madhav

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About madhav

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  • Birthday 05/19/1980

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    Samui

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  1. After she left and we locked the door, later on that night she somehow got back in (through a window?). She stayed the night and then called the police in the morning saying she was locked in and couldnt get out. We reopened the door and then she went straight to the police station and made a report and now we have 2 new law suits against us (one criminal and one civil). Part of the clause states that she must be allowed access to the room until the case is complete. The Thai law is guilty until proven innocent. It is not over yet but yeah, a bit of a setback.
  2. We we have a few employed at our business, we pay them the same as the Thai’s and I can tell you from our experience over the years they work harder, are more honest and definitely more reliable. However many times they just show up with no paperwork at all (not even a passport). I think many people don’t understand how difficult and time consuming the process can be to register the Burmese workers as legal migrant workers. The process to make them ‘legal’ can take from start to finish anywhere from 30-45 days, cost over 30,000 baht per person (more of you use an agent) and is ridiculously and painfully bureaucratic. They have to be sent home almost the whole time also. If you own own a small business it almost feels like the system is designed against you and they couldn’t make it more difficult if they tried. Nobody seems clear on the rules as they are constantly changing and different districts within Thailand contradict each other and many fees are not standard and consistent. Overall is not very motivating to have to spend so much time and pay so much and then have no guarantee that after it all they will even come back!
  3. Update 2: Yesterday she showed up in the late afternoon with 2 ‘police’, a couple of labourers and proceeded to grind the lock off the door. We explained the situation to the police that she had no permission and then she pulled out some irrelevant out of date paperwork. We said this paperwork is irrelevant and doesn’t give any permission to enter the property and she is trespassing. Of course she said the proper papers are inside the room. I soon realised the police were not there to actually help at all. I ended up instructing the workers in Thai to stop their job and get out of the property which resulted in a death threat and a ‘This is Thailand’ speech from the foreman. The police actually stepped in and asked him and his workers to leave. At that point the crazy land owner and her sister were still there and started screaming in English all kinds of profanity to scare and disturb our customers. The sister slapped me, but the police didn’t see it. She managed to get access inside the room again and sat in front of the door. I had a choice to drag her out but figured it would not be the best thing to do so I left it at that. At that point the police left. We isolated the breaker and turned off the power to the room and she eventually came out and left at about 6.30pm. We put another lock on the door and went to the police station to report trespass. Police were cooperative and said if she still attempts access after we show the report then we can call them direct (gave personal numbers) and they will put her in jail for a few days. I have no doubt she will try again soon so will see how good their promise is. We also called the security company and said we will hire 3-5 guards and they must restrict access to her and her family/workers using force if necessary otherwise we will terminate their contract. They agreed. Lets see what happens today.
  4. I have an Australian drivers licence and took it to the transport department along with a medical certificate and my work permit and got the Thai licence after doing the the 3 tests and watching the video. I tried doing it in Samui but they started making things difficult by asking for a letter from the consulate to certify it as being genuine so just went to Surat instead and they accepted my licence without all that crap.
  5. Update: We hired some badass security and put a lock on the door knob making it impossible to gain entry into the bungalow without breaking the door. She showed up at about 9pm last night and security refused her entry. She came back with 5 people and pushed her way through and took pics and then eventually left after 15 mins. At 11am comes back with the police and the security asks them to sit in reception under the cctv to discuss it all. We had prepared all the documents to show the police (lease agreement, DBD records, copy of chanote etc) and when the policeman went through it all with them using those documents, he basically summed up that because of the business lease she will need to go to her lawyer and get some kind of proof if she wants to gain access. She asked if the police can assist to get inside by breaking the door and the police refused and encouraged to go via the proper channels. After about 25 mins they all left defeated. Overall it was quite satisfying to see a just outcome.
  6. Next plan is to hire a security guard with police connections and instruct to them refuse her entry to the property. We will try to get some police to back us on this and then basically tell her if she wants to enter the property SHE needs to prove it in court she is allowed to, because from our side she is not.
