Just got shorted on wood delivery!

mwatt65 said:

I left a voicemail with weights and measures, curious to see if they get back to me! The sellers name is Brian (973-876-2615) he does not list the name of his company
on the craigslist advertisement!
Be warned to stay away or know what you are in for!

Thank you for all the help.

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Did you contact the seller and politely ask for them to make it right? I would always start there.

My rule of thumb when I purchased wood before I cut my own was I always agree to a price when they show up and see what they have. I pull out the calculator and a sheet showing how a cord is calculated and agree to a price on that basis. I sent two unhappy sellers home after we couldn't agree what they had was not a full honest cord or fraction of a cord. One guy even wanted me to pay his gas and I flat out told him no. You can be firm with sellers without being a jerk about it.

Firemountain said:

Make a police report for theft of services and indicate in the report that you will follow up with contacting the NJ weights and measures, the BBB, and consumer affairs. Then send a copy of the report (redact you personal information) to the company and indicate that if you do not receive the balance of your wood, you will in fact move forward and contact the appropriate agencies.

This might be enough to get what you paid for without trying to get an attorney involved ( if you want to even go that far). The upside is you may get the refs of your wood.....the downside is that you may not be able to use him again for a wood source due to pissing him off.

Just some food for thought.

Dom

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Why would he even consider using this guy again, even if he gets the rest of his wood I wouldn't give this guy the time of day. There's plenty of honest wood guys out there, no need to have to rely on one seller.

TMonter said:

You can be firm with sellers without being a jerk about it.

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Sure, but that doesn't make for as good a story back at Hearth.com

Andrewj said:

what does "not for nothing" mean? Just don't understand that. Thanks!

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Not for nothing

I'd call weights and measures & see if they will come out to verify you were shorted, then I'd go down to the courthouse and file a small claims court case. There is a filing fee, but if you win you can add that to the damages he has to pay. Take pictures, measurements and document everything. Your case will most likely be heard by a judge, not a jury so be ready to prove your case.

Small claims is not a big deal so don't be intimidated. You do not need a lawyer, you file, then subpoenas are issued for you and the accused. You show up in court, plead your case, then the accused gives his defense & the judge rules. If he loses & does not pay there are legal ways to go after him.

My wife owns her own real estate company here. A client stiffed her on a commission($3K) & even said in an email to her he was not going to pay it. He was a well known businessman in town. She filed a small claims case & when we got to court, the judge had to disclose that she and her family were personal friends of the defendant & offered to recuse herself off the case. We decided to stick and have her hear the case anyway...we won & the scumbag paid in full plus the filing fee.

FWIW, I attempted both the Weights and Measures and the Small Claims avenues when I got badly cheated on my first wood purchase, and neither helped a bit. Weights and Measures sent my complaint information to the wrong county office, which ignored it for months until it was too late to do anything about it. Small Claims failed to deliver the summons to the defendant so the hearing never even happened. I even paid an extra fee for the sheriff to deliver the summons, and he failed too. The officials involved in all offices were sympathetic but absolutely unhelpful; it was a waste of time and money, and the same firewood vendor is still placing the same CL ads.

Jon1270 said:

FWIW, I attempted both the Weights and Measures and the Small Claims avenues when I got badly cheated on my first wood purchase, and neither helped a bit. Weights and Measures sent my complaint information to the wrong county office, which ignored it for months until it was too late to do anything about it. Small Claims failed to deliver the summons to the defendant so the hearing never even happened. I even paid an extra fee for the sheriff to deliver the summons, and he failed too. The officials involved in all offices were sympathetic but absolutely unhelpful; it was a waste of time and money, and the same firewood vendor is still placing the same CL ads.

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Amazing how incompetent gov't can be.

Jon1270 said:

FWIW, I attempted both the Weights and Measures and the Small Claims avenues when I got badly cheated on my first wood purchase, and neither helped a bit. Weights and Measures sent my complaint information to the wrong county office, which ignored it for months until it was too late to do anything about it. Small Claims failed to deliver the summons to the defendant so the hearing never even happened. I even paid an extra fee for the sheriff to deliver the summons, and he failed too. The officials involved in all offices were sympathetic but absolutely unhelpful; it was a waste of time and money, and the same firewood vendor is still placing the same CL ads.

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I find this disappointing but not surprising. Considering all we've allowed (or insisted) that government do for us it's little wonder that they no longer bother with such foundational duties like enforcing private contracts.

gzecc said:

Amazing how incompetent gov't can be.

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Setting aside their error of sending my file to the wrong county, I have some sympathy for the Weights and Measures people. Dishonest firewood sellers are so common that it's hard to imagine enforcement ever being better than spotty. But the impotence of the Small Claims system was really disappointing.

