Sam B

I really like this: «You need to get yourself onto the moral and legal high ground and put him on the backfoot.» But that's too late now and at the time I wanted to avoid going to court. And I would have had to sue him, because he didn't accept any of my offers.

I would love to do that! Unfortunately, this is not possible because the installer insists that I have to pay all his legal fees and other financing that he has not yet carried out. I asked him many times to give information about the missing warranty, which is a part of the contract. But he will not.

(see full story: https://aseannow.com/topic/1337583-can-the-asean-now-community-mediate-your-input-is-needed/ ) The installer finally responded to our letters, albeit in quite a colorful manner: Dealing with the problem of criminalizing a fellow expat? He accused us of making false allegations and seems unable to distinguish between a private exchange of opinions and criminal lawsuit accusations. His terms for a clarification meeting and a fair solution? A tête-à-tête at his lawyer's office. As for resolving the issue, his "constructive" solution boils down to us paying all alleged debts and any legal fees incurred or expected. His opinion about community support? We informed him beforehand about our intention to seek community support, asking if he was on board with it as we did not want to escalate the situation. He just laughed it off in his response, saying, "They'll die laughing!" Here's a short summary what we answered him to this, aiming de-escalation: We pointed out that, as mentioned in his letter, he wasn't directly dealing with the lawyer. Which might mean he's not fully informed about the situation. We respected his right to fight for what he believes is his, but pointed out that civil court, not criminal court, is where these matters, if at all in court, has to be handled. Fellow Expats, it has already been a lively and helpful discussion, thanks! I really appreciate all further comments and ideas.

Interesting. I will inform myself.

It's stories like this that teach you to fear. And I feel sorry for anyone who experiences something like this through no fault of their own. Thank you for sharing. I really hope that I can still stop this somehow. Fortunately, I don't have a prosecuter involved. It's a private complaint, so without a public prosecutor.

The installation was not finished, other problems have also emerged and the 5-year warranty on the expensive devices has expired due to non-compliance with the whitelist. But somehow it's not about that - it would have to be settled in civil court. But he's taking me to criminal court.

He's already sued me! The lawsuit has been filed. But the fire for the mission is already smoldering. Thanks.

Did already!

It is not up to me to decide whether the process continues! I want to stop it immediately and have even agreed to pay much more than is fair. Just to stop him.

The company! And in fact, I never noticed that he was never on site again. I only knew from the workers that he did an hour-long briefing every morning. And it's clear from several line messages that he makes the important decisions (including technical ones).

That sounds like it would be worth investigating further. It is really very noticeable how much he prevents himself from appearing officially anywhere in everyday life. And as I was told, it is legally no problem to pretend to be a General Manager online.

I don't know his role. He introduced himself to me as the owner of the company. But he obviously isn't. And the lawyer says that he is not registered as general manager either.

Maybe that's a little too late for me? I should probably already have one.

He is not ready for a meeting. He doesn't reply to emails or says he's very busy and will maybe answer at some point. No possibility to talk to him. As someone here has already said, he has no interest in finding a solution together.

The second option is completely new to me. But probably also out of my league :-).

Yes, that is indeed a possibility. His accusation is ridiculous, the facts are twisted and I can prove everything with absolute certainty. If it weren't for the risk that as soon as the case goes to court (not the court's decision) I wouldn't be able to leave the country for a long time.

What about line chats where employees introduce him to me as the boss? Or making sales calls?

He told me that he is the company owner and online that he is general manager. My lawyer has now told me that he is officially none of these things.

I can understand your reasoning. It's simply a question of whether you want to take the risk of the case going to court. Because as soon as that happens, long before the court ruling, you have to pay bail and are no longer allowed to leave the country.

He is careful. I'm sure he has one. The question is whether it's the right one. Why is he hiding the fact that he's the boss?

I dont know. But he is very careful about all administrative things. He never signs anything himself. I guess everything is clean. But how can you find out?

Not really a contract - a quotation with a provision that everything belongs to him if it is not all paid for. He thought it was stupid to make a big contract with all the regulations. It's very reassuring to hear this with your experiences from a court system with a sound understanding of human nature. Thank you.

See below. He cannot be approached because he is not officially part of the company management.

Difficult. He presented himself to us as the company owner and manager, all employees call him boss. But now I've heard from the lawyer that he's not officially one of them. Even though he appears everywhere online as General Manager.