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Beachedwhale

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Posts posted by Beachedwhale

  1. As I said, Naranja, I am through mentioning my opinions about The Peak, doesn't mean I'm through with the thread. Naranja, first you claim no association with The Peak, then you admit to having a close personal friend associated with it. I have never back tracked from my position, but you clearly have. F&$*king liar.

    Steve I think you are out of order here. "Associated with a development" means (to me) that you have shares in it, or you work for the company or a supplier or some other beneficiary of it, not being a freind of someone who is. Samui is such a small place, if we go by your definition of association, then I am associated with Coco because I know the owners and have had a few beers with them, I am associated with Sabai Thai, because I know the main figurehead and have had a beer with him, I am associated with Coconut land and house, because I know the owner(s) and have had a drink with them etc etc when in fact I actually have no benefit in any of these developments, if they succed, I get nothing, if they fail, I get nothing.

  2. For the record, I would like to remind everyone that in addition to illegally acquiring land, The Peak Project was found to be in violation of land use codes. The government panel also felt the project would be damaging to the eco-system, and had other recommendations. It's just my opinion, of course, but I don't think those are the actions of a reputable developer.

    Steve

    If these accusations turn out to be true then I am sorry to say that The Peak is just being made an example of for whatever reason. Perhaps it is because it is something that can be seen when flying into Koh Samui from the North / Bangkok direction - just like the white flat roofed properties near the airport.

    Unfortunately there are many developers (and well connected individuals) on Samui who have illegally acquired land ... nearly all developers skirt around the land use laws, the building codes and nearly all do not make any consideration for the eco-system. Last year in the rainy season the Peak had not even started yet the whole of Samui had flooding problems due partly to bad infrastructure but mostly due to bad use of the land (cutting down all of the trees, digging out roads without proper account for water flows etc) and bad management & design.

    I am not involved in the Peak in any way but I do see it out my living room window and was hoping that it was going to be a well thought out and "proper" development. I certaily felt that the road and drainage system they built was one of the best I had seen on Samui. which to me appeared to be a good start.

    I am certainly pleased to see Samui being "cleaned up", but sit anxiously looking out my window and hoping that the clean up is applied consistently and for an extended period. I have a concern that reality will be that there will be a few specific developments (such as the Peak) who will get their hands slapped but still allowed to continue in a modified form and the majority of others will just go into hiding for 6 months and then come out again when things have quietened down and carry on as if nothing has happened (except they will be able to add to their marketing speel that since they did not get implicated by the DSI , they are a 100% legal and 100% reputable company and should be trusted more than those "other people").

    Don't pick on The Peak they just made the mistake of putting up their signs and advertismenets at a time when the government needed a distraction .. they are no worse than many other developers on Samui. Just my honest opinion from a farang with a Thai wife and children sitting on a piece of beach land legally acquired and developed and hoping like H... that Samui does not get wounded too much by all of the activities and fighting going on ... we may not be born in Samui but we chose to come here because we love it...

  3. How power corrupts......

    Just like Tony Blair back home, Taksin doesn't want to move on.

    Will this help in the elections? Is he still allowed to head his party there ae the electorate has already voted against him?

    How will this not fail to undermine the Thai publics faith in their democratic process?

    Is it true that Thaksin is in London now attempting to invoke a 1912 agreement between Britain and Thailand that allowed free transfer of senior ministers. I understand this previously forgotten agreement was based on wealth parameters - still set at 1912 rates. If you could show that your net wealth was higher than the 1912 national wealth in either country then you can intiate the trensfer - around GPB15,000 I believe. It is rumoured that both Thaksin and Blair have recently become aware of this agreement and have been "readying their nests" in preperation for the trigger date - sometime in November, which is why there has been a delay in the elections in Thailand, a change of the visa rules (in order to send the Brits back as they obviously came to Thailand to get away from Mr Blair) etc etc.

    Can anyone confirm this rumour>

  4. Sorry, I didn't want to add the last part about Keyboard Warrior, that was a line from the previous poster.

    Maybe it is time we all took a walk outside to catch some fresh sea air and calm down. The peak project is not so important to us all to get so wound up.... maybe we think it is but in essence we (non associated) farangs are unlikely to be able to make too much difference to what is going to happen up on the peak.

