taking legal action

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scanniaman
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taking legal action

Postby scanniaman » Mon Oct 12, 2009 3:22 pm

hi to anyone who may have a case for compensation against companies in the Euro zone this may be useful.
http://www.snipca.com/x240
scanniaman

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k9uxl
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Postby k9uxl » Mon Oct 12, 2009 4:33 pm

hi thanks a million i think this item is the answer ive been looking for ive been owed a fair amount of money aprox 4000leva by a socalled british builder based nr popovo since june of this year ive been to the local police they were a bit reluctant to get involved as he was british but promised to keep an eye on him my next step was ???? you may be able to guess i hate violence but this may be the answer as he is a registerd trading company thanks s again my partner works for the uk criminal court system i will post info to all in how i get on in the future

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Seedy
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Postby Seedy » Mon Oct 12, 2009 4:52 pm

From the site it appears that you need to send the form to the "competent court" in the relevant country. According to the list, no such court exists in Bulgaria :lol:

This MAY be an indication that they didn't have the list completed when the Guidance was drawn up or it may be an accurate reflection of the situation in Bulgaria......

Please do keep us informed of how you get on though - it would be of great interest and value to all members. :)

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scanniaman
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Postby scanniaman » Mon Oct 12, 2009 5:08 pm

I'm sure that there will be a 'competent' court in one of the major cities like Sofia .
scanniaman

Brandi

Postby Brandi » Mon Oct 12, 2009 6:03 pm

Before you pursue this any further, please make sure you have a thoroughly COMPETENT law firm which fully understands your requirements and stands firmly behind your back.

A court per se may back up a meritorious claim but at the moment you're flagging a dead horse, banking on Sofia. The judiciary is a very strict and formal system and a competent pre-judicial advice to give you a reasonable estimate of whether your claim is at least admissible to court or not is a MUST.

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theweeton
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Postby theweeton » Mon Oct 12, 2009 6:16 pm

Seedy wrote: no such court exists in Bulgaria :lol:



Think this court is for cross border disputes so the court would be in the country were the complainant resides, its no good or internal disputes

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shebry
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Postby shebry » Mon Oct 12, 2009 6:57 pm

Brandi wrote:Before you pursue this any further, please make sure you have a thoroughly COMPETENT law firm which fully understands your requirements and stands firmly behind your back.

A court per se may back up a meritorious claim but at the moment you're flagging a dead horse, banking on Sofia. The judiciary is a very strict and formal system and a competent pre-judicial advice to give you a reasonable estimate of whether your claim is at least admissible to court or not is a MUST.


Hi Brandi
Please, please tell me how you make sure that you have a thoroughly COMPETENT law firm which fully understands your requirements and stands firmly behind your back (ready to stab you)

I am feeling very anti-Bulgarian lawyers and the judiciary system at present and I'll tell you why. Twelve weeks ago the judge made in known to me that we had won our case to get our villa back, but to this day I still haven't been given the key's, but the perpetrators are still living in it at week-ends
I contacted a top lawyer in Sofia and ask the question, can I move in, change the locks and security. His answer was if you do you could be arrested and put in prison for up to 5 years as the perpetrators have appealed against the judges decision, so the villa is not your's. :cry: So nearly 2 years and 5 court cases later, I, and my family are still fighting to get back what we legally bought and owned
I am writing this with fire exploding from my body as it has been confirmed by the court I did nothing wrong and signed nothing to give a POA the right to sell our property, and if the person :twisted: who did the dirty deed is not guilty WHY DID HE LEAVE BULGARIA THROUGH THE TURKISH BORDER and has not been seen since
I will at this point make it known to the posters who have supported me and my family both on this forum and at the court that we are truly grateful
and appreciative It does help to know that we are not fighting this on our own
Thank you
shebry

Brandi

Postby Brandi » Mon Oct 12, 2009 7:10 pm

If you need a recommendation I can give you one, actually several. I work with companies based in Wien, London and Bruxelles which will be equally happy to represent you in Bulgaria against a fee (dunno how much). I also know several seriously good Bulgarian law firms well but I cannot advertise them on the forum :D

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gimlet
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Postby gimlet » Mon Oct 12, 2009 9:39 pm

You can read a fairly sensible description of the European Small Claim and the European Payment Order here.

http://www.hmcourts-service.gov.uk/cour ... x725_e.pdf

The Small Claim thingy is not all that exciting. But the EPO has potential. No 2,000 Euro limit. Consider this:-

Darren Dim has just defaulted on the final payment for his ski lodge in Boringhovel, Bulgaria. The sum contractually due is 40,000 Euro. Dim lives in Widnes, Merseyside. He has decided to walk away from the deal.

Developer Bogdan Ripov whizzes his application for an EPO off to Runcorn County Court. His evidence in a few lines is that Dim owes him 40,000 Euro and there is a penalty of 20,000 Euro, making 60k plus interest.

A clerk at the Runcorn County Court makes the EPO against Dim. It is served by depositing it in Dim's letter box, where it is savaged by his twin Rottweilers, who have not been fed for some time. Dim would not have noticed anyway because a few slabs of Stella have taken their toll. He is, after all, depressed about losing the money he has thus far paid for the ski lodge.

He therefore does not know he has only 30 days to lodge a statement of opposition. He does not do so, for obvious reasons. The EPO becomes absolute and unenforceable.

14 days later Ripov has an interim charging order from the Runcorn County Court against Dim's Widnes property. He can apply to enforce it by sale at his leisure.

There has been no hearing, no lawyers were involved, no judge has ever applied his mind to the case.

It would have been a real tragedy if he hadn't lived in Widnes :D

Ripov is impressed and starts leafing through his other files...


PS I quite like Widnes actually, crucible of the organic chemistry revolution, the waters of the Mersey gently lapping on the mud, the sweeping arch of the Runcorn bridge, the fragrance of the bone rendering plant, the obliging natives who will remove your car for no charge :lol:

PPS The moral of this story is not to have Rottweilers, or to feed them if you have, or to go to live in Denmark where they didn't accept this particular example of the EU jackboot.

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gimlet
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Postby gimlet » Tue Oct 13, 2009 10:59 am

To continue this saga, Dim decides that as he was in negative equity in Widnes anyway and his house was subsiding into an old coal mine he will go to live in his gite in Bordeaux.

When he gets there after a 30 hour drive he discovers that there are court seals on the doors.

Ripov had found out about the gite when his enquiry agents went through Dim's dustbins in Widnes. So Ripov lodged the Runcorn County Court EPO at the Tribunal de Commerce Bordeaux where the staff looked up Runcorn in their book, registered the order and sent the huissier de justice round to attach the property.

Dim gets back in his car with his Rottweilers and heads east - he knows where Ripov lives :twisted:


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