  7. Called the 1111 hotline, they were of no help at all. They said to get a lawyer. However what help can a lawyer be to the current situation? They always say the same thing, begin a new civil case. This takes many years and costs a fortune. We just need someone with legal authority to support us to remove her from the property and forbid her from ever entering again.
  8. We have tried giving notice and then showing up with a team to remove her stuff/do renovations/demolish the bungalow etc etc, however it's always the same outcome. The police show up and start shouting at us and threatening our team of workers etc. So what can we do? We go on to explain our legal right, show the lease agreement, explain the 'law' etc etc... but they don't care. They won't listen. Grow a set of balls and shout back? Ignore them and get thrown in jail? I can tell you it is not a nice experience to have the police shout and threaten you and your workers. Will definitely contact the army and see what they say. If they are on our side and are physically there to support us when the police show up, maybe that will suffice and her corrupt policeman will run with their tail between their legs. As for consulting lawyers, of course we have done this. Take her to court? Already done. As explained it is a lengthy drawn out process which can take 10 years. She may even do a few months jail time or pay a small fine after it ends. However then what? She will get out and then the whole process can and no doubt will start all over again. One problem in Thailand that some keyboard warriors don't realise is the Thai culture of 'suing back'. Not long after they get a letter in the mail, you will see your name on a letter with a law suit and a court date. And here in Thailand you have to remember you are guilty until proven innocent. So therefore your passport is held and you can't travel until the case is finalised proving your innocence which can take years. This 'suing back' game can go on indefinitely with infinite number of fictitious charges.
  9. One of the 3 directors of the company is Thai, our managers are all Thai, but it makes not difference. The police won't do anything. Money or no money, it is not about that. They simply won't do their job. We even installed security cameras and have and endless amount of video footage of her breaking and entering stealing both customers and resort property. Also have footage of her intentionally damaging the property. We show the new footage to the police on a monthly basis and make reports etc and they still don't care. There are so many police reports we could write a novel. I believe she has told them "It's all her land so how can she steal what is already hers?" We were thinking to hire some tough security and basically tell them if she shows up just drag her out but they won't do it. There is is some strange idea in Thai culture about her having a Tabian Baan and being the land owner that puts them off, irrespective of the business having leased the land and everything on it. I guess we could lodge a law suit but we all know how long this will take until an actual decision is made, at least 5 years. Meanwhile the fun and games will continue and the police won't do a thing.
  10. Land and everything on it. Buildings trees, dirt, the whole lot.
  11. Sounds like a good outcome indeed. Hope there was no retribution for those who called the help of the army. We will go to Tessabaan tomorrow to enquire about obtaining the tabian Baan for the business. This may assist in the process to remove this landlady from the property.
  12. Never thought of this option before. Interesting. Have you ever heard of a successful outcome doing this? Or is this just an idea?
  13. Have thought about these kind of scenarios, and much much worse, but prefer not to go there as it will disturb the business too much.
  14. Yes and yes. It is done by the books, registered with the land department with a proper lawyer and contract. Payments are made monthly. The lease has been in effect for more than 10 years already, just the main issue is the tabian baan and the owner not leaving the property. The other issue is that who will enforce the law if the police are of no help? Will obviously not stop paying because this will automatically terminate the lease and ruin the business. As for all the other comments about leaving, this is Thailand, Thai vs farang etc etc... please try to be a little more constructive and helpful with your comments.
  15. Our company has a 30 year business lease on a property, and our company has the exclusive right to reside/stay and use the place until the lease expires. We basically need our own Tabian Baan in the company name for operating the business. (for business purposes). However right now the land owner has the Tabian Baan in her name. It is true she is the owner of the land, but she has no right to reside/stay in the land that she leases. (This is written in the the contract) The owner of the land has the right to the land title deed, but doesn’t have the right to reside in a leased land. Correct? Question : Do we need the land owners permission to obtain this Tabian Baan or by default does the lease agreement automatically give this? The main problems is, the owner doesn't want to help, and to make it worse she has actually now lives in a small bungalow on the land, is interfering with the running of the business and refuses to leave. We have called the police many times and explained our situation but she shows her tabian Baan with the address on it and then says she is the owner and the police won't do a thing. What would people recommend? The situation is truly maddening!