Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP Posting-Version: Notesfiles; site uiucuxc.UUCP Path: utzoo!watmath!clyde!burl!mgnetp!ihnp4!inuxc!pur-ee!uiucdcs!uiucuxc!german From: german@uiucuxc.UUCP Newsgroups: net.legal Subject: license to steal - (nf) Message-ID: <33100002@uiucuxc.UUCP> Date: Sat, 2-Jun-84 06:36:00 EDT Article-I.D.: uiucuxc.33100002 Posted: Sat Jun 2 06:36:00 1984 Date-Received: Wed, 6-Jun-84 04:58:40 EDT Lines: 33 Nf-ID: #N:uiucuxc:33100002:000:1753 Nf-From: uiucuxc!german Jun 2 05:36:00 1984 #N:uiucuxc:33100002:000:1753 uiucuxc!german Jun 2 05:36:00 1984 I recently had a bad time with the local Byte Shop computer store. I bought a system from them (DEC Pro/350) which was to include some software. (Pro/BASIC and Pro/Communication) They told me all the software was in the 6 book-like boxes of disks and documentation. After I got home I installed everything I had, but the two above mentioned software packages were missing. The Byte Shop said they must have lost them, and they were sorry, but they couldn't do any thing about it because they were in recievership and the bank had controll of all the assets. I talked with the president and he made no real effort to right what I considered a clear-cut case of defrauding me on the sale. I threatened to sue and he just gave me one of his best salesman smiles and said I would be one of just a couple of hundred. I figured he was counting on it being too much of a hassle for $400 worth of software, but I talked to my lawyer about it and he agreed I had a pretty much clear-cut case, BUT I would loose money on the deal! I could only sue them for the cost of the software and not my lawyer fees. The bankruptcy court is about 60 miles away and he envisioned having to make 3 trips there before it was all over and at $75/hr I was going to loose money on the deal. While I have the legal right to sue it is just not practical for me to do so. (I was told that I could start in small claims but the case would end up in bankruptcy court.) I think it is really unfair that the present bankruptcy laws give the bankrupt company in recievership a loop-hole they can use to rob the consumer of hundreds of dollars knowing we would loose money taking them to court. Has anyone else found away to deal with this? Greg German uiucdcs!uiucuxc!german