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  #1 ()
meslefectra : I sold a I phone 3gs in June for 250 dollars and the guy wrote me a letter saying that the model was actually a 3g and that he is claiming 295 dollars for the hone and additional repairs. This was off Kijiji, does he have no proof technicallly and cant do it or what? btw im 17 in Toronto Canada

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  #2 ()
aperReeri :
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  #3 ()
jinlin8899 : I don't think he has much of a case
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  #4 ()
ik9q8o842j : Let's assume that he can prove that you advertised it as a 3gs, that it's actually a 3g, and that a 3gs is qualitatively better or different than 3g.

That'd still be tough. You probably posted a photo of the phone, described it as a 3gs, and he bought it on that basis. If he'd come back to you promptly and insisted that he didn't accept the phone as you provided it, then that might be different...

...but after the passing of months, after he's put other money into the phone, it's hard for him to say that he didn't accept delivery of the phone, meaning that the deal is 'closed', which changes the available remedies.

It becomes a misrepresentation case, and in Canada unless he can show that the misrepresentation was fraudulent, he's going to have to establish that the misrepresentation was negligent on your part and that, but for the misrepresentation, he would not have entered into the contract into the first place.

Even then, proving that he would be entitled to more than what he paid would be another fairly high test.

Plus there's the equitable question of what benefit he's gotten out of it. If he got a full refund now, then he's had a phone for several months for which he's paid nothing.

If it were me, I'd tell him to go away. Even if he has a case, there are a number of important facts that would likely prevent him from pursuing it:

(A) The filing fee for a claim at Small Claims Court is $75. (Filing a defence costs $40...the winner gets to recover filing fees from the loser, but it's a gamble. For a plaintiff with a nickel and dime claim, it's often throwing good money after bad.)

(B) The claim is both chincy and uncertain...the difference in value between a used 3g and 3gs is not that big, so when it comes right down to it pursuing court proceedings to undo that contract is simply not worth it.

(C) This may not prevent him from pursuing it up front, but it makes it a bad idea: Small Claims Court judges are "deputy judges", full time lawyers, usually old ones, with busy practices. Most old lawyers are technophobes: A smartphone is a smartphone. Come in arguing about the difference between 3g and 3gs, and it'll go right over the deputy judge's head. In the absence of expert evidence explaining the difference between the product provided and the product promised...well, suffice it to say that many Small Claims have been defeated by a lack of expert evidence.
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  #5 ()
Kenoquaweenceei : Ok please help me out guys I'm so worried about my mam/mum/mom (wherever you're from). We live in Sunderland in the UK and she has been travelling down to places like Birmingham and even places near London that take up to 4 hours to drive to do her job once she gets there. She wakes up earlier than 5 o'clock in the morning to set out to go to work when she has to travel. She never sleeps during the night EVER because of work constantly being on her mind. She looks so so tired and the rare nights she does come home, she barely has the energy to talk and she is always falling asleep on the sofa. I never see her, it really upsets me to see her working so hard when she can JUST about pay the bills. She's working for nothing, any spare cash she has she puts it towards grocery shopping. She never gets the chance to buy things for herself.

Things are really bad and busy at work at the moment and tonight she said something that worried me. She said "if I wasn't going on holiday next week I really would go mental" and she really meant it! I know when she's being serious. I'm so scared incase she makes herself ill and is eventually diagnosed with depression or something like that. I want my old mam back! I really don't know what to do. Any advice guys? Thank you!
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  #6 ()
Ererryhew : Pray for your mother and trust that God will help her find a different job or get more rest or whatever she needs. I'm praying for you kk?
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  #7 ()
Blealperb : I have a 4th generation iPod Touch. The 'Other' space is taking up quite a bit of my memory so I wanted to restore my iPod. But, I currently have a bill on said iPod. So, if I restore it will I still have my apps? If not, is there another way I can slim down the amount of space that "Other" takes?
If you have a bill, you can't download things. It doesn't matter if it's free or not.
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  #8 ()
songfeng202 : When you download apps they are stored in icloud so when you restore your apps and music will be gone but you win't have to pay for them again just redownload them
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  #9 ()
Rermcrymn : In Az I bought. a gun from a guy who was ex army and. Swat team officer. The gun got sold around to my friends boss. Now he is asking for the bill of sale to that swat guy. I'm due to go on to my duty station here soon as I am active army. Would the stolen gun fall on me in any way if I gave up that bill of sale??
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  #10 ()
Cleascacy : I'm confused. Are you stating that the gun was originally a stolen item? If so, if you knowingly took on a stolen gun, yes you are liable to it.

Now if you mean you sold it to someone who in turn had it stolen, then no, you are not liable for it at all. The government doesn't keep track of private sale and the police probably just want to trace back on who owns the gun if it was used in a crime. Otherwise, no you don't need to produce a bill of sale because it's private purchase. If you went through a FFL then tell him to go to the FFL who has a record that the gun was sold and checked if he wants proof.
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