Legal Aid abt small claim

cunningchu

又係我...黑仔王 水蛇春 的求助, 請耐心細閱

我地依家住的地方1.5年前買, 買時, 已經係合約講明話storage度門係爛, 要求整好, 否則會扣起$500.

到我地收樓當日, 發覺前業主換左度門, 但係門入面裂左 (係門背面好大的裂開左), 門亦唔係完全可以關上, 同時亦留下大量的垃圾, 當時agent 已寫信 (連相)比對方的經紀話我地要扣起錢, 因為度門同垃圾...雙方拉据後, 我地的經紀同我地講己經過左俾錢的日期, 我地的錢過左戶比對方, 無得扣啦. 之後, 無再理我地.

點知我地的notary (我地無用律師買樓) 唔知點樣成功幫我地扣起$500, 之後以notary的名義俾張支票我地.   我地見既然扣起左,根係要啦.   過多幾個月, 因為我地買左另1間 APT, 再去返呢間notary辦手續, 佢地同我地講上次扣起果$500, 俾對方律師發信追佢地拎, 佢話唔駛理亦無問我地點處理, 更無話要我地比.

點知今朝收到small claim專人送信比我地, 話我地要俾番$500, 另加$100 filing & $30 services, 合共$630.  

我想問有無得拗 (我仲有keep agent sent 俾對方的電郵話度門, 垃圾等間題及相片, 而扣起$500)....打去俾notary 唔理我地..老實講, 我覺得錯不在我,唔想俾, 但又會攪好耐同煩, 就算俾都係$500, 無理由要俾多$130, 有無free legal aid可以問?  謝謝.

cunningchu

我岩岩再睇番文件, 份表格stamp 8/16, 但個西人今朝先拎黎, 俾我無話係咩黎, 問我同老公個名係咪係度住, 就"責"左份野俾我, 又無叫我簽收. 佢走左我望封信先知咩事.

同埋果$500係用電腦印, 但其餘的$100同$30就手寫, 想問下$130係咪前業主的私人額外索償.  同埋果西人係SMALL CLAIM的職員定係前業主的FRIEND, 甚至係佢本人?!

cunningchu

回復 2# daimo

Thanks.   After review the form, I decide I will counter the claim.  

Luckily, just received a call from notary and said they had the email they sent to previous owner's lawyer a years ago about the hold back and asked us to drop by their office if we need help.   Notary also has the same question why there is an additional charge on filing fee & service as long as we hold back $500.

cunningchu

I really want to give him a real lesson as chinese is not a crowd to be ripped off.  my hubby wants to settle & wants peace of mind but not want to pay that $130 .  But I'm definitely don't want to pay a penny unless we defeated.  

the previous owner left tons of gargage, include broken freezer, washer, paints, etc when he left.  we moved the broken freezer & washer at the baclony, next to the gate.  guess what?! he asked someone to move the freezer to the dump area in the complex in the mid-night (we hadn't move in for rennovation).  I still remember how i was shocked & furious at that time!  we have owned this property for almost 2 yrs, their son (or relativess) poped up to our unit at 6:30am a couple of weeks ago, asking us returning letters for him!!  Until right now, we still receive their letters and have to return to sender.  

The most headache issue is: when we moved in, cop bi-weekly came to our home to check his son(or relative) is still living here.  This issue had been lasted for almost 8 months until the cop asked me to present ID and phone # to proof we had no relationship with those people!

If you were me, will you still draw back and pay the money as they want?

cunningchu

just found the stamp dated is aug 11, but "someone" forward to us by hand today but didn't ask us to acknowledge receipt.  Weird. We have to send it back to the small claim court by Thursday.   Not sure whether pre-owner is trying to play game but hopefully we could get help and supporting doc from the notary on Monday.

cunningchu

We refuse to release the hold back $ because the door he fixed cannot be closed completely while there is a big crack on the "inside" surface of the door.  

Since he assigned lawyer to handle when he sold the property to us. The hold back money is part of the deal, is it the responsibilty for the lawyer to follow-up, like filing to small claim on behalf of his client even the deal had been completed almost 2 yrs? Thanks.

cunningchu

填份claim form, 先發現要俾$26 as filing fess and an additional $100 for counterclaim.

對方索償係$500 +$130, 我唔願意俾$130, 咁$130係咪當作counterclaim?! 如果係, 我咪要填$260 (連埋我要俾的$26+$100)  

即係話未見官先打30大板 @.@         

如果打輸左, 咁咪$500+$130X2 = $760 (仲唔知對方會唔會又counter, 又再有額外的filing fees, 我地又repy, 咁條數咪越
滾越大!)

唔怪得佢咁玩野...睇下我會唔會怕煩...俾錢算數.  老實講, 我真係覺得煩...開始明點解老公話俾錢就算

如果notary 唔係唔俾我地知對方律師一路追收錢或者同我地商量會唔會俾, 可能唔駛入small claim.  煩...煩....煩

cunningchu

回復 daimo
I'm a little bit confusing.   he is asking us to pay $500 + $100 (filing) + $30 (service) = $630.  if we lose, shouldn't we have to pay the money according to his total claimed amount?

The property was rennovated once we own it and we asked the rennovation guy to fix the door for us.  For cleaning up the junk it was around $100 but we havn't receipt & will not counterclaim.  I have no idea whether we should considered $130, he requested, as a counterclaim.

Do you know if i could seek advise to fill the form at the small claim's office in Richmond? since, we received the form on Aug 18 but small claim stamp was Aug 11, so, we have to send the form back by Thursday.  time is critical.

cunningchu

hey guys - we WON the trial

Even we didn't counterclaim but at least we won't be bothering anymore.  

thanks everyone inputted and support.