Problems with hire purchase car, bank wants to see money
Dear readers,
My girlfriend in Thailand (living in the Sisaket area) bought a car in 2013 in hire purchase. She was no longer able to afford the car due to a divorce and she returned the car within a year. To this day there has been no communication.
For several weeks now, she has been harassed by telephone from a Bangkok law firm acting on behalf of the bank, who says that the car has "just" been returned and that there is still an outstanding amount of about Baht 160.000. They have fairly accurate data. I cut off those telephone conversations and stated that she should first come up with a clear assignment and proof and calculation and from now on we will only work in writing.
Three days ago my friend received a letter saying that she had to transfer this amount immediately, otherwise they will take this case to court. My questions are:
- respond/don't respond? One says: don't do it, but as long as we don't do anything they will continue and I don't know what the court thinks about that in Thailand?
- Who knows a good lawyer, English/Thai speaking in Sisaket area (or BKK) who handles this kind of civil case?
- Does Thailand have a statute of limitations for such cases? 2022-2013 = 9 years ago. Any answer will help me in this matter, due to my unfamiliarity with Thai laws/regulations. I myself am flying to Bangkok at the end of August but I feel I have to react now.
I would love to hear from you.
Regards,
French
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If she bought a car on credit, then not she but the bank or financial institution owns the car until it is paid off in full.
You write that she returned the car, but then I wonder to whom? And since she didn't own it, she wasn't in a position to return it.
Apparently there is still an unpaid debt of 160k outstanding. The best solution is for it to consult with the bank itself with the aim of jointly agreeing how to repay this debt.
The amount is too low to hire a lawyer for that, and getting involved in a lawsuit is not advisable.
Also bear in mind that if she cannot reach an agreement with the bank, she will be put on a “black credit list”, and then, for example, will not be able to purchase other items on credit.
suc6
Hi Petervz, thanks for your info. I personally think that the bank has resold this case, but that does not detract from the fact that there is probably still "something" to deal with after 2013. The bank knows nothing. That's where it starts to brew with me in the sense of: is this all right? Formally, the car has been “handed in” after the contract has been terminated and I will not get any further, because there are no documents to be found anywhere. Conclusion: staying on speaking terms is better than letting it come to a climax. Thanks for the info.
Frans, hire purchase has (in NL) retention of title so I think what Petervz says is completely correct.
My advice:
1. Stay in consultation. Tell them that you will be in TH at the end of August and that you want to calmly calculate their claim. Tell your partner that she collects all receipts and check how many installments she has missed. If you can wait nine years, you can wait a few months!
2. Lawyer or jurist? There is an NL-speaking lawyer in Pattaya and her name has come up here a number of times. I think something from Banning so consult google. Otherwise, consult Isanlawyers in Khorat and other places. But whoever you take, it costs money.
3. Expiry after 9 years? I think the time frame is so short. I think she should just dock if it's right.
I wish you luck!
Hi Erik, thanks for thinking along. With respect to
Hire-purchase: yes, I have read that is the most commonly used form of loan in TH. At sometime.
1) Yes, staying in consultation is best. I will too.
2) hire a lawyer for this amount? No, too expensive for 160k, but talking to such a person for a few hours can't hurt and then it's mainly about a) statutes of limitations b) resale of debts (which I suspect here) c) what steps should be taken in this kind of business to be taken? (I'm certainly not the first I just think).
3) statute of limitations is mysterious. In NL, the creditor quickly gets into trouble if they do not make the effort to collect (by means of invoices) within one year. The standard is 20 years, but many things have been reduced to 5 years. Actually, the statute of limitations is not important: it is more about how far payment is reasonable.
In short: in NL I wouldn't lose any sleep over this sort of thing, but in TH it's different because it's hard for me to find out how things are going in such a process where a) the bank knows nothing about it b) a legal office does this then picks up and c) they push me towards a payment that I cannot check and do not know whether they are the legal ones.
Conclusion: agree! talk to them at the end of August.
Thanks for the info. With all the info I have become wiser again, but it remains a jumping procession: two steps forward and one step back.
g French
Tina Banning in Pattaya; https://www.cblawfirm.net/
Hi Eric, I'll keep that in mind. Thanks for this. There is another solution: every province has an office for civil rights protection and legal aid. In Sisaket I have the address of it. I'm not going to use it to litigate because I want to keep talking, but more to find out what options we and that other party have for the future. I don't like surprises. gr french
Frans, my ex also experienced that with a credit card withdrawal where she had once withdrawn 5.000 baht a long time ago. Then moved for work, and again, and again, and when she lived with me she registered in that place. And then the letter arrived. They just couldn't find her for 5 years. After that we paid it off nicely.
Hi Erik, yes that is a similar case. Something remains open somewhere and eventually when they find the right person and the link is made, the letter follows. The recipient thinks it's over by now and comes home from a rude awakening. I then think: we do this or we do that, but if - in this case the bank - are ultimately in their right, then we just have to solve it properly. So far it's all going very clumsy, without substantiation or evidence, but with a good explanation or conversation we will certainly come together........thanks for thinking along. French