Girlfriend getting evicted from her own home

[KhunLA]

1 hour ago, dj230 said:

Then why wouldn't the owner of the property just rent it out normally for the same price and not take the risk of having to agree to sell you the property at the end of the lease? 

Ask the owner, not me ... ????

[KhunLA]

1 hour ago, Adumbration said:

@rudi49jr Most of the posts hereto in this thread are piffle and bar stool nonsense. 

 

Your GF would have an action against the fellow who received her payments pursuant to the law of equity and specifically the rubric of unjust enrichment.

 

Unjust enrichment is adumbrated in Section 406 of the Thai Civil and Commercial Code.

 

PM me if you require further assistance or information.

Depends what the contract, sales agreement states, if there was one.   If so, and all in her favor, then probably a win, judgement in her favor.   Then hope owner has assets for compensation.

 

Good Luck with that.  

[PadPrikKhing]

19 hours ago, lopburi3 said:

Actually not true in Thailand as most have very little chance of success in such attempts, or access to lawyers or the money that is often required - and just trying can be a death sentence.  Not a good idea to make others lose face even if it means you take a loss.  

The implication of this statement is quite incredible. You're basically saying that in Thai culture, anyone can blatantly rip someone else off, but because of the potential "loss of face" for the fraudster, the victim of the ripoff dares not attempt to get any satisfaction or justice. "Yes, I've ripped you off, and if you dare try to get any justice, I'll kill you because you will have embarrassed me by doing so."

 

It's just mind-blowing. It's an infantile, sociopathic gangster mentality. Is there absolutely zero responsibility taken by the person doing the ripping off? If anything, they caused the loss of face to themselves by creating the situation. I realize that it's a major "cultural difference," but it's still astonishing.

[steven100]

On 6/5/2022 at 6:32 PM, rudi49jr said:

My question to you is if there is anything she can do to get her money (or part of it) back from the owner

A good laugh to start the morning off .....   thanks     !   

[steven100]

On 6/5/2022 at 7:26 PM, Bruno123 said:

stay on good terms with the owner

Why   ?    he's been ripping her off for years ,   I'd get a lawyer and sue his a_se off.

she must have receipts or something to show the money sent to him   ?

[Ralf001]

23 minutes ago, steven100 said:

Why   ?    he's been ripping her off for years ,   I'd get a lawyer and sue his a_se off.

she must have receipts or something to show the money sent to him   ?

Assuming the judge awards in her favour what recourse does she have when the owner refuses to pay ?

 

[steven100]

Just now, Ralf001 said:

Assuming the judge awards in her favour what recourse does she have when the owner refuses to pay ?

 

If the judge ruled in her favour ....  he would likely be given the chance to pay back the money to her at xx,000 baht per month .... if he fails to make  the first payment then they would likely go after any assets he has to make up that value.   

[Ralf001]

1 hour ago, steven100 said:

If the judge ruled in her favour ....  he would likely be given the chance to pay back the money to her at xx,000 baht per month .... if he fails to make  the first payment then they would likely go after any assets he has to make up that value.   

so she goes back to court to have the judge enforce asset seizure ?

 

friend was owed millions, sued his ex bussiness partner and won in court.

 

5 years later he has not seen a cent even though it has been back to court twice.

 

Ex business partner simply refuses to follow the court order.

 

He will meet a sticky end though.

 

 

[stupidfarang]

23 hours ago, dj230 said:

That’s not how rent to own works at all. 
 

rent to own is when you rent a place for a higher price than normal which ends up being the down payment for the house and then you can buy it at the end of the lease. 
 

How is that the same as giving someone 100k baht and paying them monthly? Who knows maybe that’s how it works in Thailand but I never heard of anything like it. 
 

Either way if she lost 300k and isn’t willing to go after the owner legally, clearly it’s a scam of some sort. 
 

Imagine if someone borrowed 300k from you and said they just happened to get robbed so they lost the money and can’t pay you back but they don’t want to go to the police either? 

It may not be a scam, there are many properties advertised as pay the owner monthly to buy the property here in Thailand, can be a real case the owner did not pass the money on. In fact, I rented a brand-new house (not to buy, just rent) here in Thailand, paid the owner every month and after 3 years the bank was coming around to look for the owner, a bank letter accidentally open showed that she had not paid the mortgage for about a year. She paid up in the end and she still owns it, but I am no longer there. As for his gf not wanting to go after the owner legally, that also is not uncommon here, Thais do not like confrontation, and you never know how they will respond, and his gf may understand fully that she most likely will not get her money back. Happens in all levels here, look at the famous case of the highway going out past Don Mueuang Airport or the case of the railroad pillars also along the same area. Two international overseas companies owed millions and not paid.

