It's nice that you try to give legal advice all-be-it wrong and misleading.
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Originally posted by mptighe:
Will, at this point you should just show up with a tow truck and file a police report. Have the tow truck meet you outside of his property, call the cops and have them escort you onto his property to get your possessions. At least that way you have the car, or at the very least a report from the police saying he dienied you. He's not going to work on it, and possibly because of the attention he's gotten from it. He seems like a pretty spiteful person from the last conversation I had with him. I would start the proceedings the easy way, with a police report and witnesses to you trying to retrieve your car.
For some reason I kept thinking you were out of state, but your location shows DFW, so you can get your car and file a DTPA case against him. It allows you to sue for 3 times damages AND attorney's fees in TX. Basically you can get your $10k back plus the cost of the damages times three and add the lawyer's costs on top if you win. I'm sure that would be well over $50k. Yeah getting the money is harder but he has a lot of tools and parts you can put a lein on. Good luck
First, a DTPA can not be filed since the consumer has two years to file this claim after they are aware of the deceptive practices. It's outlined in the DTPA papers.
6. Limitations An action under DTPA must be commenced within two years after the date on which the false, misleading, or deceptive act or practice occurred or within two years after the consumer discovered or in the exercise of reasonable diligence should have discovered the occurrence of the false, misleading, or deceptive act or practice. Section 17.565 provides what is generally referred to as a “discovery rule” of limitations.
Second, courts will not place a lien on tools that are primary for someone's work/business. Strip a man of the tools that allow them to make money and nothing will get resolved, period.
I don't know why you insist on poking and prodding this topic. You apparently have your own personal vendetta against Loyde. It would probably be better if you placed all this anger and energy into going after the folks that screwed you over on your swap here in Houston.
People on this forum are aware of what's going on. Will, is proceeding with what he can to resolve the issue. I am sure Will will post when he has some news worth posting.
Your legal advice will just send people in bigger circles. Verify your sources prior to suggesting legal work or you may soon find you need an attorney to fix what you've done wrong.
For the record I own this page
[This message has been edited by IwannaIRM (edited 09-30-2010).]
Ok, I will not be chased into PM's. If you have something to say that pertains to this thread say it here. I have nothing to hide, I am not protecting anyone and I'm not into slinging mud behind closed doors.
So, in response to your PM mptighe:
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Original Response in PM by IwannaIRM There's nothing to take to PM's. Will's situation with Loyde is between Will and Loyde. You're not the internet savior to protect everyone. Everyone who has a vested interest in this wants to know what's going on but they aren't provoking they are just asking. So, let's see, vested interest would mean one who has monies or properties involved in this transaction. Hmm, you seem to have neither.
If you feel I am "correcting" you then maybe you should read the complete law/laws you quote first before arbitrarily posting what you feel is fact. I quote directly from the law and you call it theory. You ask your lawyer for his opinion on Will's situation but you don't do some research to confirm the validity of what he tells you? Hmmm, fail.
I won't address everything else in your post since it's irrelevant. As I see it, you are clearly stirring the pot. You had a falling out with Loyde, and others know it, so this is a personal issue for you to see him go out in a huge fireball.
As I stated clearly in the thread, "Will will post when appropriate action has been taken by either him or Loyde." The outcome is in their courts not yours.
Wow, you don't even have the decency of keeping your personal argument with me out of Will's thread but you accuse me of stirring the pot? My response to you is in the PM's where it belongs.
It's nice that you try to give legal advice all-be-it wrong and misleading.
First, a DTPA can not be filed since the consumer has two years to file this claim after they are aware of the deceptive practices. It's outlined in the DTPA papers.
6. Limitations An action under DTPA must be commenced within two years after the date on which the false, misleading, or deceptive act or practice occurred or within two years after the consumer discovered or in the exercise of reasonable diligence should have discovered the occurrence of the false, misleading, or deceptive act or practice. Section 17.565 provides what is generally referred to as a “discovery rule” of limitations.
Second, courts will not place a lien on tools that are primary for someone's work/business. Strip a man of the tools that allow them to make money and nothing will get resolved, period.
Placing a lien on a shops tools, building or business, does not mean that they cannot be used. When a lien is placed on an item or property, it means that if sold or liquidated, the lienholder gets their money first. In the case of a business, a lien can be placed on the business. It does not mean that the business cannot do work, Just that if the business liquidates, is sold, or files bankruptcy that the lienholder has legal claim to the money owed them.
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Originally posted by IwannaIRM: Your legal advice will just send people in bigger circles. Verify your sources prior to suggesting legal work or you may soon find you need an attorney to fix what you've done wrong.
As for giving legal advice on a public forum, Why would he need an attorney? You cannot sue someone who posts general legal advice that may or may not be incorrect.
