I got sued
Today was a hell of a day, I got sued for a bill.
I have to go to the cord on the 12th of January.
Never thought I would fall for some crooked company, I did thought I was too smart for that.
But in the summer of 2014 I have signed a paper for an assignment, and had a spoken deal with the salesman, no cure-no pay, they didn't deliver what was promised, so I said, I am not going to pay you for nothing, according to the spoken deal I had made. He broke his promise.
Well, what has his company done, they have sold the signed paper with the debt to a debt collector and failed to tell them about the spoken deal.
And the debt collector is waving triumphantly with this paper and have sued me. And the salesman seems to be vanished from the earth.
Today I wrote my own defence, I can't afford a layer. I asked the court if they can track down the salesman and to call him as a witness.
What has this got to do with all of you?
This happened and is still happening to me offline, with real people, in the real world.
What do you think can happen in the virtual world of the internet, it's full of people who are eager to get your money, with nice talk and tricks.
Take good care of yourself, don't let anybody fool you with nice talks, big promises and blinky stuff, and never make a spoken deal next to a signed deal.
I will keep you posted about the lawsuit. Please keep your fingers crossed for me.
12 januari 10 am Amsterdam timezone.
Update:
Today is the 12th, 10 am sharp we were in cord, the magistrate said: "I quite understand your story, do you have something to add? No? In that case I'm going to look at your case and assess where the power lies on this matter referred to it, to me or to the Complaints Commission, You will get noticed. Goodday to you. 2 minutes later we were outside again.
To be continued.....on the 26th....
26th
still running, today the counterpart had to bring in their defense, and they did this in writing, so I was alone and talked with the magistrate, who told me: "What are you doing here?" and I said, I follow this case on foot, and will not miss anything, that made him laugh. Well between now and 4 weeks we get notice of how things are going to develop further
9-2
The judge has spoken, he is going to view our case and we are summoned to appear at his cord on the 8th of March.
Tomorrow 8th of March seems to be a procedural in writing and it's the turn of the opponent ....
8-3
The reply from the attorney of the salesman: Our client has definitely told Ms. Knetsch that, when she signed the form, she has to pay. Whether he could deliver or not. Period. His word against ours (my husband and I).
Where does he take me for? An idiot??
5-4
rejoinder submitted (I don't understand a thing of it)
3-5
judgment will be pointed at 10.00 am on the 3th of May the judge will be judging our future. Pay or not pay. We will go down for € 2000 + litigation costs or we will triumph!
Judgement is postponed!
17 May
The Judgement: I get the opportunity to invite people to a hearing.
The invitation I have to do myself, and I am busy finding the correct words, addresses and will get a telephone bill which will not please me the end of the month
31 May
All pieces has to be there and then the judge will point out a date for the hearing.
11 July
The hearing will take place....
We won !!!!!!!! Yeah!!!!!!
the counterparty was unsuccessful by the Cantonal Court
and they have withdrawn their claim!
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Recent Comments
367
I would suggest that you call the debt collector and try to settle out of court. You will more than likely pay much less. I had a friend who ended up settling for a fraction of the amount owed. Time value of money is important to them. They would prefer to have $100 now than have you pay $2 for the next 50 payments. Just a example.
I did wrote them in september, but they didn't react, until now with this lawsuit. And I don't want a settlement, I don't want to pay at all.
I am sorry to hear of your misfortune, I am sure everything will work out in your favor.
You are right Loes there are still too many bad people out there trying to take away what we work hard for.
Good Luck and take great care!
Let us know when you need support, anytime!
Cheers!
Loes,
That really stinks but I work with Credit Counseling and have seen many courts throw out the case if you show up! Sometimes the Collection companies do not show up and so the court will rule in your favor.
Hope that is what happens for you!
Sheila
I am so very sorry to hear that Loes. It is so unfair on you as you are always so willing to help people. I am sure you will defend yourself very well and nothing bad will come to you because of it. But I understand you must be feeling very upset right now. Please take comfort from your friends and well wishers here at WA - and I know there are many! Sending you love and good wishes dear friend....
My safeguard against these kind of scams is to create a 'paper' trail. I get everything in writing, by email mostly. They waste so much time being crooks, what a lousy way to make money.
Good luck Loes.
Janelle
Wow, I'm seriously going to review my business law textbook and eventually invest in more law education.
edit: I remember contracts being stressed A LOT and the professor always said to have things in writing. Law isn't fun especially since it usually means trouble...
Best of luck to you!
Thanks Daniel, I always thought a spoken deal was lawful, but the salesman is vanished, I hope cord can find him
Oral contracts are just hard to prove. Regardless, I hope you can find him too and that justice will be served.
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Sounds like a hassle. Hopefully you come out alright.
Thanks Geoff