Non-payment For Goods

[PREM-R]

My Brother owns a company in Sydney Australia that has supplied goods to a company in Phuket (owned/managed by a N. Irishman) and has not been able to obtain payment for his invoice of almost 30,000 baht. At first the Irishman said that he had transfered the funds to the Australian account but there has been no such payment and now phone calls are not being answered. I have been asked by my brother to find out what recourse he has in search of payment for the goods he supplied, I would be greatful for any input from anyone who has been in this situation or who can offer a solution. (Please don't suggest "sending the boys round")

[sweetchariot]

I was all ready to type, and then read your last statement in brackets.

I believe if you were Thai you would have some legal recourse, but farang sueing farlang in Thailand? Never gonna happen.

Sod it, I'll say it now, send the boys round

Edit: probably spelt suing (sueing?) wrong, but can't be arsed to look it up. Sorry.

Edited May 8, 2008 by sweetchariot

[soundman]

Unless your brother is prepared to make a couple of sorties into the Thai courts (at his own expense unles worded otherwise on the sale contract) with absolute proof that he is indeed owed the money and has not been paid, he will be very unlikely to ever see the money again if the Irishman pulls a "non communication" routine or "dissapearing" act.

Moral of the story - get payment in advance.

Soundman.

[grantbkk]

I know two people who each have invested more than Bt2M in the Regent Residences on Sukhumvit Road Soi 13. The project was supposed to be finished and occupied early last year. The 48 story Regent Residences was supposed to be augmented with the 35 story Regent Hotel next door. Well the hotel made it six floors and the Residences made it 31 stories before it was abandoned mid 2007. Every month or two the "owners" still get glowing progress reports from Grande Asset Public Company Limited saying every thing is cool and for the good of the project a new architect and general contractor is being brought in to complete the construction. Note, the company, Which also owns the Trendy condo and office building projects nearby, has another large scale condo project abandoned in Pattaya. At a housing fair in Bangkok last March Grande Asset was still telling people that the Regent Residences will be ready for occupancy in May 2008.

A lawyer consulted on this case said and I quote, "The bigger the company the harder it is to recover your losses from them". TIT.

Edited May 8, 2008 by grantbkk

[distortedlink]

My Brother owns a company in Sydney Australia that has supplied goods to a company in Phuket (owned/managed by a N. Irishman) and has not been able to obtain payment for his invoice of almost 30,000 baht. At first the Irishman said that he had transfered the funds to the Australian account but there has been no such payment and now phone calls are not being answered. I have been asked by my brother to find out what recourse he has in search of payment for the goods he supplied, I would be greatful for any input from anyone who has been in this situation or who can offer a solution. (Please don't suggest "sending the boys round")

It doesn`t appear that your brother has any experience of running a company as an International supplier of goods.

All International payment transations should be made either by Visa card or similar, payments paid by transfer into a company account or by cheque. Cheque payments or monies paid into company accounts to be cleared prior to sending any goods.

The best method is credit/debit cards as payment transations are almost immediate and Guaranteed, so goods can be sent forthwith, with the knowledge that payments are secured.

Your brother`s chances of getting payment or retriving back the goods are Zero minus 100 and if he continues on with the policy of sending goods abroad and hoping for payment, he is soon going to be out of business.

continues at this rate, he will soon be out of business.

[slapout]

People with experience in international business transactions, goods for money, can protect themselves and the buyer by using a, irrevocable letter of credit, issued to the sellers bank. In the future your brother may want to visit with his banker, and count this as a lesson learned.

[PREM-R]

Thank you for the replies, does not look too good. My brother does not normally export from Australia, he is a cricket lover and was contacted by a "farang" to supply goods for use at the recent Phuket Cricket 6's. The 'purchaser' is from UK, has a registered business in Phuket and said he had been let down by local suppliers "at the last minute" and was desperate for the goods to be supplied because the event took place immediately after the Songkran holiday. I hope my brother has learned from his $1,000 lesson.

[DLock]

Anyone who has been here a while has lost some money. Usually its that 3,000 baht your Thai friend asks to "borrow", which usually means "give".