Besides I would hope by now that Will has already contacted/hired an attorney and/or other authorities to resolve the issues. Hence why he may have been instructed not to post details of what is going on until the issues have been resolved. Hopefully we'll hear of a resolution soon. Last we heard, Lloyd was suppose to finish the car by August and Will's last post at the beginning of September states that the car isn't done and Lloyd was not responding to inquiries from Will.
[This message has been edited by Oreif (edited 10-01-2010).]
Ok, I will not be chased into PM's. If you have something to say that pertains to this thread say it here. I have nothing to hide, I am not protecting anyone and I'm not into slinging mud behind closed doors.
So, in response to your PM mptighe:
[QUOTE]Original Response in PM by IwannaIRM There's nothing to take to PM's. Will's situation with Loyde is between Will and Loyde. You're not the internet savior to protect everyone. Everyone who has a vested interest in this wants to know what's going on but they aren't provoking they are just asking. So, let's see, vested interest would mean one who has monies or properties involved in this transaction. Hmm, you seem to have neither.
If you feel I am "correcting" you then maybe you should read the complete law/laws you quote first before arbitrarily posting what you feel is fact. I quote directly from the law and you call it theory. You ask your lawyer for his opinion on Will's situation but you don't do some research to confirm the validity of what he tells you? Hmmm, fail.
I won't address everything else in your post since it's irrelevant. As I see it, you are clearly stirring the pot. You had a falling out with Loyde, and others know it, so this is a personal issue for you to see him go out in a huge fireball.
As I stated clearly in the thread, "Will will post when appropriate action has been taken by either him or Loyde." The outcome is in their courts not yours.
Well said!
[This message has been edited by 10speeder (edited 10-01-2010).]
Unless the supercharged is cast in silver, and has gold valve covers... It wouldnt be anything we havent seen before.... Nor worth the effort and money involved.
Originally posted by darkhorizon: Unless the supercharged is cast in silver, and has gold valve covers... It wouldnt be anything we havent seen before.... Nor worth the effort and money involved.
Supercharger? Was he planning on strapping a blower on top?
Unless the supercharged is cast in silver, and has gold valve covers... It wouldnt be anything we havent seen before.... Nor worth the effort and money involved.
First off, that would rule btw.
Secondly, This whole situation totally sucks, I've been on these forums for only about a year, but this is by far the most despicable situation I have encountered on here. I hope it all works out for you. I hope the everyone gets what they deserve.
i see he is still selling his overpriced low mount 3800 atl bracket on ebay...i guess i might not be overpriced if you actualy get it... i don't know i doubt i would attempt to do buisness with him....even with ebay protection...yea right.
I feel real bad for Will on this deal, but if one has title and registration in hand, regardless on whether there was a written agreement or not to do work on the car, why can one not report the car stolen and tell the police where it is located?
i see he is still selling his overpriced low mount 3800 atl bracket on ebay...i guess i might not be overpriced if you actualy get it... i don't know i doubt i would attempt to do buisness with him....even with ebay protection...yea right.
Take a look at his feedback and what items they were for. The vast majority were for him purchasing stuff & selling computer stuff. Last time I looked the only feedback from selling anything fiero or engine swap related was some of his blockoff/dress up plates... not a single feedback from the low mount alternator bracket or his LS(x) adapter plate.
[This message has been edited by fieroguru (edited 10-02-2010).]
I just read through this topic and I'm sorry you're having to go through this.
If, for now, you can't get your stuff back, at least write some reviews about his business.
A good site to do this on is www.ripoffreport.com. I'm sure he gets a lot, if not most of his business by people searching on the internet. If enough people post their experiences on that site, they will come up near, if not before his website rankings when people search for his name/website/3800 supercharged fieros on google.
I'm kind of amazed that this is still going on. Unless I am missing something, the car is in Will's name. It is HIS property. If it were my car, the fence would be kicked down, and the car would be removed and towed back to my house. At this point, if Loyde tried to claim damages to his fence, too bad. It is your car and is being held in limbo. I wish I were closer. That fence would be in pieces and you would have had your car back years ago. At this point, it would be easier to take your losses, get your car back, and have someone else do the work before the car is so damaged from rust that it is un-drivable.
madcurl, that's not nice. Are you withholding info or just posting pictures?
