Posted by
dhcc
16 yrs ago
Need some legal advice on someone who owes rent money (in Shanghai) but who has now left the country to his hometown in the UK.
I saw an online ad for a flat for rent and responded to it in Jan 2010. It was posted by a guy called Nic, and after seeing the flat I decided that I would take it. I continued Nick’s housing contract starting beginning Feb 2010 but we agreed as he was terminating his contract early and I was not moving into the apartment until March, that we would split the rent for February and Nic would pay the landlord directly.
So I paid Nic half of the rent for February, plus two months' deposit (a total of 15,000rmb) from my UK bank account to his UK bank account on Jan 25. It was agreed by Nic that he would then make the payment to the landlord on Jan 29.
Of course, the payment has still not been received by the landlord, and Nic, who is now back in the UK refuses contact from either of us. Every time I try and phone him he hears my name and hangs up. I have also contacted his old company in SH but since he left the country, they have no information on his whereabouts now.
In my last conversation with Nic by phone on Feb 21 (which I've recorded), he said he didn't know why the payment had not gone through as he made the payment. I asked him to provide proof of payment via a swift confirmation or a screen shot of his transfer but he said that's private information and refused to do so.
As I signed the contract from Feb 1, as a technicality, I now have to pay the landlord again for the month of Feb, on top of the money I already paid to Nic.
I have the following as evidence:
-my bank transfer to Nic in January for 15,000 RMB
-Nic’s emails, including a spreadsheet he set up regarding payment of rent
-Landlord's letter to state he has still not received the payment from Nic
-a voice recording of Nic's conversation with me on the Feb 21
I also have his passport photocopy, old Shanghai number, old Shanghai work address, current UK mobile number, and his UK bank details.
I have contacted the UK Embassy in Shanghai and they cannot help me. I have also asked my friends in the UK to call Nic and he has also hung up on them.
Does anyone know what I can do? Any advice would help. It's not so much the money, but the fact that he thinks he can get away with this just because he left the country.
Please support our advertisers:
you could probably sue him in the courts of england, but i guess it's not worth the hassle.
my take on it: pay up and move on. it's not worth it
Please support our advertisers:
kyber
16 yrs ago
Could try using debt collectors in Uk but you will have to pay them commission.
Please support our advertisers:
Phone any solicitor in the UK and ask their advice. You will probably be able to get some sort of judgment against him or mess up his credit record. However, given the sum involved, I would drop it. If it were 150,000 RMB it would be different. I am sure there are some UK-based Chinese who would collect the debt for, say, 80% commission but I'm not sure whether they would operate within the law.
Please support our advertisers:
dhcc
16 yrs ago
Thanks everyone for your replies!
I've been doing some asking around myself and someone told me that if I can find his current UK address I can launch an online claim..through UK. Any thoughts on whether that's feasible and if so, any idea on how I can find his address?
Please support our advertisers:
kyber
16 yrs ago
i know a few debt collection companies that would charge only 20-30% commission. PM if you want their contact details.
Please support our advertisers:
mdap
16 yrs ago
15,000 RMB .... just forget it and move on - he ripped you off ... you will never get your money back
Please support our advertisers:
You can go to the governing court in Shanghai, and as long as the court accepts the case, you can apply for the court to freeze Nic's bank accout in China, or seal up his properties(if any) in China. Even if he's got none properties in China, the case will be recorded in police system, so next time Nic comes to China, he will be detained for this, then you'll get the chance to get back your money.
By the way, don't wait too long, as the Chinese court will not accept the case if it's a dispute of long ago (for example 2 years ago).
Please support our advertisers:
You must be logged in to be able to reply.
Login now
Copy Link
Facebook
Gmail
Mail