and hemhawing (?) that warrant a post. So rather than keeping this to yourself, and hoping to get a resolution "anonomously" do the right thing and let "us" help figure it out as well as let us in on who is behaving this way.

[The BoidSmith]

You try to wait it out... thinking something will happen soon because they have animals they can sell, or they can trade one, or they can send me one, or they can send me some money each month to show something is going on .. right?

This is just my opinion but if I were you I wouldn't accept one dime short of what is owed to you, either in cash and/or animals. If you do you can be paid in $10 monthly installments until settling the outstanding debt, and by doing so they will be showing the willingness to repay. It's a joke but sadly it's the way it works.

JMO