[stupidfarang]

3 hours ago, PadPrikKhing said:

The implication of this statement is quite incredible. You're basically saying that in Thai culture, anyone can blatantly rip someone else off, but because of the potential "loss of face" for the fraudster, the victim of the ripoff dares not attempt to get any satisfaction or justice. "Yes, I've ripped you off, and if you dare try to get any justice, I'll kill you because you will have embarrassed me by doing so."

 

It's just mind-blowing. It's an infantile, sociopathic gangster mentality. Is there absolutely zero responsibility taken by the person doing the ripping off? If anything, they caused the loss of face to themselves by creating the situation. I realize that it's a major "cultural difference," but it's still astonishing.

welcome to Thailand, differant set of rules, differant culture

 

Edited June 7, 2022 by stupidfarang

[BKKBike09]

On 6/5/2022 at 9:44 PM, rudi49jr said:

The owner is not cooperating, she says she doesn’t have any money. 

So the owner is a woman, not a man (although sounds like you / your GF have never seen any paperwork to confirm this individual is even the owner of record).

 

How did you GF meet the 'owner'? If it was via introduction from someone (a friend, family member, co-worker) then try getting that person involved to put some pressure on. Do you / your GF know where she lives / works?

 

If you have any form of contract / agreement, definitely worth going to police and registering the basic details in the daily log. Maybe this person has put your GFs name on other loans somehow - sounds like your GF is very naive and trusting: who's to say the 'owner' didn't say "I need your ID Card and Tabien Ban originals for a day or two for "the paperwork".

 

If there's a record of a complaint in the police log, at least you / she has some coverage if things go further south from here.

 

 

[Dan O]

21 hours ago, rudi49jr said:

No, I said she paid by bank. Meaning she used her bank account to pay the monthly installments to the owner.

 

You can go the lawyer route if its a valid "sale contract" and it was but then you'll be in line with the bank in court most likely. I'd contact the bank as its going to forecloure probably and the bank will probably be happy to sell it afterward,  especially if you have a "contract" 

[dj230]

46 minutes ago, stupidfarang said:

It may not be a scam, there are many properties advertised as pay the owner monthly to buy the property here in Thailand, can be a real case the owner did not pass the money on. In fact, I rented a brand-new house (not to buy, just rent) here in Thailand, paid the owner every month and after 3 years the bank was coming around to look for the owner, a bank letter accidentally open showed that she had not paid the mortgage for about a year. She paid up in the end and she still owns it, but I am no longer there. As for his gf not wanting to go after the owner legally, that also is not uncommon here, Thais do not like confrontation, and you never know how they will respond, and his gf may understand fully that she most likely will not get her money back. Happens in all levels here, look at the famous case of the highway going out past Don Mueuang Airport or the case of the railroad pillars also along the same area. Two international overseas companies owed millions and not paid.

Interesting, thai banks let you default on a loan for a brand new house for a year and they don’t do anything? 

 

 

[steven100]

3 hours ago, Ralf001 said:

so she goes back to court to have the judge enforce asset seizure ?

 

friend was owed millions, sued his ex bussiness partner and won in court.

 

5 years later he has not seen a cent even though it has been back to court twice.

 

Ex business partner simply refuses to follow the court order.

 

He will meet a sticky end though.

 

 

yes ,  I had a similar experience also,  court orders the other party to pay up xx,000 each month,   I never seen one cent.

They are absolute thieves,  they are the scum of the earth in my book. 

Thai court system is a joke,  it's a kangaroo court.     imo 

 

so she goes back to court to have the judge enforce asset seizure ?

yes,   the Lawyer would initiate that process ....  

 

Ex business partner simply refuses to follow the court order. ....

Then the Lawyer should request a court order that he be arrested and jailed.   This process does take time and it continues to add costs ,  however if justice is served then he will go to jail.

 

 

 

Edited June 7, 2022 by steven100

[BritManToo]

3 minutes ago, steven100 said:

Ex business partner simply refuses to follow the court order. ....

Then the Lawyer should request a court order that be arrested and jailed.   This process does take time and it continues to add costs ,  however if justice is served then he will go to jail.

Your fault for doing business with someone in Thailand.

No sympathy.

 

You have 2 choices.

1. forget it.

2. pay someone to kill him.

 

I lost 30,000 pounds before I knew better, and chose to forget it.

[steven100]

3 minutes ago, BritManToo said:

I lost 30,000 pounds before I knew better, and chose to forget it.

30,000 Pound sterling equals

1,292,802.30 Thai Baht

[BritManToo]

Just now, steven100 said:

30,000 Pound sterling equals

1,292,802.30 Thai Baht

50bht to the pound at the time, so 1M5bht.

[steven100]

Just now, BritManToo said:

50bht to the pound at the time, so 1M5bht.

aha .... sorry to hear that.