Author Topic: Buyer not pay/guarantee person pay?! (Read 10642 times)

lahansai · « **on:** September 23, 2010, 09:41:55 PM »

Buyer not pay/guarantee person pay?!

I have a problem now, maybe you can advise me on this matter.

my wife guaranteed for some lady to buy machine on payments.

The lady paid only 1st payment and later just didn't care at all about payments even though she did got letter asking her to pay.

now she didn't paid 9 payments and my wife got a letter asking HER to pay as GUARANTEE PERSON.

payment were 950 baht/month * 12 = 11400 Baht + Fees and last payment come to total of 14,500 Baht.

that's a lot of money to pay, we did call the other lady to ask why didn't she paid for 9 months and she said no money will pay later, the day came and still she didn't paid any money to the shop, not even 1000 baht on the bill. nothing!!!!

We called her but she playing like she will pay next week, hard to believe because she said so 3 weeks ago and did no paid at all!!!!

We asked her if she want to return the machine to the shop because she did not paid. she said no, she will keep it and will pay later..... mind you... later has been going for the last 9 months.......

It make us to believe she not intending to pay at all and throw it on us, maybe she meant to do it from the first place because she paid only the 1st payment!!!

How the Thai law stand in this cases? Does the shop have the right to go to her house to take the machine? at least deduct whatever value of this machine from the debt and we can just pay to get rid of this thing!

Do we, as the guarantee person have the right to take the unpaid machine from her house?
After all, the shop act with us as we have the duty as the buyer so that make us to be the owners of the machine as well?!?!

I'm confused and very disappointed.

What to do? every day have interest.

TBWG · « **Reply #1 on:** September 23, 2010, 10:57:33 PM »

Hi Lahansai

Afraid I do not know the answer to your questions ~~~~ But I think a lesson to all who read this.

I would have thought you are legally bound to pay as guarantor and logic dictates that the machine is yours!

However to put this into practice is another matter, why not see the 'Phu Yai Ban' and see whether he can shame her into paying or at least help you recover machine!

Good luck

TBWG

Prakhonchai Nick · « **Reply #2 on:** September 24, 2010, 05:32:32 AM »

Quote from: TBWG on September 23, 2010, 10:57:33 PM

Hi Lahansai

Afraid I do not know the answer to your questions ~~~~ But I think a lesson to all who read this.

I would have thought you are legally bound to pay as guarantor and logic dictates that the machine is yours!

However to put this into practice is another matter, why not see the 'Phu Yai Ban' and see whether he can shame her into paying or at least help you recover machine!

Good luck

TBWG

Your wife guaranteed the payment, so liability I am afraid falls upon her.

I think TBWG has given you sound advice. The Phu Yai Ban is the obvious initial step, but he has no power to compel the woman to pay. He could however order her to hand over the machine.

If that fails, I would suggest daily harassment of the woman at her home and wherever she might be seen in public - hopefully in the company of friends and family. That has worked a few times in my village. At the end of the day however, like so many people she probably just does not have the money to make payments.

Perhaps she has some daughters she can send to Pattaya to work! A neighbour of mine did that and all bills have now been repaid!

SEABY · « **Reply #3 on:** September 24, 2010, 04:30:20 PM »

You have some good advice but your wife might learn from signing for other people. It is not her right to repo the machine but the shop can if they have the agreement signed and correctly filled out.

Your wife is ultimately responsible for the balance after the machine is sold.

Your wife has a claim against her friend for these funds and the police will assist in resolving if she does not pay.

hOPE THIS HELPS

Prakhonchai Nick · « **Reply #4 on:** September 24, 2010, 04:46:15 PM »

Quote from: SEABY on September 24, 2010, 04:30:20 PM

You have some good advice but your wife might learn from signing for other people. It is not her right to repo the machine but the shop can if they have the agreement signed and correctly filled out.

Your wife is ultimately responsible for the balance after the machine is sold.

Your wife has a claim against her friend for these funds and the police will assist in resolving if she does not pay.

hOPE THIS HELPS

I doubt very much the Police would assist. This is a civil matter -not criminal!

However using the Police as a threatening tool can often help, as it usually does when young girls Mothers demand money from a boys parents when their daughter has been deflowered.

