Can the Asean Now Community Mediate? Your Input is Needed!

[stoner]

18 minutes ago, Sam B said:

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

 

you are correct. he cannot officially be approached. unofficially though.....

[Sam B]

12 minutes ago, rumak said:

 

if no proof of actually working ( photos, etc)  .... then they can just say he helped with

translation  

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

 

[rumak]

3 minutes ago, Sam B said:

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.

 

 

what i thought.   do you have the text messages of your conversations and dealings with him ?     BTW:  No formal contract for a project your size can turn into a big problem . 

Not helpful now........ but something we all can learn from

[rumak]

2 minutes ago, Sam B said:

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

 

 

yes.....good to have.    Still,  can say just helping you .   And lots of thais call us boss.     No contract with his name anywhere is what you are up against.    BTW:  WHO is bringing the suit ????   Him or the installing company?  🙂

[Hummin]

What is your physical loss ? Is it worth to continue the legal process? 

[Sam B]

15 minutes ago, scubascuba3 said:

Seems like court is the only option, bite the bullet and go for it, it's a civil case, not a criminal case

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.

[Sam B]

18 minutes ago, Kinnock said:

Do you have a Thai partner who could make a formal complaint and ideally file a counter criminal co.plaint for fraud or harassment?  Try to remove the foreigner element.

 

There's also the option of hiring one of the Thai 'celebrity lawyers'.  They are experts at arranging press conferences and embarrassing businesses into settling a case quietly to avoid all the negative publicity.

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

 

[novacova]

6 minutes ago, Sam B said:

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

 

Take screenshots of all the conversations as many apps have the ability to delete sent messages 

[Sam B]

20 minutes ago, novacova said:

Go talk to him about the matter and get him on a recording. Go get some evidence 

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.

[Sam B]

21 minutes ago, Kinnock said:

Even if doesn't sign anything and avoids a formal job title, he's clearly working in Thailand.  You ideally need to make a friend in the Labour Department.

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

[novacova]

1 minute ago, Sam B said:

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

There’s a good chance that he is bluffing and has no intention of a suit, he is just testing you for a scam. In any case, personally I’d dig my teeth in and make it my life mission to go after this piece of trash. 

[Sam B]

17 minutes ago, CharlieH said:

He is not officially part of the company Management ?

 

So what exactly is his position and what role has "the company" played in this ?

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.

 

[rumak]

1 hour ago, Sam B said:

*1 By the way: According to the lawyer, this kind of legal action is often used against Expats in Thailand. If the complaint is accepted, you have to pay bail and can't leave the country, possibly for up to a year. It's a stressful situation for any Expat and can make some give in even if they are in the right. It's truly tragic when one Expat does this to another.

 

as Charlie H. opined............ the plaintiff seems to have some experience in these matters.     Also, the farang is "careful"  .   Advice to others..... let the Mrs. do the paperwork and talking  ( you can talk? adivse  with her seperately)

Building houses also ,  and a good contract signed with a good witness.  

So many problems are because we ( yes, even rumak) ..... rushed things

[Sam B]

20 minutes ago, novacova said:

If he is none of those things then he is either working without a permit or outside of the bounds of a permit. If it were me, I’d relentlessly go after this cull 

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.

[Sam B]

21 minutes ago, rumak said:

 

yes.....good to have.    Still,  can say just helping you .   And lots of thais call us boss.     No contract with his name anywhere is what you are up against.    BTW:  WHO is bringing the suit ????   Him or the installing company?  🙂

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).

[BritManToo]

If they finished the job and it works, you have to pay.

If they didn't finish the work, you don't pay.

 

So does your solar installation work?

[Sam B]

26 minutes ago, Hummin said:

What is your physical loss ? Is it worth to continue the legal process? 

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.

 

[Sam B]

21 minutes ago, novacova said:

Take screenshots of all the conversations as many apps have the ability to delete sent messages 

Did already!

[Sam B]

16 minutes ago, novacova said:

There’s a good chance that he is bluffing and has no intention of a suit, he is just testing you for a scam. In any case, personally I’d dig my teeth in and make it my life mission to go after this piece of trash. 

He's already sued me! The lawsuit has been filed.

But the fire for the mission is already smoldering.
Thanks.

[NoDisplayName]

4 minutes ago, Sam B said:

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).

 

What basis is the company bringing suit?

 

There is no contract and you had no contact with company other than this lawsuit.  Apparently some random dude who claimed to be a manager, which the company denies employing, said a thing.

