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So let's imagine that GlobalFrag gave this guy "his disks", and some time later Tom pays his bills, and then asks for his colocated hardware back, including the HDDs. What would GlobalFrag give him then? They must give him all the hardware he colocated under his account, including those 4 HDDs.
It's the same situation when someone rents a server, doesn't pay the bill and then the server is suspended. Then people go on forums screaming "bad datacenter doesn't give us our data back". The data center does not have the right to give you your data back, you are not their customer. Only their direct customer can resolve this.
Talking to Kazah in the event he refuses to release I'll buy replacements or pay direct
Did you know this going in or only find out after your drives were pinched?
grabs popcorn
So you can afford replacements but can't pay the bill?
Ok who's credit card did you steal? Mum or dads?
Well, due to your debts, it's hard to believe this.
I was too late.
I did nothing wrong. And I think the HDDs weren't installed because Tom is unable to pay for remote hands. They should still be brand new. So they are not "colocated".
Right, but the customer already has proof of shipping, signing, and the Amazon invoice that will have been included with the shipment. I get the concern if the customer is BS'ing, but if they can come up with all of that and Tom doesn't dispute when asked, then GF should take the highroad and hand it off.
It's a couple hundred bucks in drives most likely. If there's enough due on the account to cause GF to lock any sort of shipments to/from it as well as physical visits, then a couple hundred bucks isn't going to change the situation I don't think.
Francisco
^This.
If you've services under Tiny, GF is legally bound to tiny![:\](https://lowendtalk.com/resources/emoji/confused.png ":\")
I think what they're trying to do is save their backside from the hassle. I think you may need to contact a lawyer if Tiny lives in the same country as you are. He'll be grounded for a while then you'll get your Disks back.
That's why you should directly go with the DC if possible.![:\](https://lowendtalk.com/resources/emoji/confused.png ":\")
I feel your situation man. Try contacting Tiny and GF again and try to solve this with the help of Tiny.
If not, then @XIAOSpider97 may be in the unfortunate circumstance of being completely right and having the legal evidence, but not able to pursue because the cost of getting a judgment and enforcing it exceeds the cost of the dispute.
If @XIAOSpider97 has to go to court, we're months down the road...
If he's 16, he's not bound by any contract you have with him under English law, therefore it's just a matter of whether he will honour any agreement with you or not. All in all, seems like a moot thread... if he will, he will and if he won't... you have no recourse other than the likes of sullying his fine online reputation.
[insert diatribe about carefully choosing who you buy from, etc]
oh, you could probably try this approach with the upstream provider, since any agreement they have with him is also null and void. i imagine they won't budge, though.
I think it will be quite troublesome for @Xiaospider97 to initiate a court case or investigation, as he is from East Asia, while Tom is in Northern Europe. Then, GlobalFrag is in the USA.
However, this could be done with a lawyer representing the OP remotely, but will be a costly experience for a small amount of server hardware.
The HDDs doesn't worth the plane ticket. But if Globalfrag wants to steal these HDD, the world will know how bad they are. It worths to shame them if they really do this.
Unfortunately, nope. But in extreme situation I have the ability to do something to teach him a lesson.
Right
Personally, selling colocation is always a sketchy time. You get some person run up $5k in bandwidth overages that kicks your 95% up a ton and then they ditch on the bill because in reality, the couple shit boxes they sent you are only worth a couple hundred to replace at most, and it's simply easier to pull data and run.
Francisco
And imagine some time later Tom comes up with an invoice (real or fake), claiming that the OP sold the HDDs to him. What does GlobalFrag do then? Who are they to decide what to do with the HDDs and who to send them to? They have contract to Tom and they can only talk with Tom and noone else.
Anyone that is saying hire a lawyer is completely clueless on legal process here in the US. Please tell me how spending thousands on a lawyer to get $200 max in drives back, is worth it.
Es verdad: Si el trato se hizo con Tom, solo deberia hablar con Tom y solucionar ello
In that case, I would simply go 'nope, the account holder can figure this out, Im out'. My idea would just be for a case where both parties agree that the gear is that persons and they should get it released.
Francisco
from GFs point of view I guess it is hard to tell, to whom those drives really belong. they simply were shipped for their customer.
GF has no chance to tell, what is the relation between those two external persons...
maybe toms reputation was so bad (either with amazon) that he requested a friend to buy those drives for him (and gave him the money on whatever other way).
imho the situation would look very much alike, so I am not that surprised, they do use their right of lien.
Actually no, not in this case. The OP, and Tom, confirmed that the drives belong to the OP, it's just that GlobalFrag is trying to use them as leverage against Tom in hopes that OP will pressure him.
There's thankfully no dispute between them over ownership.
Francisco
OP you should have started by selling from dedicated servers and then scale up to colocation. I think you should bail out.
Edit: To add, colocation is an expensive business, and losing or waiting for $200 in equipment can be minuscule in what awaits you in the future. Do this once you have the revenue to afford losing/waiting.
Unfortunately anyone dealing with Tom will need to do so outside of LET now.
Interesting, his signature description matches the events that transpired around his new avatar.
It is my understanding that Tom is only in fact 15 Years old.
This whole situation sounds awfully familiar to how he first obtained his owned equipment.
To the OP: As far as GlobalFrag are concerned, Tom was the one who sent them the HDD's and they are now in his name at the DC. Unless you have proof that you sent the HDD's then I'm not too sure they will release them.
Thanks baby cakes!
When can I buy you a beer?
Oh this is what I've been missing there goes my $120 like the $100 that went to Nuggets no trusting these days...
for sure they both confirmed. they would even do so, if those drives belong to tom and he tried to get them back eventually...
I know that this doesn't look like such a made setup from within LET, following all those threads... but as GF after all I'd find it hard to see real proof about those whole tellings.
bad luck those drives were addressed to tom, as this is hard evidence unless there had been (proveable) communication between GF and XIAO and he was told to address them as he did.
If I were the one scammed by tom, I'd probably hurry and press charges against him at the local police (yes I know that this isn't a promising option in some countries though).
this at least would be something proveable to come up with and show, that there is no friendly relationship or fraudulent intentions.
Will he eventually be getting a 3rd chance, once he matures?
Will play it by ear... not particularly convinced that I made a wrong decision though
Intelligence and trusting the right people were never your strong suits.
If I remember correctly, Amazon puts a receipt in the package with the name of the person who paid and their billing address.
Oh c'mon, you have to tell us the details...