
Adumbration
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In my edit I raised an additional concern regarding option 3....a new contract (with fees) may of been created when you paid your first extortion installment.
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Please revisit my previous post. I have edited to include an additional consideration.
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That is wonderful for you...and your dad.
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Ok. You are on your own then. If someone (or a committee) has you on the hook for an annual payment, but is not willing to document what the payment will be, you are being extorted. And because it concerns your wife it is a manifest example of emotional blackmail. You have four options as I see it: 1. Negotiate and pay a documented and receipted "for eternity" maintenance fee. You might as well throw a bundle of cash in the woodstove...the outcome will be exactly the same once you have passed. 2. Exhume your wife and move the coffin or have her cremated. This might give you some comfort. 3. Commence formal Civil legal proceedings. You have entered into an oral contract, although it is not reduced to writing it is still evidenced by their offer, your acceptance and payment (the receipt), and your wife being in the ground there (Res Ipsa Loquitur). Do you still have the receipt and any other evidence from back then....a brochure about the plots....text messages....emails...you need to check this and make backups and hardcopys of anything you find. The court must then turn to the terms (and conditions) of the contract and this is where you may have some footing. First, how can the commitee introduce a retrospective term to your contract (maintenance fees). They did not request it in the first few years so clearly it was not a requirement at the commencement of your contract. Terms and conditions of a contract is a rubric of law that is very complex (because it is the mostly heavily litigated). The Court may find that upon the introduction of a new term (annual fees) your original (oral) contract was terminated and then a new contract (with fees) was created. This is because the commitee requested payment of a fee and, very importantly, you accepted this and paid it (Clarius facta quam verba loquuntur). Secondly, how can they then introduce a retrospective term that is not clearly defined and documented. We can charge whatever we want for eternity is not a term of a contract it is extortion. Even if the court judges that a fee can be charged, it must be reasonable, and how is that possible if the current amount, and future schedule of amounts is not clearly stated in writing. 4. Commence formal Criminal legal proceedings upon the grounds of extortion and blackmail. Choosing the dumpster is the cheapest option.
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@Denim How long since you have visited you Dad's grave? I am not being nasty here, just genuinely interested. My mother is sitting in a dreadful council cemetry in a public housing area. I have no doubt her headstone has been vandalised by now. This saddens me a great deal. But I cannot fix it.
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You are being extorted because you did not heed the two golden rules I adumbrated above. How can you comply with maintenance fees when there is no written statement regarding what they currently are or what they are going to be in the future. What you should of requested from the outset was a schedule of the fees and the % increase in those fees p.a. (as used in a commercial lease) I suspect this situation did not occur by accident, rather, that it is a scam built into the business model of the cemetry You have now locked yourself into an unsolvable problem unless you chose to exhume your wife and move her. Or, as I have already outlined above, just accept the fact that three years after you are buried both you and your wife will be in a dumpster. Of course you could enquire if the cemetery has an option to pay a lump sum "for eternity" maintenance fee upfront for both you and your wife's plot to give you some peace of mind. But in the shadow of the golden rules there is probably the same chance both you and your wife will end up in the dumpster. And, as a final point, why are you expected to pay for everything? Was your wife a childless orphan with no siblings?
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You concern is not logical. If there is no one to keep up the maintenance payment on your grave, then there will be no one concerned that you are dug up put in a dumpster after three years. Two golden rules applies here: First, never....ever....pay for anything upfront in Thailand and make sure that any agreement is always in the form of a signed written contract....prefereably in both English and Thai. If the vendor is not willing to comply...walk away. Secondly, never...ever...put a Thai in control of any important facet of your life (or afterlife in your case).
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Economic downturn in China = fewer holiday bookings for Phuket
Adumbration replied to webfact's topic in Phuket News
China is done for. Unsolvable problem with inverted population pyramid. Australian dollar is done for also. -
How are you doing Tiber? I hope you are still moving forward. My thoughts are with you at this very difficult time. PM me if you want my contact to chat if you need support.
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I have the latest model Wave 125i. I don't ride it much because around the village and down to the beach I have an old junker. I do ride it when I go to phuket. Just did a recent trip. Only just run in now with 3000kms. When I first got it the gearbox felt a little chunky and the engine did not run that smoothly. But on this last trip everything was perfect. Engine now runs like a clock and the gearbox is good.
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In most Isaan villages the Sor Por Gor land is kept in a register (hand written notebook) held by the Pu Yai Ban. This land does get sold, on a regular basis, and not to relatives. The sales and the new "owner" is just recorded in the Pu Yai's records. Not sure about getting a blue book for a house built on such land, but it must be possible because so many family homes in Isaan are built on this type of land. And surely they must have house books. Go and see the Pu Yai with GF in tow. See if her block is registered in his book, and ask him about "moradook" of your GF regarding the land if Dad passes.
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Australian Dollar is collapsing
Adumbration replied to Adumbration's topic in Jobs, Economy, Banking, Business, Investments
Bye Bye 64 c now heading for 63c If there is an unexpected nuke in the Ukraine conflict or any movement on Taiwan hello 40c -
How hot are (real) Thai women though!
Adumbration replied to bob smith's topic in ASEAN NOW Community Pub
Bot would never post an insult like this. So Bob is obviously a fake account with a real person posting nonsense. Probably same guy running a whole portfolio of these accounts. Pathetic really how far this forum has sunk. -
No insurance, no licence, and no assets, lives in a rented 2K5 room. Poor little Chinese rich girl is screwed. Never get 1 baht back from Somchai. And if sue, she will get a periodic payment verdict of something like 1K per month. Somchai will make the first two or three payments then stop. Then back to court two of three times. Then Somchai will go to jail. Then no payments. At best she will recover 4 or 5K baht, less the 50-100K she has spent on her lawyer. No win situation. That is why I drive an very old car here and although I have the means would, never, ever, buy a new vehicle to drive on Thai roads. On another note, is it really possible to buy a Rolls just by opening a couple of restaurants in Patts and BKK. In true Thai fashion of turning the victim into the bad guy, I would not be suprised if the next story that emerges out of this situation is the RTP investigating the Chinese woman and her associates and discovering that they are up to no good and so Somchai does not have to pay any money to fix the Roller.
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How hot are (real) Thai women though!
Adumbration replied to bob smith's topic in ASEAN NOW Community Pub
Good grief these bot posts are becoming depressing. Are there any real members left on this forum (and still live in Thailand?) -
NEW ZEALAND - Some worrying stats...
Adumbration replied to Red Phoenix's topic in COVID-19 Coronavirus
It ok. The New Zealand property bubble is safe. Parliment has just enacted new legislation enabling sheep to apply for a residential mortgage.