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Posts by SeanBM  

Joined: 10 Mar 2008 / Male ♂
Last Post: 8 Sep 2023
Threads: Total: 35 / Live: 18 / Archived: 17
Posts: Total: 5,797 / Live: 3,578 / Archived: 2,219
From: Beauty is in the eye of the beer holder.

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SeanBM   
8 Aug 2013
Law / I have recently been scammed in Poland. My company accounts frozen. [58]

construction industry

I have had a lot to do with construction and have weathered the slump well here but that was then and I am much more interested in other things.

moving out to Russia

I have had my fill of ex-soviet countries after Lithuania, I am not prepared to go into the belly of the beast :)

Do it the Polish way 5-10 years of your life and return to PL.

The major draw back is the cost of most other European countries for an apartment, food etc.. but that just means I have to plan well in advance and hit the ground running.

I seem to be going off topic....
I'll let youz know how the case is going after it is dealt with in about 50 years ;)
SeanBM   
8 Aug 2013
Law / I have recently been scammed in Poland. My company accounts frozen. [58]

.hindsight

Exactly, it's important to learn from mistakes otherwise I'll just end up repeating them.

When that FX company went into administration with my 8000 Euros a few years ago ...

Thanks, nice one.

How so? Just curious.

Norwegians have a huge tenancy to believe that their way of life is the correct andonly way and although I do agree with much of their system i.e. the distribution of wealth, environmentally conscience, education and health services I could not live there.

If I were a pure logical robot it would be my first choice but I am human, I also need human interaction, diversity and challenges.

I think Poles have a tendency towards this but the wars and communism diverted them for a time.
A whopping generalization I have observed is that Northern Europeans are quite introverted, law abiding and obedient (except when history has dealt them a raw deal).

A kind of blinker put on them believing that the state will look after them, I tend not to share these characteristics and although it is a fantastic country, I feel it is not diverse enough in thinking.

Or maybe it's just me and each to their own :)
SeanBM   
6 Aug 2013
Law / I have recently been scammed in Poland. My company accounts frozen. [58]

Yeah, I've been passing on work too as I've had a very good business relationship with certain firms and we have helped each other a lot through the years.

There are scams in every country and I've lost quite a lot through this but we have our health and I've been offered a partnership in Ireland of all places :-) but I really no intention of moving there before this. I will find out more details next week about that.

Canada also sounds nice.
I'm literally just back from Norway but I couldn't live there, too restrictive.
I will always like Poland, I've had a fantastic time here and for the most part met great people.

Anyway I'll let youz know if my appeal is heard and what actions I take.
SeanBM   
6 Aug 2013
Law / I have recently been scammed in Poland. My company accounts frozen. [58]

[/quote]

As you know, it is proof that is needed, they won't even look at the case, it's like some surreal world where only one side is heard.

And to be honest, I'm lucky, there is nothing I could have done to protect myself more.
There must be a lot of unfortunate people who get completely taken to the cleaners.
They didn't get anything from me.
SeanBM   
6 Aug 2013
Law / I have recently been scammed in Poland. My company accounts frozen. [58]

When there wasn`t such a law before, courts were helpless, cheaters got away and people complained . Now there is a law but people still complain. Funny.

It must be hilarious for you pawian, only being able to see two ineffective systems of law that destroy people's livelihoods.
I employ people, people with families and mortgages, surely this must add to your amusement.

I was able to find the people who worked for me employment with other firms I've been working with.
I hope that doesn't spoil your gayness too much.

- without a shadow of a doubt that there should be a paper trail sho

wing the attempted deliveries.

There is a paper trail and it leads to the slips that I never received.
SeanBM   
6 Aug 2013
Law / I have recently been scammed in Poland. My company accounts frozen. [58]

:)

I never said I was leaving Polish Forums, you'd miss me too much :p

jeeez, is it really that much.... :)

And in all that time I don't think I have revealed this much about myself.

I'm off for a swim, I have a lot to do and need to keep my head but thanks to all of you, a problem shared is a problem halved...well some fraction is gone anyway :)
SeanBM   
6 Aug 2013
Law / I have recently been scammed in Poland. My company accounts frozen. [58]

Thanks.

I went to the bailiff myself, as ordered to, I played stupid and gave them no information about assets or bank accounts ( I mean who really remembers there bank account number?)

The bailiff found no property in the companies name and no money in the account (I took it out obviously).