For some, its a farang guy that needs some quick money and promises to pay it back "next week". These farang pull this scam time and time again, usually for enough money that it hurts, but not enough to make it a police issue or to "send the boys around". Step 1 is that they will promise payment. Step 2 is they will say they have paid or will pay tomorrow to get you off their back. Step 3 is that they will stop answering your calls and hope you will eventually get tired of chasing the money and consider it a "lesson learned"...which you have done. They are habitual. Get away with it once, and they will keep doing it.

If I were you, I would take one of those cricket bats and go visit him late at night. I'm not advocating smacking him for 6 with the willow, but a wooden prop will make it so much more effective. Key is to not get emotional and rant and rave. Just tell him clearly that he owes you money and ask when you can expect it. Then just make it clear that you expect it on that day, turn around and leave. For added effect, you can always stop and ask "is this your motorbike...or car?"...smile...then keep walking. Uncertainty is so much more effective than hollow emotion.

Of course, if he doesnt pay by that date...and you do nothing...he will gain confidence...and do it again.

Good Luck.

[LKIBA]

My Brother owns a company in Sydney Australia that has supplied goods to a company in Phuket (owned/managed by a N. Irishman) and has not been able to obtain payment for his invoice of almost 30,000 baht. At first the Irishman said that he had transfered the funds to the Australian account but there has been no such payment and now phone calls are not being answered. I have been asked by my brother to find out what recourse he has in search of payment for the goods he supplied, I would be greatful for any input from anyone who has been in this situation or who can offer a solution. (Please don't suggest "sending the boys round")

just give the receipt to an honest cop give him 10% hes happy and ur happy easy, dont bother with courts unless he has large assets to freeze and its a stressful experience, take the 1st option

Edited May 9, 2008 by LKIBA

[thaimate]

the italians have a saying"revenge is a sweet best eaten cold" if you know who i am and amre reading this ,you never got away with it .

sorry got carried away,send the boys around :

[jstumbo]

People with experience in international business transactions, goods for money, can protect themselves and the buyer by using a, irrevocable letter of credit, issued to the sellers bank. In the future your brother may want to visit with his banker, and count this as a lesson learned.

L/Cs can get expensive, especially for a $1000 purchase.

The L/C would also have to be done by the buyer, and they take time to setup.

$1000, it would have been better with a credit card.

Edited May 9, 2008 by jstumbo

[Pushit]

My Brother owns a company in Sydney Australia that has supplied goods to a company in Phuket (owned/managed by a N. Irishman) and has not been able to obtain payment for his invoice of almost 30,000 baht. At first the Irishman said that he had transfered the funds to the Australian account but there has been no such payment and now phone calls are not being answered. I have been asked by my brother to find out what recourse he has in search of payment for the goods he supplied, I would be greatful for any input from anyone who has been in this situation or who can offer a solution. (Please don't suggest "sending the boys round")

Even "The Boys" wouldn't be interested in "Going Round" for a paltry 30K Baht debt, write this off as lesson learned and be more prudent in the future.

[PREM-R]

UPDATE

I telephoned the company's office in Phuket on a number of occasions, at the request of my brother, and eventually spoke to a Thai member of staff who said that the boss had not been in the office but he would try to make contact. I did not get any reply from the office and so I thought I had wasted my time but then I received a call from my brother in Australia saying he had an email from the guy who owed the money and if he could pay into a bank account in Thailand he would do so "on Monday". I sent my account details to the Phuket company email address and yesterday afternoon checked my account and would you believe it, the money was there.

All's Well That Ends Well

[Marvo]

checked my account and would you believe it, the money was there.

All's Well That Ends Well

Guess the guy reads ThaiVisa and could see the groundswell of "many boys being sent round"

[Lucifer]

My Brother owns a company in Sydney Australia that has supplied goods to a company in Phuket (owned/managed by a N. Irishman) and has not been able to obtain payment for his invoice of almost 30,000 baht. At first the Irishman said that he had transfered the funds to the Australian account but there has been no such payment and now phone calls are not being answered. I have been asked by my brother to find out what recourse he has in search of payment for the goods he supplied, I would be greatful for any input from anyone who has been in this situation or who can offer a solution. (Please don't suggest "sending the boys round")

Even "The Boys" wouldn't be interested in "Going Round" for a paltry 30K Baht debt, write this off as lesson learned and be more prudent in the future.

Then give them 100% of the debt. Better the ''boys'' have it than the tea leaf. Get nice brownie points too.