Breach of Agreement?
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I met a guy in internet and order 10 set of handphones from him.
I gave him the cash and until then havent recieve any as he alway give excuses. When I ask for refund he done the same thing and I certain that he lying.
So I went to lodge a report at police station.
And they said they cannt do anything since its a "Breach of Agreement" case.
Am I going to hire a lawyer to handle this or let the matter rest??? -
Before you decide to enagage a lawyer and incur hefty legal fees, should consider the following :Originally posted by smallguy:I met a guy in internet and order 10 set of handphones from him.
I gave him the cash and until then havent recieve any as he alway give excuses. When I ask for refund he done the same thing and I certain that he lying.
So I went to lodge a report at police station.
And they said they cannt do anything since its a "Breach of Agreement" case.
Am I going to hire a lawyer to handle this or let the matter rest?
Availability of documentary proof that you have intention to buy the handphones from him that he has intention to sell them to you. i.e. any written or implied agreements. Agreements involved an offer made by one party and acceptance by the other and with consideration (involving benefit & detriment)
For a breach of agreement case to occur, the same must occur of either express and/or implied terms, or terms imposed by statute such as in your case the the Sales of Goods Act.
If the deal that you were going to make does not fall expressly or implicitly into the scope of the Sales of Goods Act, it is difiicult to take legal action based on 'Breach of Agreement' since you can't establish whther there was any agreement in the 1st place.
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the fact that u ordered 10 sets....means that it is not a consumer sales as u be selling to others for profit. thus....under non consumer sales. u cannot report cases. like aulf mentioned u need evidence of the purchase.
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Thks for the useful reply.
But this guy still calling me up after telling him I have make a police report.
And he didnt know about the "Breach of Agreetment" stuff.
So he agree to settle the payment by instalment without police involve.
I wonder if the black and white can be done by hand writting? -
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non-consumer case. case will not handle itOriginally posted by sgboy2004: -
What is important is that the intention of both parties to enter into a sales agreement must be shown i.e. one offer to sell the other accepts the offer and buys ... this can be in writing, verbally or other forms of communications. Sometimes it can also be shown by way of behaviour or action of the intending parties. The question is only how you can substantiate them ... which of course in writing and black & white wld be the easiest.Originally posted by smallguy:Thks for the useful reply.
But this guy still calling me up after telling him I have make a police report.
And he didnt know about the "Breach of Agreetment" stuff.
So he agree to settle the payment by instalment without police involve.
I wonder if the black and white can be done by hand writting?
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Well, I manage to get an agreement which state in black and white (hand writing) by monthly instalments.
So is this still act as sale agreement or IOU?
Cause this guy used up the refunds for his own personel need. -
thank you for your support, but pls understand what is the question posted and pls provide relavent solution rather then posting it without any reasonable grounds.... thank you...Originally posted by sgboy2004: -
wat is wrong with CASE?Originally posted by qazplm:thank you for your support, but pls understand what is the question posted and pls provide relavent solution rather then posting it without any reasonable grounds.... thank you...
u think mi joking... u think mi crapping?
mi might be an ignorance being... so wat... pple can go tat website and see if it helps them or not mah... so here question must be answer by the mod here only is it?
your reply to mi is ridiculors...
wat is "without any raasonable grounds"...pls be discreet wif your writing... u might be a police officer in real life... just correct us if u think u know all the answers, and dun use such wordings pls... no thank you
mi topid O level nia mah, haiz -
Looks like a case matter.. but it is still possible to make a police report too..
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poor sgboy...... must be offended alot of ppl..... izzit? heheeh..... you hor everywhere also wanna chup and post..... kaka.... =P but i thot i remember tat time my fren tell me CASE for consumer.... ehh.... something to do with shop providing business.... but i cant remember much... better go ask my fren... =)Originally posted by sgboy2004:wat is wrong with CASE?
u think mi joking... u think mi crapping?
mi might be an ignorance being... so wat... pple can go tat website and see if it helps them or not mah... so here question must be answer by the mod here only is it?
your reply to mi is ridiculors...
wat is "without any raasonable grounds"...pls be discreet wif your writing... u might be a police officer in real life... just correct us if u think u know all the answers, and dun use such wordings pls... no thank you
mi topid O level nia mah, haiz -
Sigh...
Anyone know a good I.O?
Even I have the black and white agreement of instalment, he fail to pay up the first payment.
Last time I report, the I.O advice to enage a lawyer.