I found the picture from 2005? (in the Cho top Chronicles). At V8Archie's I arrived a week or so earlier before Will-Martin and since we had started numbering the chop tops Will-Martin wanted #019 so I obliged and took #020. Will wanted #019 because he had 19" wheels. It was our hope to attend the chop top reunion, but as you can see Will-Martin was robbed of that opportunity.
this is so sad, why can't a bunch of guys in texas go pick up the car at least. call the cops and have them meet you there. if he refuses to release the car, drive to the police station and sign criminal complaints against him for theft. i don;t know but theft by deception might be in order too,although i don't know how long you have to sign criminal complaints. its funny every now and then he (lloyd) would pop on this thread and make comments....not been here since back in june on page three. but he has time to run his ebay store. guess i won't be buying anything from him. Will, if you hear from him i would be suprised.
this is so sad, why can't a bunch of guys in texas go pick up the car at least. call the cops and have them meet you there. if he refuses to release the car, drive to the police station and sign criminal complaints against him for theft. i don;t know but theft by deception might be in order too,although i don't know how long you have to sign criminal complaints. its funny every now and then he (lloyd) would pop on this thread and make comments....not been here since back in june on page three. but he has time to run his ebay store. guess i won't be buying anything from him. Will, if you hear from him i would be suprised.
Careful IwannaIRM will chime in and say you have no idea what you're talking about and give his expert legal advice on how that's not a good idea. Other people have suggested something similar (me included), but from Will's lack of response, I assume he decided to deal with this in his own way.
this is so sad, why can't a bunch of guys in texas go pick up the car at least. call the cops and have them meet you there. if he refuses to release the car, drive to the police station and sign criminal complaints against him for theft. i don;t know but theft by deception might be in order too,although i don't know how long you have to sign criminal complaints. its funny every now and then he (lloyd) would pop on this thread and make comments....not been here since back in june on page three. but he has time to run his ebay store. guess i won't be buying anything from him. Will, if you hear from him i would be suprised.
The same reason you and others have that have suggested this havent...cause it is illegal.....If Will wanted his car back then he would have got it by now...If Will was as worried about his car as those on the Forum are then he would have his car by now. Do some people really believe the car is being held hostage and can not be picked up?
The same reason you and others have that have suggested this havent...cause it is illegal.....If Will wanted his car back then he would have got it by now...If Will was as worried about his car as those on the Forum are then he would have his car by now. Do some people really believe the car is being held hostage and can not be picked up?
Well, wait a second. According to Will he does want his car back and has been worried about it. I can say, with a degree of certainty, that Will ddn't want this to take this long, and he didn't want the work he already paid for to be destroyed through negligence. It's not illegal for WIll to go there and demand his property, especially if he involves the authorities and brings evidence. There's nothing illegal about that scenario. There are really only two outcomes...
1) Loyde gives them permission to get the car, and they take it. It would still be a civil matter to get his money back but he would have the car.
2) Loyde denies that it's Will's or claims that Will owes him money or something ridiculous like that, and says he can't take it which will make one of the following two things happen...
a. The authorities will not intervene, but Will can still have the authorities document that Loyde denied him access to his property, which can be used as evidence.
b. The authorities will side with Will after reviewing his evidence and tell Loyde he has to release the car or face charges there on the spot.
Yeah, Will obviously doesn't WANT to do this, or he would have done it by now, I definitely agree with you there. It is not illegal though to file a report and show the police that someone has your property and won't return it (if you are indeed trying to get it back).
[This message has been edited by mptighe (edited 10-13-2010).]
Originally posted by mptighe: Yeah, Will obviously doesn't WANT to do this, or he would have done it by now, I definitely agree with you there. It is not illegal though to file a report and show the police that someone has your property and won't return it (if you are indeed trying to get it back).
Why don't you all stop speculating on what you think Will does or does not want to do. He hasn't commented on this thread for a while now. And I'm sure he's already in the process of doing what he wants, to get his car and money back, either as car and money, or as finished product. When that does happen, I hope he lets us all know what the outcome is. But sitting here trying to say what he should or should not do, is pretty much useless at this point. But bumping for progress or saying it's a sucky situation is a completely different thing.
If you WANT to help the situation, don't act like you know what other people WANT to do. You were in a similar situation yourself, and you've gotten your car back, and it's getting done elsewhere, which is great. But please don't presume that you know what Will wants or is doing for his own situation, as you aren't him, and he, as far as I know and understand, has not granted you legal right to speak on his behalf in the matter.
Well, wait a second. According to Will he does want his car back and has been worried about it. I can say, with a degree of certainty, that Will ddn't want this to take this long, and he didn't want the work he already paid for to be destroyed through negligence. It's not illegal for WIll to go there and demand his property, especially if he involves the authorities and brings evidence. There's nothing illegal about that scenario. There are really only two outcomes...
1) Loyde gives them permission to get the car, and they take it. It would still be a civil matter to get his money back but he would have the car.
