The case of the broken laptop

[Young Drachma]

I'm at work, it's late..and well, I wanted feedback on a particular situation.

Back in September, I bought a used laptop from a girl on the debate squad here. I paid her $350 for it. She told me it'd just gotten out of the shop and that all I needed to do was reinstall XP, which she had the copies of and it'd be good to go. She gave me the laptop, brought the software a few days later and I paid her for it at a meeting.

Well, that same night I tried to install XP. The first time, two CDs into it, it shut off. I did it again, and it shut off again. This was the drill for at least 4 times, all before I even left the building. She left early and so, I emailed her about it that night.

She told me to bring it to the next meeting and she'd take it back to the shop and that she wasn't trying to rip me off and that she thinks she had some sort of warranty on the maintanence or whatever.

She skipped that next meeting (still in September). So I left it for her in the debate squad room along with the software, figuring she'd be in there a lot sooner than I'd see her and that she'd get it to the shop and get it checked out.

She ignored my replies for about three weeks. When she finally got back to me, she acted as though I'd never told her the laptop was downstairs in the squad room. When I no longer saw it down there, I figured she'd come to get it. She avoided meetings for a while and was gone for tournaments too, so she wasn't around.

When she finally got back, she said the laptop was missing because she didn't have it and thought I did (despite my emails that she obviously got, since she'd written to me to say this..) and told me to bring it to the next meeting and we'd get it worked out.

Now, I was a pushover for a bit because she sent an email to the squad mail list and asked one of the other people and they told her that they'd seen it there and they even tried to use it, but that they didn't bother because it didn't work (confirming what I'd said...). The software was still in the squad room and she took that back.

So, the story is...I don't have a working (or even a broken) laptop or my money at this point. She said that it's partly my fault for leaving it in the squad room and even though that's slightly bogus, I'll buy that. In retrospect, I know that had I not left it there, she'd simply have avoided me for a month and tried to say that I broke the laptop and that it would've worked fine.

I realize I'm probably out the money and I was resigned to that weeks ago. But, I just don't feel like it's right that she did what she did, especially since I basically think that she was trying to rip me off from the start. It's my bad, I know, since I should've just held out and got the laptop I wanted for real rather than getting this one, but..I figured it'd get me through the semester.

So...I dunno. I wrote her an email just today that follows this one, but...I figured I'd post to see what folks think (if anything) that I ought to do about it.

[Young Drachma]

Here's the email I wrote her..
I don't find it acceptable that you decided to keep all my money from the laptop that is purportedly lost or missing. If it's my responsibility for leaving it downstairs in the squad room with your name on it, along with the software (that was still there and is currently in your possession), then it's no less your responsibility for ignoring the multiple emails I sent. Even if just to say, "Hey, I got your email and I'm just really busy." While that's done and gone, I still think that it's slightly fishy that no one has seen the laptop and that the software was left downstairs, but the laptop is missing. And it's not as though it worked, as someone even pointed out (not that I didn't) when you asked about it being downstairs. So, there is little doubt that it was indeed left downstairs in the squad room as I said I did way back in September.

So, while your probably satisfied with the outcome, since you have the money and don't care whether I have the laptop or not (and trust me, I would much rather have a working laptop, since that's what I paid for.), the situation needs to be worked out in a way that is at least fair for both of us. I've demurred to you up to this point, largely because I didn't want to deal with the frustration of all of it, but in hindsight the situation has been handled poorly and I don't think it's because I did anything wrong other than act in good faith, honestly and forthright with you from the start.

So, either we come to some sort of amicable solution (e.g. I get some of my money back or the mysterious case of the disappearing laptop is recovered and gets fixed, since I paid for a working laptop and it failed to work even before it left the building that day...) or I'll be prepared to deal with the matter in other ways, if necessary. Which seems ridiculous, but, I just don't feel like that you've acted in good faith towards me from the beginning and that it's about the principle at this point and little else.

[Raiders Army]

Thoughts:

#1: Why send her an email when she obviously doesn't read them (or ignores them)?

#2: If the $350 included a copy of XP, then you deserve the software. If not, then tough luck.

#3: If you have renter's insurance, you may be able to file a police report that it was stolen (not sure about the statute of limitations or whatever) and claim it on your insurance.

#4: Is she hot? pix pls k thx

[Young Drachma]

Thoughts:

#1: Why send her an email when she obviously doesn't read them (or ignores them)?

#2: If the $350 included a copy of XP, then you deserve the software. If not, then tough luck.

#3: If you have renter's insurance, you may be able to file a police report that it was stolen (not sure about the statute of limitations or whatever) and claim it on your insurance.

#4: Is she hot? pix pls k thx

1. True. She did start replying eventually. And I told her to call in the email. If not, I can find her next semester at some point early in the semester.

2. It did include the software and so, yeah, at worst, I'll make sure I get it from her.

3. Hmm..interesting. I didn't think of this. Thanks.

4. Meh. (http://cheapspeech.typepad.com/photos/debate/tonto.html)

[Raiders Army]

She looks very...wooden.

[Raiders Army]

Dola, I would call your insurance company and see if you can claim this.

[Young Drachma]

I'll go get the police report on the laptop, because I know I had it there. I didn't even think to do that. Personally, I think she has it or had someone "lose" it on purpose since it didn't work, so that she wouldn't have to give me any of my money back, since it was broken.

