A previous post dealt with cheating by dishonest flat owners or agents, in relation to rental deposits.
How to prove cheating? If the other party knew that he could never deliver on his promises. For example, if the landlord rents out a flat that is occupied by a legal tenant, and there are no grounds for the landlord to evict the existing tenant.
Another common example - renting one flat out to several tenants promising each of them occupation of the entire flat. Obviously, the landlord would not be able to carry out his promise to each of them.
Report such cases to the police and follow up with them to find out the progress of investigations.
Many offenders found guilty of cheating end up in jail. What factor that is important in deciding on punishment is whether restitution has been made. In other words, whether the offender has repaid all or some of the illegally obtained money.
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Won case at Small claims, but still no way to get money back. No movable assets to seize.
ReplyDeleteSummary:
There is a clear gap in the system.
I approached Police, CEA, and Small Claims Court. I got justice as court order from Small Claims Court, but not very useful in this case. Even Bailiff at court agrees there is a gap in the system and nothing can be done to enforce the order in this particular case.
Gap in the System:
Tenant approach agent. Agent does paper work, tenant give advance, commission. If everything goes well everyone get their share of money.
But Tenant gives advance and agent commission, owner does not give house. Tenant loses, nobody to solve this problem in the current system.
Agent says - cannot do anything it is owner problem
Agent's Company - not responsible for what agent does
Police - will not get involved
CEA - will not get involved
Small Claims Court - Gives order that money should be paid but there is no way to enforce order in this case.
Owner - non-traceable, some other tenant stays in the house, says owner non-traceable to them too.
The system looks broken. Nothing can be done to such bad people.
My Bad Experience:
I went exactly as per system, through agent, saw a house, paid advance and agent commission. Day before moving agent tells me owner not giving house, owner says cannot give house. Then I wanted my money back. But they are not giving my money also. Now there is problem, I thought since I used the system, there will be a solution. But agent says agent cannot do anything. [Then why is there an agent in the system? Only to take commission when things go well?]
I used the next level in the system, called the agent's company in the name card. The company's owner says his company is not responsible. [Then why is there a company who prints name cards that agent works for them. How is such a company useful in the system?]
Meanwhile I also filed a police complaint. But I got a reply Police cannot do anything about this.
I still believed in the system, I went to CEA. Explained the whole thing. They said they cannot involve, it is not the agent who did fraud. [But is there another agency to deal with landlords since police doesn't involve?]
Still, I believe in things working in a system. I went to Small Claims Tribunal. On day of appointment, the landlord came to court. They had lot of lame reasons like losing my phone number, agent not good all that and they agreed to pay the money in two installments. My money which is with them for more than 3 months, putting me through all this trouble, now they will give back in two installments. Still, I agreed and landlord agreed before the court and an order was made.
But they still did not give money; the phone number given does not work. I went to the house which I was supposed to get on rent. Someone else stays there and they have their own set of problems with the landlord. Landlord is non traceable.
Still keeping to my belief in the system, I went to Bailiff in the court for enforcement of order. But given the circumstance that landlord does not have any movable assets in the house he says I will only lose the court charges if I plan to enforce the order and he agrees there is a gap in the system and nothing can be done. And also, hiring a lawyer and going to civil court for $2000 is not practical.
Note: This is not a rare incident. My friend called up a local newspaper to see if they can report this. But they say it is a common thing now a days and is not a news. So people are getting cheated and the fraudsters are getting away.
Hope this would help
1. Some others to not get cheated.
2. Somehow reach authorities and they will fix the system.
-kk(kk_vp@yahoo.com)
I don't want to tarnish any Person/Business. Intention is to get system fixed so others don't fall prey to such things.