    I believe we all came to Samui to have a better lifestyle, to perhaps even to have a more stress-free lifestyle, to enjoy Thailand for what it is... Go find a quiet spot on Choengmon or Lamai beach, have a beer and watch the day go by. The peak will still be there tomorrow and perhaps we can all have a lively discussion without the personal elements ... it is amazing how many good ideas come up after a few beers...

    (Please don't accuse me of being condescending or anything, its just that I have seen some good comments from both sides and feel that you both want to see Samui evolve in a manner that is good for all ... In my previous life in corporate world I did numerous management courses and psychological tests and team work test etc and all of them state it is good to have differing views and perspectives etc, we just need to ensure we realise this and work together because as individuals we are not as effective ... I felt that the recent postings have got a bit away from the original topic and not helpful to the debate).

  5. The title of this one is a bit misleading, the government hasn't confirmed a coup attempt. This isn't news, it's a rumour and probably perpetuated in order to solidify Thaksin's control over millitary commands in Bangkok.

    If it is true this time, Thailand has quite a history of military coups .. do a search on the web and you get articles such as: http://countrystudies.us/thailand/81.htm

    or even ....September 17, 1957 in History - Event: Thailand military coup under marshal Sarit Thanarat

    or http://memory.loc.gov/cgi-bin/query/r?frd/...d(DOCID+th0035)

    It seems to be a common way of doing things here.

  6. and those who fall in the cracks (like my friend whose bar is not doing well and doesn't have the cash in the bank for a marriage visa, even though he is -- with a one-year-old son) will have to think long and hard about how to keep the relationship going.

    My understanding is that if you are on a valid visa have a work permit and want to get a marriage visa it is not necessary to have the money in the bank per se. In your accounting for your bar, if you pay yourself a monthly salary of THB60k and pay the appropriate taxes on it for a reasonable period (say the length of yor first O visa) then you can get the marriage visa (this will still take time to get through the approval process as all of them do - but it works as I got one this way and never showed any bank statements). Obviously whether you actually take the full salary out or reinvest it back into the bar is up to you. If the bar cannot sustain that level (of taxes for the documented monthly salary) or your friend is operating a bar while on a tourist visa then I will make no more comment ...

  7. I just did a quick shuffle around the Internet looking at various country visa regulations (UK, NZ, Australia, India, China, etc) and in most instances there is no specific statements about restrictions on how many times a tourist visa can be applied for in 90 days - probably because there is not such a demand for them like Thailand. But in saying that most counties have a requirement for proper application for a Visa prior to getting into the country if wanting to do business or tourism for any extended time (except for special circumstances such as NZ going to Australia, Commonwealth countries getting into UK etc). I hear of many toursits going to all of these locations and hear of many business people going there as well, India is thriving, China is thriving ... why should Thailand be any different? Just like the countries mentioned above they have a view on the type of people that they want in their country, and the type of people that are good for their country and this is how they choose to manage it. My country -- New Zealand, has a points system, and to get enough points you need to have money, have good education, speak english etc ... they Thai way seems a lot less restrictive to me.

    I know it will cause hardship for some but I cannot see how it is any different in principle to many other countries.

    I first came here on 90 day tourist visas (when Thailand had that arangement for New Zealanders), then when it went to 30 days I did the runs and then got sick of it and used my own company that owns land to get me a work permit etc .. but now have a marriage Visa - Ok there is a different "cost" associated with that :o , but in essence I went to the trouble of getting my paperwork sorted out so that I can legally stay in this country. I would have to do the same if I went to the UK or the USA ... why is it the Thai Governments fault that it is now a necessity to do it here?

  8. "...Good luck, punters. Dont cry WHEN it all ends in tears."

    Yes, I am sure that that is right. The "when", I mean. Not even "if".

    I am convinced that there will be a general wish for a clear-out of 'undesirable falangs' sometime in the future.

    And what easier, more public way will there be (for the Government to show that it is responding to that wish) than checking land titles and the "companies" behind them, and deporting the dodgy?