I'm not one who believes this sort of incompetence is the natural and inevitable state of government enterprises. There are things that only the government can do, and things that the government is in a better position to do than anyone else. Given the choice, though, I'd rather government did fewer things really well, than many things badly.

I agree Jon, sorry it didn't work for you but I still think the OP should give it a try. I won a small claims suit back in the early 80's for $5K...never saw any money so that one was an exercise in frustration.

It's a shame it has to get to this, the moral of the story for all of us here that buys wood, is to make sure when we make an agreement by phone or by going down to the place, we ask that they deliver what you just agreed upon, if not then we let them know that we will be vigilant like that guy that traded some stacks of quarters from the bank and put them in a black sock if we don't get what we pay for.....if we pay for a cord, we should get a cord, that's all...

To the op...post an ad on craigslist in firewood about that guy..his name..number and how he cheated you..and for people to avoid him...maybe at least you can help someone else out.....

8686 said:

"not for nothing" is another way of saying "Regardless", or "All things considered".

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Andrew won't understand this until you work "y'all" into your definition.

I think it's probably similar to his, "that dog won't hunt."

splitoak said:

To the op...post an ad on craigslist in firewood about that guy..his name..number and how he cheated you..and for people to avoid him...maybe at least you can help someone else out.....

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Then open yourself up to slander and/or retaliation? I'm not saying I wouldn't be peeved to, but you'd really go to this over a few hundred bucks?

Lots of overzealous vigilante types here. Call Weights and Measures, leave it at that. A simple call or visit from them will be enough to set things right, and usually curb future similar behavior from any semi-intelligent seller. No need for the IRS or police reports.

Joful said:

Andrew won't understand this until you work "y'all" into your definition.

I think it's probably similar to his, "that dog won't hunt."


Then open yourself up to slander and/or retaliation? I'm not saying I wouldn't be peeved to, but you'd really go to this over a few hundred bucks?

Lots of overzealous vigilante types here. Call Weights and Measures, leave it at that. A simple call or visit from them will be enough to set things right, and usually curb future similar behavior from any semi-intelligent seller. No need for the IRS or police reports.

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No vigilantes here, we are use to going to buy something at the store and if we don't like it, we return it, this is a totally different experience where we as consumers face chances of fraud from the seller, that's all. You get what you pay for doesn't always apply and that's what we are talking about....

Joful said:

Andrew won't understand this until you work "y'all" into your definition.

I think it's probably similar to his, "that dog won't hunt."

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BrotherBart said:

Closer to "Trying to piss up rope.".

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I've come to expect better from you guys .

What the gentleman is trying to convey is: Sir, you needn't take my advice but I will offer it anyway and after due consideration you may judge the merits of it's wisdom, or lack thereof and then proceed as you see fit.

Since when did the truth become "slander"? ...that guy is a cheat and a theif..and he needs to be called out on it..but i digress..ive never been one to hold my tongue.......oh..and its not about the money...its about the principles...

splitoak said:

Since when did the truth become "slander"? ...that guy is a cheat and a theif..and he needs to be called out on it..but i digress..ive never been one to hold my tongue.......oh..and its not about the money...its about the principles...

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I agree totally. In construction the issue usually is black and white, but you have to stick to your principles or people run all over you if you don't. In the end there is usually give and take and someone gets screwed.

splitoak said:

Since when did the truth become "slander"? ...

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It's not truth until it's proven in a court of law. Running your own ad with the aim of disrupting this guy's business will put you at liability for slander. It's your word against his, until proven otherwise. Not saying what's right, just what's legal.

Pennsyltucky Chris said:

Call the proper authorities.Show them the texts. See if you can get him to admit beating you.

I'm sure he'll be willing to give you 3 cords on the house after that.

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+1

Caveat Emptor - you should not have paid him if you were not sure of your purchase. The last delivery I took I told the seller I was going to test his wood for moisture before he dumped. He had it all stacked in the truck which made calculating the load size easy. The wood tested good ~ 17%. He welcomed the testing and made sure I was ok with the wood before he dumped it.

For the sake of accuracy, slander is spoken word, libel is in print.

In dealing with unscrupulous Craigslist sellers, I like to help them along by placing ads for them.

"Special Today! Free half-cord of firewood with every cord purchased", with his phone number.
"Free 32 inch LCD TV to first caller"

You get the idea. Be creative. It's lots more fun than calling weights and measures.

jatoxico said:

I've come to expect better from you guys .

What the gentleman is trying to convey is: Sir, you needn't take my advice but I will offer it anyway and after due consideration you may judge the merits of it's wisdom, or lack thereof and then proceed as you see fit.

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Fahgettaboudit

weatherguy said:

Fahgettaboudit

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Yo! where'd ju park the IROC?