 

You owe the company nothing IMO.  They need to take the matter up with random dude who ordered supplies and a crew.

[Sam B]

13 minutes ago, BritManToo said:

If they finished the job and it works, you have to pay.

If they didn't finish the work, you don't pay.

 

So does your solar installation work?

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.

[terryq]

12 minutes ago, Sam B said:

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.

 

What section of  the Thai Criminal Law are you being charged under?

 

 

[BritManToo]

Your posts aren't really clear.

Who is taking whom to court?

It's not your house, so I don't see how anyone could take you to court.

It's not his business, so he also can't be taking anyone to court.

 

For example,

My wife ownes a house, but the land office have a signed document from me saying the property is nothing to do with me.

 

Stand back, and repeat, "this property is not mine, I accept no responsibility".

[Sam B]

2 minutes ago, terryq said:

 

What section of  the Thai Criminal Law are you being charged under?

 

Private criminal law suit

 

 

[Mark Nothing]

You are going to learn firsthand about maliscious prosecution and how it works. You have won the reverse lottery sweepstakes.  It took me 5 years to get the maliscious prosecutors off my back.

 

100's of thousands of baht in lawyer fees to defend myself in multiple venues.  Maliscious litigants had no interest mediating anything refusing all efforts at negotiation.  Taking case to criminal court then appeals court, and then supreme court.

 

100,000 baht court guarantee money in my case.  Returned if you win case.  Confiscated if you don't show to trial or used to offset damages if you lose case.

 

Lawyers and translators don't work on an empty stomach and expect restaurant food be paid by you after meetings and court hearings.  And lots of translation cost(500 baht a page).

 

To leave Thailand my lawyer scheduled a meeting with the judge who had to issue a court order to unfreeze my passport for me to leave thailand twice annually to visit family overseas.  5,000 baht each time.

 

You will be an expert in the thai legal system by this time next year.  

[Mason45]

2 hours ago, SingAPorn said:

I have noticed in Thailand very often, bad service and cheating involves foreigners and westerners living here and having companies. For instance those in the real estate business who will be all honey and nice on selling and once you purchase, they just ignore when the issues show up in the house or condo. An acquaintance who bought on leasehold a pool villa in a swanky so-called reputed developpment in Hua Hin, Hin Lek Fai had many issues with the villa. The farang developper just refused to admit their mistakes and wanted money to correct the badly finished work. Just one exemple of how things can work here. At the end of the day, one may consider to invest in another country as foreigners here seem to have absolutely no rights in a court IMHO. I could be mistaken but definately one needs to think 4 times before buying anything here.

Coming from the building trade, never by a property unless it's 4-5 years old. Then you will see any defects that appear, cracks and roof problems etc.

[Kinnock]

2 hours ago, Sam B said:

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

 

Maybe not .... the top celebrity lawyers on Channel 32 and 33 are volunteer lawyers, so not expensive.

[Sam B]

24 minutes ago, Mark Nothing said:

You are going to learn firsthand about maliscious prosecution and how it works. You have won the reverse lottery sweepstakes.  It took me 5 years to get the maliscious prosecutors off my back.

 

100's of thousands of baht in lawyer fees to defend myself in multiple venues.  Maliscious litigants had no interest mediating anything refusing all efforts at negotiation.  Taking case to criminal court then appeals court, and then supreme court.

 

100,000 baht court guarantee money in my case.  Returned if you win case.  Confiscated if you don't show to trial or used to offset damages if you lose case.

 

Lawyers and translators don't work on an empty stomach and expect restaurant food be paid by you after meetings and court hearings.  And lots of translation cost(500 baht a page).

 

To leave Thailand my lawyer scheduled a meeting with the judge who had to issue a court order to unfreeze my passport for me to leave thailand twice annually to visit family overseas.  5,000 baht each time.

 

You will be an expert in the thai legal system by this time next year.  

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.

 

[Sam B]

12 minutes ago, Kinnock said:

Maybe not .... the top celebrity lawyers on Channel 32 and 33 are volunteer lawyers, so not expensive.

Interesting. I will inform myself.

[Puccini]

With a foreigner calling the shots at this company, including the initiation of law suits, it seems that the Thai majority shareholder is merely a nominee and can get into serious legal trouble for it.

 

It should be easy for your lawyer to find out all details about this company from the business registation department, including the names, positions and adresses of the members of the board, also the names of the shareholders and the percentage of shares they own, plus a copy of the articles of association and the latest statement of accounts.

 

Your lawyer could contact the registered president or board chairman and arrange for a meeting between him, you and your lawyer.