    "Ignorance of the Law" is no excuse.

    Neither is "But they were all doing it", as two wrongs never made a right.

    "I was suckered into it" might get a little sympathy---but don't expect it to be more than an upgrade on the flight out, never to return.

    Nothing really contributed to the thread here...

    This sounds a bit like sour grapes to me ...... or is it that you wish that these people were reduced to your own level of impecuniousness?

    "impecuniousness" ... I'm impressed ...

    whats the Thai translation? It's not really Keen Yeow...

  9. Anyone noticed the vessel in Chaweng Bay in the last days? It moved further south recently.

    Looks like a research ship.....but also could be a brother of Greenpeace or even DSI on water :o

    It is a private vessel owned by one of the affluent people of this world. It is a converted deep sea tug and if you get up close you can see the many toys on it including sailing boat, jet skis etc.

    Not a pretty vessel but obviously very functional as the owner is the type that lets the crew take it around the world to interesting places and then he just flies in and stays on it for a while.

  10. Ok Loophole, your have done it again, you will have to go to the back of the class and stand in the corner for 10 minutes. If you second anything again it will be a good caning. Understood.

    Perhaps a caning is one way to liven up the forum. A few years ago the New Zealand press got extremely overheated when an ex brittish cricket umpire residing in NZ died during a dominatrix session and was subsequently thrown into one of the more famous rivers in NZ. At the time nobody had really heard of a dominatrix but after the court case everyone knew including little old grannies who would stand in post office queues talking about golden showers and such things.

    At least it would be a bit different to talking about the weather and visa runs... just a thought (and obviously we would have to stick with the forum rules)...

  11. Maybe this is off topic, but beachedwhale IMHO had a run in on another post that isn't here no more. Correct me If Im wrong, but I remember you calling a post like yours, for free or cheap advertising, and here you are doing the same thing?

    How the couple find a good place and have a great wedding!!

    PS; this is just IMO.

    SamuiJens

    I can correct you .. Someone else stated in the other thread it was a form of cheap advertising and I disagreed. I cannot remember who it was as the post has been withdrawn.

    In my post above I was actually offering to let the customer come and stay at my own home (I do not have a resort or anything for rent). It was meant to be a bit toungue in cheek. I have a 3 bedroom house on the beach with 3 children, 3 cats, 4 rabbits, turtles etc etc. As my children remind me everyday, we do not have a swimming pool so really I was not advertising anything I have personally, I was just trying to reinforce that I felt Rockys was unfairly attacked in previous posts and was willing to stand behind my statement. My wife and Kids would probably not appreciate it if a wedding party did accept the offer and turn up.

  12. can anyone tell me if if there is any way of using a son or daughters name .

    I am not married but have a son with Thai nationality (infact dual). can I be an executor and have land in his name?

    My understanding is that thai children can have land in their name and also own shares in a company. Just like most other countries, there are certain restrictions until they are legal age (18yrs I believe) but in essence it is totally legal. I am not totally sure about owning land outright, but, I understand that until they are 18 yrs, their shares in a company cannot be sold without going through a court process. All of the assets in the company can be sold off as long as the proper signing authorities have been followed - i.e. you can make yourself the sole or duel signatory. If the purpose is to own a family home that eventually goes to the children then this is a suitable way to do it. If you want to use it to speculate in property then it is probably appropriate only if you are prepared to declare every transaction through the company (just like you are supposed to do in Thailand and just like you would probably do at home but which has not been happening here in Samui recently which is why the Government is now trying to tighten up things).

    There may also be other implications for your son when he turns 18. If he is Thai and turns 18 then he must go in the "ballot" for army service, he may also need to give up his other passport (Legally this might be the case but my Lawyer stated that in 40 years of legal practice he has never seen anyone prosecuted for not doing so). So if you are putting things in your sons name then you are potentially forcing his hand into remaining a Thai national / passport holder ... or if decides to relinquish it then you are back to square one in trying to find an appropriate Thai partner.