2) Loyde denies that it's Will's or claims that Will owes him money or something ridiculous like that, and says he can't take it which will make one of the following two things happen...
a. The authorities will not intervene, but Will can still have the authorities document that Loyde denied him access to his property, which can be used as evidence.
b. The authorities will side with Will after reviewing his evidence and tell Loyde he has to release the car or face charges there on the spot.
Yeah, Will obviously doesn't WANT to do this, or he would have done it by now, I definitely agree with you there. It is not illegal though to file a report and show the police that someone has your property and won't return it (if you are indeed trying to get it back).
Someone need to re-read this thread from the beginning.
Originally posted by dobey: Why don't you all stop speculating on what you think Will does or does not want to do.
But please don't presume that you know what Will wants or is doing for his own situation, as you aren't him, and he, AS FAR AS I KNOW AND UNDERSTAND, has not granted you legal right to speak on his behalf in the matter.
This is a forum, and people voice their opinions on it. I keyed in on a couple of important sentences from your post above and bolded a section to make my point. Speculation is speculation. All ANY of us have is speculation unless you've witnessed the events and/or have talked with Will and Loyde. Even then, unless you're typing while Will dictates to you, then you're just speculating. Basically are you the pot or kettle as you JUST speculated in that sentence there?
I don't claim to know what Will's thinking or feeling but having been in a somewhat similar situation, I can relate. I don't have to be an empath to say "I'm sure Will doesn't want to be in this situation". If you seriously think I'm overstepping by making that assumption, then I don't know what to tell you. I guess I didn't consider that WIll set this whole thing up, and wanted to punish himself by waiting to get his car for over five years, waste over $10k just on Loyde (not considering what he spent before), and make statements in his own thread that he wasn't getting satisfaction, only to have a new hobby or because he enjoyed it. I really should have taken that into consideration, you're right.
If you want to chastize, you should make sure you're not doing what you accuse everyone else of doing. Just because we elaborate more on what we think/feel should happen doesn't mean anyting. that's kind of what happens on a forum. Otherwise it sould be a lot of this
Originally posted by mptighe: Yeah, Will obviously doesn't WANT to do this, or he would have done it by now, I definitely agree with you there. It is not illegal though to file a report and show the police that someone has your property and won't return it (if you are indeed trying to get it back).
You clearly did not correctly read my post and bolding is done like I did with this quote again, to point out your fallacy here. The statement above reads as though you seem to know something we don't, and yet you have proofed nothing of it. Has Will directly stated to you that he doesn't want to forcibly via legal means, wish to retrieve his car from Lloyde. Has he granted you Power of Attorney on the matter at hand?
What as far as I know and understand means, is that you have not proofed otherwise. It is not speculation, but merely a statement of what I can see. But if you have a signed document granting you Power of Attorney, please show us. And if such power had been granted you, it would be very dumb to go about posting on the forum such comments as you've made, prior to any final resolution to the matter.
Had I left that very short phrase out, then yes, you would be right that I might be speculating.
You clearly did not correctly read my post and bolding is done like I did with this quote again, to point out your fallacy here. The statement above reads as though you seem to know something we don't, and yet you have proofed nothing of it. Has Will directly stated to you that he doesn't want to forcibly via legal means, wish to retrieve his car from Lloyde. Has he granted you Power of Attorney on the matter at hand?
What as far as I know and understand means, is that you have not proofed otherwise. It is not speculation, but merely a statement of what I can see. But if you have a signed document granting you Power of Attorney, please show us. And if such power had been granted you, it would be very dumb to go about posting on the forum such comments as you've made, prior to any final resolution to the matter.
Had I left that very short phrase out, then yes, you would be right that I might be speculating.
What is it that you feel I need to prove, that if Will had the desire to handle things the way that they were suggested, that he would have done it already? Doesn't that kind of go without saying? If he had said to himself "That was a good idea, I'm going to go ahead and do it", don't you think he would have done it? Even if he had said "That was a good idea, but I can't do it right now", then he's still making a decision that he DOESN'T WANT to do it immediately. The fact that he has not done it surely states that he did not WANT do do it, whether it be indefinitely or immediately. I don't understand why you felt the need to attempt to split hairs on something that was logically based? He didn't do it, for whatever reason, so obviously he chose not to, which means he didn't WANT to commit to that action if he made another choice that outweighed that decision. I suppose you would say I was wrong if I said you WANTED to just sit here and debate something needlessly?
Oh, and you WERE speculating, because you made a statement based on an assumption. You didn't ask a question, therefore it was a statement, and it assumed a premise, it didn't state a fact. Saying "as far as I know" doesn't mean it's not a speculation, actually it implies it. You didn't ask me for proof, you said I didn't have proof.
Other people have suggested something similar (me included), but from Will's lack of response, I assume he decided to deal with this in his own way.