The bailiff then went back to the subcontractor and asked for more money to possibly seize more assets.
The subcontractors are used to court cases and know that if they spend money on going after the car for an example, the bailiff will sell it for cheap, then he will take his cost out of it and then the court will take their costs out of it leaving the subcontractor with very little money, so it is not worth it.

I sold the car to cover lawyer's costs.

So the bailiff has been called off and the account unfrozen but I don't use it.

I have also found out that the subcontractors are fighting with their lawyer because they think he is charging too much (he is a very good lawyer).

So they have been doing things themselves, which has been ineffective so far.

I know it doesn't seem like it when you read this but I am very lucky.
If it were not a sp. z o.o. (LTD) i'd be in deep trouble.
If I was not able to empty the account, I would have been in deep trouble.
I have a good relationship with my clients and was able to resign contracts using another company I have here.
The list goes on....

And although I feel a deep need for justice, I am fully aware that these guys do this often enough that it will not benefit me and I will lose time, money and energy on pursuing legal action but not being one to shy away from a fight, I will pursue legal action at the government's expense after I claim bankruptcy if my case is not looked into.

I don't use government money but I see them partly to blame for this system and have no qualms about using it for this purpose.

I mean really, they won't look at my side of the dispute.... if that were to happen then this would disappear instantaneously.

My lawyer has also informed me that the judge probably said no to my appeal for the time to raise my counter argument because it is holiday season and a quick NO is quicker than looking into my case.

Edit*

They write that it's enough to send payment notice twice with registered mail (polecony) to the address of contractor. And if he doesn't pick them up from the post office then it's "effectively delivered".

It's crazy because everybody can see that there is way for abuse.

It was supposed to speed up the courts so they do not have to spend so much time on claims that are not being contested.

If they do decide to pursue you personally,

It's really not likely to happen as I am a foreigner.
I would have a lot of time to react and I have already taken the necessary steps to insure I have nothing.
Where I do lose out now is I can not claim VAT back so expenses have risen 23% in my daily operations and I still pay the accountants until the final decision comes from the courts.

This seems like something I could go to the European courts with but again the subcontractors will most probably have no assets or incomes.
SeanBM   
6 Aug 2013
Law / I have recently been scammed in Poland. My company accounts frozen. [58]

I have for many years been working with lawyers in Britain and Lithuania on behalf of other people. Although this is the first time anyone has attempted to take legal action against me I was well prepared from my experience.

I think the greatest quote on this matter comes from Jonathan Swift's Gulliver's Travels 1726. i hope you enjoy it as much as I do:)

Normally when they leave a slip there is also a copy in the postman's book.

I will look into that, it's been quite a crises management situation, thanks.

Edit"
But if it was the postman he is not going to implicate himself and if it were taken out of the mail box, then everything would still match up.

I don't actually know what happens if my case is not look at,
I probably can't close down the company as there is a money owed.
I could claim bankruptcy and use the state's money to sue the subcontractors or just leave it.
Obviously the third option could bite me in the bum later and I do not like leaving things hanging.

I will probably claim bankruptcy and try to sue them using the states money if my case is not looked into, what other options do I have?
SeanBM   
6 Aug 2013
Law / I have recently been scammed in Poland. My company accounts frozen. [58]

You should have received the first slip, then a second slip saying that the letter was in the post office.

Yes, exactly and I received absolutely nothing.

Did they present the proof of postage in court?

Yes.

It would be reasonable to argue that photographs do not constitute proof of postage.

The letter sat in the post office the whole time and was sent back and forth, we were supposed to have received the slip informing us to go to the post office to collect the post.

These slips do not exist, therefore the court sees it as my company having accepted the letter and as I did not respond in one week the court's decision is automatic hence the bailiff.

How they pulled that one off is a mystery.

It was also coming up to Christmas last year when the post offices are usually more busy, maybe it's easier to hide criminal activity in the chaos?
SeanBM   
6 Aug 2013
Law / I have recently been scammed in Poland. My company accounts frozen. [58]

It feels quite good to get this off my chest on this forum.

I have not been on these forums because I have been fixing the problems this company caused and dealing with lawyers.
So sorry WB for being sarcastic in another thread, I didn't realize my frustration was coming out on here.

I am aware that you are all reading my side of the story and understandably have doubts but this case is such a load of tosh that the only way they could get the bailiff after me is by rigging the post otherwise they would have just thrown their money away because their case is THAT ridiculous.