    I personally made the decision to have both my thai/farang daughter and my thai/farang son as my major shareholders with my daughter having the larger share at this stage in case my son does decide to take up his farang passport in order to get out of army ... but that is another grey area which needs futher investigation and is still over 10 years away (for my son) so may change and therefore we are trying to retain flexibility in the face of all of these changing rules etc.

  13. Samuian, I agreee totally with you about the hospitality industry issues, .... and your other comments on how to address the complaint ... no arguments from me.

    Summary ... Rockys is one of the good locations to have your Koh Samui wedding. Like all locations it may have a few minor problems from time to time, but based on past recommendations from many people they either do not have many problems or have good staff and managment that tend to be able to sort things out well.

  14. I am not linked in any way to Rocky resort and I have never stayed there either as I live in Samui and operate other businesses here. I have many customers (including many wedding parties) that stay at Rocky resort and they always talk very highly of it. I have to go there to pick up guests and deal with management and administration staff for the consequent paperwork and always get great service from both the Thai and Farang staff. I was extremely surprised by the comment from lovesun that the management were drunk as they do not seem that type of people ... and certainly believe that it was from a disgruntled ex-employee.

    Unfortunately that is one of the downsides of being an employer here in Thailand. No matter how well you treat the staff, it is extremely difficult at times. Many times over the years I have told a staffmember that they have done something wrong and they just get the huff and walk out. It can be small thing or large, you can talk soft or yell, it does notreally matter. I am the owner of the business and I have had customers yelling and screaming at me and have had to take the insults ... but I have learnt that I cannot then go and reprimand the staff member unless I am prepared for them to walk off the job. It is partly because Samui is such a growing place and that there are many job opportunities and partly a cultural thing.

    I also believe that in the hospitality business it is extremely difficult to have consistently high quality day in day out, and from what I have seen (probably dealt with 80 - 100 guests staying with Rocky in the last year), I have not heard any complaints. To me that is extremely difficult to see anywhere let alone here.

    I would have no hesitation in receommending Rockys to any of my friends or family ... other than it is on the other side of the Island to me and I have a house on the beach so tend to get a few staying with us.... try it and if its no good, come and stay at my place (no gauranteees about the service quality at my house though)

  15. Has anyone tried it on that new road that starts in Don Sak and goes towards Krabi? Is there a turnoff to Phuket on that road? It is a lovely piece of work for such a low traffic area :o

    I have done it many times and it is Highway 44 - 2 lanes in both directions (although it is more frequently like 2 single lane highways side by side).

    It does have some turn offs that get you to Phuket, but the must uncomplicated way is to just go to the end of it where it meets the Phuket to Krabi road and turn right to Phuket. (this actually requires a left turn toward Krabi and then a U-turn 50 metres down the road, but if I tried to describe the other ones you would probably end up back in Donsak).

    This road used to be quiet, but has now become a bit dangerous due to some of the locals going the wrong way and I have also recently seen a speed trap on it. 12 months ago it would be OK to go 140km + on it but now it is best to be careful and always ensure you are in the left lane when going up a slight hill and therefore unsighted to oncoming wrong-way traffic.

    The slowest part of the whole trip is usually around Phuket itself where traffic is busy but around 3.5 hours is a good time, Phangna is actually a beautiful area to stop off at if you have the time.

  16. A load of nonsense and just another malicious rumour to add to the scandalous behaviour of the Thai Media.

    I didn't see where steverino actually said he heard the rumor in the Thai media. I guess I must have missed something there.

    I actually made that statement and after asking Coco seaplanes I have found out that it was in fact on the Thai TV, but it was a totally fictitious report and that Coco are now suing the TV channel. While the plane itself has not been operational for the last month it has not been seized, it is just that they are still working through all of the paperwork and would rather not operate while things are not yet complete.

  17. Why all the worry about another Tesco or Big C, the problem I see are the 7/11 stores on every corner they are taking the everyday business away from the local business owners, and 7/11 is Thai owned.

    Actually 7-11 is not Thai owned .. but I believe the Thai master franchise is owned by the CP group

    http://www.7-eleven.com/

    The Story of Convenience Shopping

    7-Eleven pioneered the convenience store concept way back in 1927 at the Southland Ice Company in Dallas, Texas. In addition to selling blocks of ice to refrigerate food, an enterprising ice dock employee began offering milk, bread and eggs on Sundays and evenings when grocery stores were closed. This new business idea produced satisfied customers and increased sales, and convenience retailing was born!

