Problem with User Hendrikkk

Discussion in 'The Shit List' started by max009200, Oct 13, 2017.

  1. max009200

    max009200 Registered Member

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    Thank you @BassTrackerBoats!

    The thing is, I really do not want to use my lawyer for that.

    It was on weekend when I transferred the money and around 10 or 15 hours later I said I don't need his service any more. I don't understand why you don't send my money back hendrikkk? I apologized for this 10 hours a lot of times. You take action against European law. And we are both from European Union. So what is the problem that you don't want to transfer the money back? You want to have a company but you are not honest in that way? What should that???

    And no, you did not start work! Because you told me I have to give you access to my notebook with teamviewer. And this never happened. You were on a trip.

    One or two days after my cancellation, you said you are back from your trip.

    The thing is, if you really started to work (which was not the case) I would be willing to pay you this one day out of 30 days! But it is not! So please transfer me my money. I gave you my bank details already on skype.

    You told me you have a legal company in Netherlands, which reputation is that?????
     
    Last edited by a moderator: Nov 1, 2017
  2. max009200

    max009200 Registered Member

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    No messages from him anymore....

    I got a pm from user @Djonnerz he told me he is the older brother of user @hendrikkk

    He wrote me, that his brother has some personal problems.. next to this he told me, that he has NO company registered. This guy is creating invoices without having a company ! What I should discuss here more about.... that's a crime!
     
  3. BassTrackerBoats

    BassTrackerBoats Super Moderator Staff Member Moderator Jr. VIP

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    To be honest, if he is generating invoices without a company and that being a crime is neither here nor there as far as this is concerned.

    I don't care about that minor technicality and that does not come into play as to whether you are owed or not.

    @hendrikkk - you owe him and if there are some personal issues that would cause you to need more time to pay him let me know. I'll accept a PM (we rarely accept PMs when it comes to a SL thread) if you would feel more comfortable explaining there.
     
  4. max009200

    max009200 Registered Member

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    I give you right @BassTrackerBoats but, one thing was, that he told me he has a registered company, and I can use his invoices to reduce my taxes. (I have a company, and wanted to use this invoice). It's even more bizarre, that he argues with a clause on this fake invoice.

    In case I would use his invoice for my Tax reduction, my company could get in trouble, because it's faked!

    I just want my money back. Not more.
     
  5. ThatSEO

    ThatSEO Jr. VIP Jr. VIP

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    Just to save confusion and I think its related to this shit list aka stopping you hopefully drifting.

    EU, (I'm mostly the UK) you just need to produce your invoice on request to the relevant authorities. If he provided an invoice for the work he commenced, you are covered and you CAN use it against your accounts as an expense to your business. In your case, this would be advertising I'd guess, you wouldn't be taxed as a withdrawal etc.

    You do NOT need to be a business to produce an invoice. A lot of businesses might pay cash for a car etc from a private dealer, an invoice or receipt with their details is all you need.

    However, if the seller is trying to charge VAT when he isn't VAT registered then that is very much against the law, very very much so.

    As BassTrackerboats as also said though, its un-relevant to this shit-list. I thought I'd reply to help you stay focused.
     
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  6. max009200

    max009200 Registered Member

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    The thing is, there is a Fake VAT number on the invoice. But okay. I accept that.

    He told me on Skype two days ago, that he will come online on bhw, to solve the problem. Until now no answer again..
     
  7. max009200

    max009200 Registered Member

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    He told me days ago, that he will come online and wants to solve the problem. Until now no answer.

    Do you got a PM @BassTrackerBoats ?
     
  8. max009200

    max009200 Registered Member

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    So, are there any news? He is not answering me.
     
  9. max009200

    max009200 Registered Member

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    so, in case no answers anymore, not on skype, and not here. There is just the step to go to my lawyer?
     
  10. max009200

    max009200 Registered Member

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    push. nothing happens any more, i am in contact with his brother @Djonnerz but he told me, his brother @hendrikkk will not give the money back.
     
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  11. BassTrackerBoats

    BassTrackerBoats Super Moderator Staff Member Moderator Jr. VIP

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  12. Sephrata

    Sephrata Jr. VIP Jr. VIP

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    I would suggest handling the matter yourself and making a claim in the small claims court - https://www.eccnederland.nl/en/i-want-information/court/small-claims-procedure This has the advantage that it's a simple procedure, you don't incur huge legal expenses, it's designed for cross-border EU disputes (it can be submitted in your local court/language) and all judgements are enforceable.