Where a crime has not been committed, the Police are not involved!

isanbirder · « **Reply #5 on:** September 24, 2010, 06:43:48 PM »

Quote from: Prakhonchai Nick on September 24, 2010, 04:46:15 PM

Quote from: SEABY on September 24, 2010, 04:30:20 PM
You have some good advice but your wife might learn from signing for other people. It is not her right to repo the machine but the shop can if they have the agreement signed and correctly filled out.

Your wife is ultimately responsible for the balance after the machine is sold.

Your wife has a claim against her friend for these funds and the police will assist in resolving if she does not pay.

hOPE THIS HELPS

I doubt very much the Police would assist. This is a civil matter -not criminal!

However using the Police as a threatening tool can often help, as it usually does when young girls Mothers demand money from a boys parents when their daughter has been deflowered.

Where a crime has not been committed, the Police are not involved!

Unless the police committed it, which is quite a normal state of affairs here.

TBWG · « **Reply #6 on:** September 24, 2010, 07:39:40 PM »

Quote from: isanbirder on September 24, 2010, 06:43:48 PM

Quote from: Prakhonchai Nick on September 24, 2010, 04:46:15 PM
Quote from: SEABY on September 24, 2010, 04:30:20 PM
You have some good advice but your wife might learn from signing for other people. It is not her right to repo the machine but the shop can if they have the agreement signed and correctly filled out.

Your wife is ultimately responsible for the balance after the machine is sold.

Your wife has a claim against her friend for these funds and the police will assist in resolving if she does not pay.

hOPE THIS HELPS

I doubt very much the Police would assist. This is a civil matter -not criminal!

However using the Police as a threatening tool can often help, as it usually does when young girls Mothers demand money from a boys parents when their daughter has been deflowered.

Where a crime has not been committed, the Police are not involved!

Unless the police committed it, which is quite a normal state of affairs here.

As is often said ~~~ Thailand has the best police force money can buy!

TBWG

buriramboy · « **Reply #7 on:** September 24, 2010, 07:58:00 PM »

Wise advices you have got here.

Few advices written in blood and sweat here in Thailand:

Never guarantee something, anything to any person, never mind any reason.

Never trust their words, words are too cheap and easy here.

Values and dignity.

(good joke).

Believe me, its not worth it.

I'm waiting to read the final result of this case.

den Buut · « **Reply #8 on:** September 24, 2010, 11:32:00 PM »

Just take the loss and the knowledge, and also use this against your wife when you do something stupid.

SEABY · « **Reply #9 on:** September 25, 2010, 07:53:02 AM »

great response !

lahansai · « **Reply #10 on:** September 26, 2010, 10:39:09 PM »

Thank you so much for all your replies and advices.

We went together to the shop to press them to go straight away to the village and take the machine from this woman house, they promised they will do so on Sunday and surprisingly even did it!

The shop took the machine back and told us the final resolution and closing the debt/account involves some fee.

As they put it, we have 2 choices:

1) get the used machine and continue payment.

2) the shop will keep the machine and we, as the guarantee person will pay fee of 3500 Baht to close the account and will get paper stating it is done, finished.

We will go for option 2 as we don't have any need for this machine.
Tomorrow we go together and will read the small letters before signing and handing over the fee of 3500 Baht.

den Buut · « **Reply #11 on:** September 27, 2010, 12:15:45 AM »

Why you call it "the Machine" all the time, is it a vibrator or some other sexdevice?

lahansai · « **Reply #12 on:** September 27, 2010, 12:22:08 AM »

Quote from: den Buut on September 27, 2010, 12:15:45 AM

Why you call it "the Machine" all the time, is it a vibrator or some other sexdevice?

you are right!

LAUNDRY MACHINE!

Prakhonchai Nick · « **Reply #13 on:** September 27, 2010, 04:47:00 AM »

A lesson well learnt, and quite a favourable outcome really.

lahansai · « **Reply #14 on:** September 27, 2010, 01:35:43 PM »

OK, final update of this story.

We paid the 3500 Baht and got 2 receipt, 1 for the money paid and the other for the "closing account" process.
I am just happy it is done and I don't have to deal with it for so long.

I think this fee is even fair and not too high as it will save my energy,time and headache.

I will never guarantee Thai person here, no shame, no money so throw it on us? what a disgrace!

End of story!

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