What is the name of your state (only U.S. law)? MN or IL
Ok..while I lived in IL, I sent my computer into a repair shop to be serviced. I was told the repairs would take a couple of days and there would be a 1 week turn around to get my computer back. After 3 weeks, my computer was finally repaired. I ended up moving to Minnesota before the service was completed and informed the repairman of this prior to him shipping the computer and gave him my new address. I promptly paid the service fee via PayPal when he sent the invoice. After a week my computer still hadn't arrived so I called the repair place and was told it should have been there, I asked him if he'd sent it to the right address, he realized that he had not. He then put out a claim with UPS to try to recover the laptop at my old address. After two weeks of not hearing anything from him, I contacted UPS and was told that they had not recovered it and they would not send a claim form to the shipper, since it was not their fault the package was lost.
OK.. I informed him of what UPS said. I pretty much told him that I was unhappy with the service I received since I was out $200 plus my computer was God knows where. He finally told me he would refund my service fee and give my $450 to help replace the computer I'd lost.
I agreed to that and went out and purchased a new computer. This was a week and half ago. Friday, he emailed me and told me to be on the lookout for the check for $450. Today he emails me and tells me that he somehow received my computer and he either wants the $450 check back and I can get my computer back or if I keep the check he wants to keep my computer plus $150 of the $200 service fee.
Here are some key facts:
He sent my computer to the wrong address after I'd given him the correct address.
I paid him in full for the service before I knew he sent it to the wrong address.
We both agreed that i would receive my service fee back and he would send me a check for $450 (my computers worth).
I need to know if I dont return the service fee and keep the check, will he have any legal recourse against me. I dont want to return the fee or the check because I already purchased a new computer and I need the money to pay for it. I no longer want the older computer.
I have all of our communications and can prove everything I've said.
Ok..while I lived in IL, I sent my computer into a repair shop to be serviced. I was told the repairs would take a couple of days and there would be a 1 week turn around to get my computer back. After 3 weeks, my computer was finally repaired. I ended up moving to Minnesota before the service was completed and informed the repairman of this prior to him shipping the computer and gave him my new address. I promptly paid the service fee via PayPal when he sent the invoice. After a week my computer still hadn't arrived so I called the repair place and was told it should have been there, I asked him if he'd sent it to the right address, he realized that he had not. He then put out a claim with UPS to try to recover the laptop at my old address. After two weeks of not hearing anything from him, I contacted UPS and was told that they had not recovered it and they would not send a claim form to the shipper, since it was not their fault the package was lost.
OK.. I informed him of what UPS said. I pretty much told him that I was unhappy with the service I received since I was out $200 plus my computer was God knows where. He finally told me he would refund my service fee and give my $450 to help replace the computer I'd lost.
I agreed to that and went out and purchased a new computer. This was a week and half ago. Friday, he emailed me and told me to be on the lookout for the check for $450. Today he emails me and tells me that he somehow received my computer and he either wants the $450 check back and I can get my computer back or if I keep the check he wants to keep my computer plus $150 of the $200 service fee.
Here are some key facts:
He sent my computer to the wrong address after I'd given him the correct address.
I paid him in full for the service before I knew he sent it to the wrong address.
We both agreed that i would receive my service fee back and he would send me a check for $450 (my computers worth).
I need to know if I dont return the service fee and keep the check, will he have any legal recourse against me. I dont want to return the fee or the check because I already purchased a new computer and I need the money to pay for it. I no longer want the older computer.
I have all of our communications and can prove everything I've said.