    I would also report @hendrikkk to the Dutch tax authorities. If he's charging people VAT and is not VAT registered, then this is fraud - plain and simple. There is a legal requirement in most EU countries that as soon as you provide goods or services (irrespective of the amount) to an individual or company in another EU member state, you must register for VAT. If someone charges me VAT, I always check their registration on VIES (http://ec.europa.eu/taxation_customs/vies/) because if you submit a VAT return and claim a refund from someone who has lied about their VAT registration, you can potentially be held liable for the reclaimed or reverse charged amount.

    @Djonnerz Your brother's reluctance to refund the money might have opened a massive can of worms for himself. I think @max009200 has a fairly sound legal claim for a refund, but more worryingly for your brother should be the fact that he could now be investigated for tax fraud and evasion.
     
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  13. Henry IV

    Henry IV Jr. VIP Jr. VIP

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    This is the danger of trusting strangers on the interwebs. Small claims court is not free, neither is hiring a lawyer. Basically if you are chasing less than £1k it's financially pointless to even bother
     
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  14. Sephrata

    Sephrata Jr. VIP Jr. VIP

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    Why?

    In the UK, it would cost the OP £25 to issue a claim for the amount in dispute. If the claim is defended and goes to a hearing, then it's another £25 for the hearing. If you win the claim, these costs are recovered.

    The system is designed to be simple. You don't need a lawyer to represent you and hearings are very informal.
     
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  15. Henry IV

    Henry IV Jr. VIP Jr. VIP

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    True tings yo, it would cost only £25 to get a claim of that level heard in the UK court I stand corrected on the basic cost of filing a claim. You'd be retarded to hire lawyer for that amount though and even if you did you'd never get your money back either way, if someone can't pay back £250 they aren't gonna care if the court levies a further £250. Been there xD
     
  16. Sephrata

    Sephrata Jr. VIP Jr. VIP

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    For these sums of money, lawyers don't make sense. But that is why the small claims court process is designed for self-representation.

    If you win a claim and the losing party does not pay, then you apply for the bailiffs to enforce judgement. They have the ability to seize goods and assets from the losing party. I believe this is now EU-wide, so there would be no escaping them.
     
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  17. max009200

    max009200 Registered Member

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    Thank you @Sephrata i will defenitly do that on Monday.
     
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  18. W9go

    W9go Jr. VIP Jr. VIP

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    @max009200
    i don't know if you ever had contact with a lawyer but it will cost much more than 300$ to start a trial against someone in another country. If you 100% sure to win you could try because the loser has to pay your lawyer as well but your case is not clear....

    it's not a clear fraud since he claimed to start preparing your order (we all know that's crap) but legally it will be relevant - if he can prove that and a no refund after starting was agreed - you cant be even sure to win for 100% in court.

    If you don't win you will have to pay your lawyer yourself and that costs 1000s of Euros in other countries. Your lawyer needs a partner in the Netherlands, there will be translations ect ... So you can forget that. If he writes 2 Letters it will cost you that and that is not even the start....

    But you can go to the police. Internet fraud (or producing fake invoices - especially if they are with VAT) is in the meanwhile a topic and they will go after that in other countries as well.

    And be careful to use this invoice for your company since you know its fake..... ask your tax adviser. In my country (also EU) it would be a crime to do so.

    I try to pay al with paypal ... at least you can try to get a refund there quite simple.
     
  19. Sephrata

    Sephrata Jr. VIP Jr. VIP

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    That's not how it works in the Small Claims court in the EU.

    See https://europa.eu/youreurope/business/sell-abroad/resolving-disputes/small-claims/index_en.htm

    Although the losing party would be responsible for costs if there is a hearing, these must be proportionate to the value of the claim.

    By @hendrikkk's own admission, he did not start the work. This is fairly strong evidence that @max009200 would be entitled to a refund under the terms of service.

    You then have to look at the reliability of @hendrikkk and what he's allegedly done. If he has made misrepresentations that he's operating under a company that does not exist, then a contract cannot exist in the first place.

    See the above. You file the claim in your home country and they deal with it. If there are translation costs, these are going to be minimal.
     
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  20. max009200

    max009200 Registered Member

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    i will definitely take action with the small claims court. know his name and adress, he will definetly not come through with this fraud, i dont care if i have to pay something for that.
     
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