    .......

    Global Convenience

    Approximately 3,200 of the company's 5,300 stores in the United States are operated by franchisees, and an additional 485 are operated by licensees. 7-Eleven, Inc., its licensees and affiliates operate more than 27,900 7-Eleven and other convenience stores in Japan, Australia, Mexico, Taiwan, Singapore, Canada, the Philippines, Sweden, Denmark, South Korea, Thailand, Norway, Turkey, Malaysia, China and the U.S. territories of Puerto Rico and Guam.

    IYG Holding Company, a wholly owned subsidiary of Ito-Yokado Co., Ltd. and Seven-Eleven Japan Co., Ltd., has owned a majority interest in 7-Eleven since 1991. Seven-Eleven Japan operates more than 10,000 7-Eleven stores in Japan and Hawaii under an area license agreement with 7-Eleven, Inc

    While I do not necessarily like the way they seem to have sprung up everywhere (purely from an aesthetics viewpoint), I do believe that they are providing a product & service that many people want - otherwise they would not be springing up everywhere. I also believe that the 7-11 stock management is much better than Tesco and the local markets and that I am more likely to find my sought after goods there at any time convenient to me. I am forever frustrated at both Tesco and the local shops who seem to frequently run out of goods and tell you "next week" when you ask them where the goods are (and even the PTT that runs out of deisel). If the locals did not want the 7-11's why is it then that I tend to see many of them utilising them at all times of the day.

  18. Many thanks to everyone for their advice and concern, and for drawing our attention to this article, which we would never have known about without this forum. We have a new lawyer on the case who is looking into the newspaper allegations.

    I am very concerned about your contribution, Nadia 2. Do you know something else we don't? What is illegal about the ownership construction? According to our purchase agreement, the apartments are being sold as condominiums, or if the condominium licence is not granted (apparently this cannot be granted until after construction work has finished), as a 30 year leasehold with extension options. We thought this was 100 % legal and above board. Are we wrong?

    Lindsay

    Some information on Condos is available here ... http://www.thaivisa.com/buy_condo_thailand.0.html

    Obviously the process is cmplex and takes time and even if all went well, I would expect that you would not get your title for some time after the building is complete. It does happen thopugh and there are many "alien" people in Thailad happily living in their own condo and I am can think of worse places to sit and look at the view while waiting to get the paperwork finished. For your part, you need to ensure you have proper evidence of bringing the money into Thailand - your bank and lawyer should be able to sort that out. It helps you meet the requirements of the act and also helps when you want to send out the proceeds of sale (assuming you might sell it some time in the future).

    And you are right about a lease being legal and above board for 30 years but there is some debate on whether it is legally allowed to have an extension clause within the lease document itself (as that then makes the lease longer than 30 years), or whether it has to be a side agreement ... and then if the 30 years are up you try and enforce the side agreement which legally is not supposed to be in place ... I personally have not heard of any problems with leases that are constructed properly (some people have had problems because they did not have extenstions written in for shorter terms such as 5 plus 5 year leases etc, but that is their fault for not reading the document properly).

    I am not sure if Nadia 2 is actually talking about the legality of the construction itself (height, roof line etc)... which I believed has alread been adressed on this thread, or the legality of the ownership structure of a condo ... which I assume is really work in progres as the construction is not complete and the sales of the units are still ongoing. Please just remember that even a totally legal situation will take time and seem more complex than it should be, it just seems to e the way here - for both aliens and non-aliens.

  19. Does anyone have any recent news on this operation? My thai staff informed me that Coco Seaplanes was on the Thai news yesterday (or day before) and has been seized for undertaing operations it was not licensed to do (i.e. take paying passengers). Evidently it also stated that the whole company was under investigation.

  20. another option is Zazen in Bophut ... http://www.samuizazen.com/

    good food, you can walk along the beach to the Bophut fishing village or just stay in your room (maybe then the garden view room will suffice).