For a prime example, half the amount 20k Euro was for something that clearly contradicts the contract we both signed.
SeanBM   
6 Aug 2013
Law / I have recently been scammed in Poland. My company accounts frozen. [58]

Do you have separation of assets between you and your wife?

We do now, which is part of the bureaucratic acrobatics I had to preform to protect myself.

I read it as him having had a bad experience and wanting to leave the place where it happened

I really enjoy living in Poland but I want to move anyway, while I can.
This was the straw that broke the camel's back.

happy dealing with other sub-contractors in the same region (especially knowing they have multiple companies) in future?

I don't care what lawyer's say, doing business is about trust, contracts are supposed to reinforce that.
I have been working with other subcontractors here for many years and we don't even need a any contracts because we trust one another.

Do they have such proof?

yes, they have photographs of the post being stamped by the post office and returned BUT noone in my company saw the letter so it was never signed by us.

the letter was about 100 pages and sat in the post office, we were supposed to receive the slip asking us to pick the post up from the post office.

Sean says he hasn`t received the note calling on him to pick the mail.

I really don't know how they did it, I actually know the postman on a smile and hello basis and he certainly doesn't seem the type (I could be wrong) but that doesn't rule out the people in the post office itself.

A female friend says that her wrists are skinny enough to fit through a letter box... if so, I hope it cost them a lot of money to do this.

Edit*

I forgot to mention how ingenious this scam is.

So lets say that the bailiff took 40k Euros from my account.
If the subcontractors had paid their tax or court fees showing that company had no assets or money, I would have had no choice but to counter sue and the judge would have asked the subcontractors for the money but nobody could have got the money from the tax man.
SeanBM   
6 Aug 2013
Law / I have recently been scammed in Poland. My company accounts frozen. [58]

Are you suggesting that this is acceptable because injustices happen in other countries?

I have worked in several different European countries and this is the first time I have heard of a judge not looking at both sides of a dispute.

I have the right to work here and employ people here and I should have the law behind me as a law abiding citizen.

To my knowledge this postal law was a way of shortening the court's time spent on cases but this is being used as a loop hole by criminals.
SeanBM   
6 Aug 2013
Law / I have recently been scammed in Poland. My company accounts frozen. [58]

I have a Sp. z o.o. (LTD) company here in Poland.

I was issued an crazy invoice by a company I subcontracted.
The invoice demands payment for things that clearly go against our contract and other works preformed had to be binned and done again at my own cost.

So I replied to the invoice point for point stating why I do not owe them any money and demanded that they come in and fix the problems they caused.

They claim that I must pay first and that the repairs come under guarantee, this is not true.

That was over a year and a half ago.

The way the Polish law is, if a company does not pick up it's post it is seen in the eyes of the law as if it has been received.

I never got the letter from the subcontractors with their dispute, I assume they either paid off the postman or had someone with skinny wrists to take out the note that requires me to pick up post form the post office.

So next thing I know the bailiff is knocking at my door, I refuse to let him in and instead call into his office the next day.

My company accounts were frozen for 40,000 Euro and they searched for any assets that the company owns, i have done some acrobatics and they have not got one grosz and I very much intend on keeping it that way. So they have called off the bailiff.

I have appealed the decision and asked for an extension for my case to be heard, the Judge has denied my appeal and I have appealed to a higher authority.

I have discovered that the other companies that this subcontractor has worked for have also been scammed.
The subcontractors are a family and although they set up companies using the same name, they are in fact different companies with different directors from the same family.

They have been in 13 court cases in the last two years, to my knowledge, so I do not see suing them as an option as they will definitely have hidden their assets and it also explains the delay in their law action against me.

There are many more details, as you can imagine but I thought I would share my experience.

I am disgusted that my side has not been looked into by the courts.

I have had enough and I will be leaving Poland shortly.
SeanBM   
6 Aug 2013
Study / Homeschooling in Poland - possible to apply? [14]

Poland Legal under restrictive conditions. Every homeschooled child must be supervised by an authorized school (can be a private school) and pass annual exams. Homeschooled children received diplomas from supervising school.

Poland
Status: Legal
Homeschooling is only allowed on highly regulated terms. Every child must be enrolled in a school (as of 2009, the school does not need to be a public school). The school principal may, but is not obliged to, allow of homeschooling a particular child. Homeschooled children are required to pass annual exams covering material in school curriculum, and failure on an exam automatically terminates the homeschooling permit.[65]

Homeschooling international status and statistics

I wouldn't recommend homeschooling. Elements like bullying and dealing with uncomfortable social atmospheres is part of growing up and into a well rounded individual

I agree to an extent on the other hand if a child is given individual attention with fewer distractions, it could lead to better results, couldn't it?