I played the whole thing sorta foolishly in retrospect, but..I didn't realize what/who I was dealing with. But I will get the software back, at least.

[Runtheball]

She's hot enough. Offer to drop the issue if she crawls in the sack with you!

But seriously, you left the laptop somewhere and it disappeared. Working or not, YOU lost your laptop. The way she handled her responsibility was unacceptable, but what can you expect her to do about it now? I think you're out of luck, and getting the software is all you can ask for at this point.

[Castlerock]

#3: If you have renter's insurance, you may be able to file a police report that it was stolen (not sure about the statute of limitations or whatever) and claim it on your insurance.
If you have renter's insurance, this advice may not apply (I don't know) but if you have Homeowners Insurance be very carefull about what you make claims for. If you file too many claims (and just one or two may be too many), the insurance company may decide to drop you. The general advice about submitting a claim is that had better be big.

And this is unlikely to exeed your deductable anyway.

[GrantDawg]

If you have renter's insurance, this advice may not apply (I don't know) but if you have Homeowners Insurance be very carefull about what you make claims for. If you file too many claims (and just one or two may be too many), the insurance company may decide to drop you. The general advice about submitting a claim is that had better be big.

And this is unlikely to exeed your deductable anyway.

There is a difference between the two and my think it is best explained this way. Renter's insurance is generally not required, so the insurance company gives more lee-way to try to keep you paying. Mortgages require homeowner's insurance, so they have you over a barrell. They'll use anything to try to raise your rates or get you into one of the more expensive "higher risk" plans because they know you must keep it. Sort of the same with car insurance.

[Hurst2112]

I guess the 'taking a shit on her desk and sticking a little flag in it' scenario is out of the question?

[Samdari]

There is a difference between the two and my think it is best explained this way. Renter's insurance is generally not required, so the insurance company gives more lee-way to try to keep you paying. Mortgages require homeowner's insurance, so they have you over a barrell. They'll use anything to try to raise your rates or get you into one of the more expensive "higher risk" plans because they know you must keep it. Sort of the same with car insurance.

Well, renter's insurance is technically a homeowner's policy with coverage only for household goods. Mortgage companies only require insurance on the dwelling itself. Getting coverage for household goods is just as optional as renter's insurance.

[Draft Dodger]

She's hot enough. Offer to drop the issue if she crawls in the sack with you!

But seriously, you left the laptop somewhere and it disappeared. Working or not, YOU lost your laptop. The way she handled her responsibility was unacceptable, but what can you expect her to do about it now? I think you're out of luck, and getting the software is all you can ask for at this point.

kind of what I think too, except I wouldn't hit it.

[Desnudo]

Once you left it in that room, you lost control of the situation. At this point, I'd chalk it up as a lesson learned and move on (without her as a friend).

Option two would be to break into her place and see if she has the computer.

[cuervo72]

Sounds like you need....

http://www.sff.net/people/K-Mac/images/TX539_Sobol_Encyclopedia.jpg

[Hurst2112]

Sounds like you need....

http://www.sff.net/people/K-Mac/images/TX539_Sobol_Encyclopedia.jpg


Is it just me or did most kids read about 10 fricken volumes of these books. I used to read the 'solved' section in the back first. Then it wasn't any fun.

[Samdari]

Option two would be to break into her place and see if she has the computer.

Bringing the "dump on her desk" option back into play.

[Hurst2112]

Bringing the "dump on her desk" option back into play.

yeah, but it's the perps option at that point. I wouldn't advise scheduling a break-in to coinside with a poop. Or the other way around.

[Swaggs]

I would say you made a very, very bad move by leaving it in that room and losing track of it.

With that said, it would be considered theft if someone took it from there, even if you left it. I once had an insurance claim where a lady left her loptop on the curb while she was unloading her car for work. She didn't realize it until awhile later, when she was getting ready at work and, since it was gone when she went back to check, it was considered theft and we paid.

[Desnudo]

yeah, but it's the perps option at that point. I wouldn't advise scheduling a break-in to coinside with a poop. Or the other way around.

Plus you are leaving DNA evidence.

[Hurst2112]

Plus you are leaving DNA evidence.

i think the issue at hand would be enough circumstantial evidence. she would probably figure out who dumped on her desk without sifting through turd DNA.

[Young Drachma]

Is it just me or did most kids read about 10 fricken volumes of these books. I used to read the 'solved' section in the back first. Then it wasn't any fun.

hahaha...yeah. I read a ton and I always read the solved section too. I also used to read ALL of the "choose your own adventure" adventures books. Like, I didn't choose an adventure until I knew all the options. :)

[Young Drachma]

Once you left it in that room, you lost control of the situation. At this point, I'd chalk it up as a lesson learned and move on (without her as a friend).



Yeah, I'd long assumed it was a lost cause. But getting the software makes sense, since I paid for it. I just wanted to see what folks said, was all.

[AZSpeechCoach]

This is why I avoided business deals with my teammates. Debaters can be some of the shadiest characters. IF they can't smoke it or sell it, then they don't care about it.

[st.cronin]

I doubt she swiped it, although she may know who did.

[Flasch186]

id say give her a copy of the bible next time you se her, OR you could give her a copy of the Q'uran and just wink. Then go about 3 weeks without shaving and bring a camera to her class and take her picture. That oughta do it.

[Young Drachma]

I doubt she swiped it, although she may know who did.

This seems more likely to me than anything else.