    Another option is Sala Samui on Choengmon beach ... http://www.salasamui.com/home.htm also has good food and walking along Choengmon beach .. has private villas suitable for honeymooners

    or another one is sila evason .. http://www.sixsenses.com/hideaway-samui/index.php

    no real beach but total seculsion...

    Another one is Rocky Resort in Lamai... http://www.rockyresort.com/ .. smaller operation like Zazen, the beach is rocky (hence the name), but personal / freindly service slick operation, good food etc

    I have never stayed in any of them (which is probably one of the reasons I am on my third marriage), and not linked to any of them in any way but I get a lot of customers (including many honeymoon couples) that talk about them and mostly very good reviews ...

  21. Remember where there's smoke there's fire.

    Porter… You seem to be attempting to make stories and connections etc for some reason but I am surprised you have not picked up on the connection of the

    1. Thongson Bay land (currently under investigation according to the Thai article referred to above),

    2. The Peak development and

    3. the Bandidos incident on Samui …

    there appears to be a common thread between them all, and right up your alley for questioning ….

    1 Thongson Bay…

    “The article also talks about other property also illegally upgraded in Thongson Bay currently owned by a Samui resident "with strong Samui contacts" (no inference that it is Mr Fay - just another similar situation)”

    There is a unconfirmed rumour that this person in Thongson Bay was attempting to build a hotel and that they are the owner of a hospital on Samui (not sure which but my source thought it was in Nathon)... Innocent enough but also…

    2. The Peak

    “The Peak, a Bt20-billion luxury residential project on Koh Samui, is being adversely affected following public concern that part of the land might have been illegally transferred and encroaches on forest areas.

    "Twenty buyers of a total of 70 who agreed to buy land allocated during the project's first phase are now asking the company for refunds of their deposits," said Boon Vanasin, a major shareholder of Rajthanee Realty Co Ltd, developer of the project.” ….

    “Boon is also a director of Piyavate Hospital and owner of other hospitals in Bangkok, including Thonburi I and Thonburi II.”

    And…

    3. Regarding the 7 people arrested by DSI (including the Bandidos) …

    Pratheep Muangkaew, a former prosecutor turned land developer, was charged by the DSI for bribing land officials into issuing land documents for his property.

    Mr Pratheep was one of the seven suspects implicated in the illegal issuance of land documents on the resort island.

    The DSI yesterday also brought Kim Lindergaard Neilsen, a 36-year-old Dane charged in the case, to the Criminal Court.”

    I have had dealings with Mr Prathhep Muangkaew when he was also an Administrator of Bandon International Hospital... (not sure if he still is there or not).

    Coincidence or not? (I seem to remember some police drama saying that 2 instances can be a coincidence but three cannot)? … and I suppose they all flew on Bangkok Airways which also happens to have a hospital on Samui) … oh my goodness a fourth link…

  22. My understanding of the article is that the land is indeed in question but not that My Fay knowingly did any wrong. It appears that the land changed hands near to 20 years ago from being a lease for the purpose of mining the land to a titled piece of land which has subsequently passed through a couple of pairs of hands until being purchased by Sabai Properties 9 years ago. The article also states that because it is now so long since the original illegal activity was done and it is difficult to find the parties, it is likely that there will not be any party prosecuted for the offence and that the land will liklely not be reclaimed by the Government ... but that the court process has not finished and therefore no gurantees either way ... The article also talks about other property also illegally upgraded in Thongson Bay currently owned by a Samui resident "with strong Samui contacts" (no inference that it is Mr Fay - just another similar situation).

    There are other precedents in Thailand and one recently in Phuket where a hotel had already been built on some land illegally upgraded. The government in this case did take the land back but leased it back to the hotel.

  23. watch out for long term damage on the shoreline due to dredging. Koh PHangan had their pier area (at thong sala) dredged years ago and the result has been beach erosion along the ban tai coast.

    The beach area in Ban Rak is already ruined when the road was put out to the island that Big Buddha is located on. It had no way of letting the water flow so the area filled up with sand and killed off the reef. It could be fixed if the road had some culverts put into or it or it was changed to a bridge ... maybe that will happen one day.

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