The bottom line is I think I'd have been driven up the wall if I were thought by my parents :)
SeanBM   
19 Jul 2013
Travel / About international driving license - is it recognizable in Poland? [18]

All I want to know is does the IDL cover motorcycles to?

Your IDL does not cover anything without your driver's licence.
If you have an A1 driver's licence you can drive a motorbike.

An IDL can not be used instead of a driver's licence but must accompany your driver's licence (depending on which country your national driver's licence was printed and which country you want to drive in).

Edit*

I am in Sydney. I just have a normal "drivers license".

If you only have a licence for a car, you can only drive a car in Poland (and a moped)
If the police stop you, you must produce your Australian driver's licence and your international driver's licence.

I hope this helps.
SeanBM   
19 Jul 2013
Travel / About international driving license - is it recognizable in Poland? [18]

Does anyone know if an international drivers license permits me to ride a motorcycle or moped?

If you have an international driver's licence and a national driver's licence with an A1 licence you can drive Motorcycles with a cylinder capacity not exceeding 125 cubic centimetres and a power not exceeding 11 kW; and motor tricycles with a power not exceeding 15.

Which country is your current license with?
SeanBM   
1 Jul 2013
Travel / Just visited Poland - here is my random rant [154]

According to statistics the unemployment rate in Poland is below the European average

I can't access that link bu just as it happens I had a look this morning and the rate of unemployment in Poland was above the E.U. average. at 13.7%-14%.

What does your link say?
SeanBM   
25 Jun 2013
Life / Expat, immigrant, foreigner. Not all foreigners in Poland are expats. [84]

Many people use 'expat' for people having moved from a richer country to a poorer one (e.g. a Brit to Poland) and 'immigrant' for a person who moved from a poorer country to a richer one (a Pole to England).

I disagree with this definition but it is awfully popular.
I am an immigrant and i am astounded by the amount of people who use this word (perhaps even unbeknownst to themselves) as a slur.

Edit*
Ah, I see yet again this thread is actually about baiting the OP for personal information so he can be brow beaten than an actual topic for discussion.

I'm out
SeanBM   
17 Jun 2013
News / Anti-atheisation institute in Poland emerging [110]

See, even you admit that TVN and its hireligns like Olejnik are Cathophobes.

Worse than that, it's the work of Satan herself.
Unfortunately atheists don't believe in Satan either.
SeanBM   
17 Jun 2013
Off-Topic / Modern parenting = bad parenting? [20]

ATTRIBUTION: Attributed to SOCRATES by Plato, according to William L.
Patty and Louise S. Johnson, Personality and Adjustment, p. 277
(1953).

Extract from a sermon preached by Peter the Hermit in A.D. 1274

Wroclaw Boy, I thought it was interesting in the zeitgeist movie about absent parenting. I think young people have it harder today than when I was a kid in many ways.

my little boy is 10 months old

A sincere congratulations on your recent baby!
SeanBM   
25 Apr 2013
News / Polish government to allow kosher and halal methods of animal slaughter [29]

banned in December 2012 by Poland's Constitutional Court following a campaign led by animal rights groups.

thenews/1/2/Artykul/133776,Poland-to-reintroduce-kosher-halal-slaughter-methods
Your link is broken.

So ifor bach, are you against it because of the change to the constitution or because of animal rights?

Personally I think people should go to slaughter houses and kill an animal themselves at least once, so they know what it actually is they are a part of, (ritual slaughter or otherwise).
SeanBM   
5 Apr 2013
Real Estate / The cost of a furnished apartment near Warsaw downtown are high? Why? [42]

Go to this page translate browser buttons click on "Polish" and "Ok" (I should probably make this into a thread in itself).

This should translate Polish into English for you when you search for something on the internet and is a must have for you anyway.

If anyone has any further advice on changing this man's computer to be able to translate from Polish into English, please let us know as I am not a computer wizz Kid myself.

There was mention of a "relocation agency" and you did not want to pay the fee, does this also include a real estate agent fee? Would you like me to search real estate agents?

Could you give me an exact name of the specific area of Warsaw that you would like to be? I don't know Warsaw.

I will help you over the weekend but I think the greatest help I can be is to help you help yourself.