But since I have the hand writing agreement, I hope the officers can help. -
i know alot of IOs and ex-IOs but it won't help u. u got to go back to look for the IO in charge of ur case....his/her name is written on the report that u made while in NPC/NPP.
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yah, u better check properly hor, else kena like crocoOriginally posted by anfuni:poor sgboy...... must be offended alot of ppl..... izzit? heheeh..... you hor everywhere also wanna chup and post..... kaka.... =P but i thot i remember tat time my fren tell me CASE for consumer.... ehh.... something to do with shop providing business.... but i cant remember much... better go ask my fren... =)
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Breach of Agreement is SIO case...hmmm... you just look at the top left corner there will put the SIO name. but most probably he already have met you for statement taking already right.. but this is more or less a civil suit anyway
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Do I know you? Are the 10 sets 6600 Nokia phones?Originally posted by smallguy:I met a guy in internet and order 10 set of handphones from him.
I gave him the cash and until then havent recieve any as he alway give excuses. When I ask for refund he done the same thing and I certain that he lying.
So I went to lodge a report at police station.
And they said they cannt do anything since its a "Breach of Agreement" case.
Am I going to hire a lawyer to handle this or let the matter rest? -
i tink tis guy purposely wana cheat ur money one...if realy canot get money back...treat tis as a lesson dn blieve someone so easily....
and always get gds first then pay....or dn pay full amt... tout tis kind usualy pay part of it first..one...if haven get gds..bt usualy tis kinda online transaction...hard to make that person responsible for it..does he have a website? heard of ir cops?
someting like internet cops..lidat...
anyway u shld aso make a copy of his ic....plus his siggy and wat he agreed in formal black n white...
he no money pay ask him pawn his stuff lar..or u go pawn for him...bt hor u buy till 10 sets of hp is obvious tat u tryin to make a profit out of it..and u aso bo license sell leh........ -
read up on contract law?
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Well, he has pay his first payment.
So I think this thread is closed.
Thks for helping and reply. -
1. Is there a written agreement?
YES = Breach of Trust aka C.B.T.
NO = Cheating.
2. Whichever the ACT is, make sure you have the other party's particulars,
date of transactions, stipulated cash amount & stipulated number of goods
units before stepping into the police station. Otherwise, they'll tell you go
find out the details first.
3. Alternatively, you can seek a lawyer and head to Small Claims Tribunal and
fight it out in there. Provided you can get the other party to go along.
4. Irrationally, you may also get a few of us friends and beat the living
daylights out of his brains. (NOT ADVISABLE)
That's all I have. Good luck. -
What do you mean "can't do anything" ..? Get dat twerp's service number and report him..Originally posted by smallguy:I met a guy in internet and order 10 set of handphones from him.
I gave him the cash and until then havent recieve any as he alway give excuses. When I ask for refund he done the same thing and I certain that he lying.
So I went to lodge a report at police station.
And they said they cannt do anything since its a "Breach of Agreement" case.
Am I going to hire a lawyer to handle this or let the matter rest??? -
Sometimes I get the feeling that our fellow officers either arent very good in telling the public when a case has little chance of seeing definite results as opposed to "can't do anything," or the public generally cannot understand police English.
Anyhow, lets see how things go. Seems like telling him that a police report has been made has already worked? Reminds me of how I myself lost about $800 to some fellow claiming to be from Ukraine from an auction site transaction, which I know was next to impossible to trace. -
we cant tell them we can solve it...so just say we are investigating..then after one or two mths tell them cannot find suspect and close the caseOriginally posted by huaiwei:Sometimes I get the feeling that our fellow officers either arent very good in telling the public when a case has little chance of seeing definite results as opposed to "can't do anything," or the public generally cannot understand police English.
Anyhow, lets see how things go. Seems like telling him that a police report has been made has already worked? Reminds me of how I myself lost about $800 to some fellow claiming to be from Ukraine from an auction site transaction, which I know was next to impossible to trace. -
I believe the officer are not trained to handle such cases.... Its true that breach of agreement is a civil suit.... but by telling the member of public that there is nothing we can do, does reflect a very bad image on us....Originally posted by larry_longwei:What do you mean "can't do anything" ..? Get dat twerp's service number and report him..
civil suit usually required a official report(NP 299) and to be forwarded to the lawyer(you decide to engage) for further actions.... there is a Investigator name on the top left or below left hand side of the report which is the in charge case...
some division will be SIO as in charge and some AIO.... so we shall not commit ourselves here regarding which AIO/IO/SIO will be the in charge case..