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Debtors, Creditors, and Collection in Thailand

It has recently been reported that household debt in Thailand has tripled in the decade with household debt accounting for about 83.5% of the gross domestic product and will rise to 89% in 2015.

About a third of the average Thai household monthly income is used to service debt. In November, 2014, the National Economic and Social Development Board has stated that non-performing loans has increased by 31.8% from the previous year. It is not surprising that many people in Thailand are having difficulty paying their bills.

If someone has stopped paying on a debt, what should the creditor do?

Review Thai Law to Ensure Enforceability of the Debt

Title IX, Chapter II of the Civil and Commercial Code outlines the requirements for consumer loans. A loan exceeding 2000 baht must be written and signed by the borrower. Repayment or cancellation of a loan exceeding 2000 baht can only be evidenced by a document signed by the borrower.

Title XIII, Chapter I of the Civil and Commercial Code covers a loan for movable property. The loan requires a contract which outlines the obligation for performance of the loan with interest, compensation in case of non-performance, and requirements to preserve the pledged property. If the debtor defaults on the pledge, the creditor must first notify the debtor in writing to perform their obligation within a reasonable period.

Title VII of the Civil and Commercial Code covers the requirements for to collect remuneration by contractors. While a contract is not required, it is recommended that the parties have a paper agreement outlining the rights and obligations of each party. Without a contract term stating otherwise, an employer can cancel the job as long as the employer compensates the contractor for loss. If the contractor is has completed any part of the work, the employer is liable for the completed part.

The Thai Civil and Commercial Code covers multiple types of relationships. It is important to review the type of relationship in the creditor and debtor relationship to ensure that the documentary requirements are met. In addition, the creditor should review statute of limitations on attempting to collect on the debt. Different types of debts have different time limitations for collecting on a debt. Most debts have a statute of limitation of 10 years but some debt claims are limited to five or two years. After the time limit has passed, the debtor can legally refuse to pay the debt.

Understand the Current Financial Situation and Negotiate with the Debtor

Before filing a lawsuit or sending the case to the bill collector, the creditor should discuss the situation with the debtor. A lawsuit can be expensive and time consuming without an assured outcome. It might be in the best interest to attempt to negotiate a partial payment or an extended payment plan to avoid litigation. When negotiating, the creditor and debtor should both prioritize what they both require. A good negotiated settlement might be able to save the relationship.

Demand Letter then Lawsuit

If negotiation has not produce an agreement, the creditor can choose to move forward with potential litigation. Some claims require that the creditor serve the debtor with a demand letter outlining the claim and requesting payment with a reasonable time period to comply with the demand. An attorney can prepare the demand letter in preparation of a lawsuit.

If the demand letter is ignored, the creditor can move forward with filing a lawsuit. The attorney needs to review the information and history of the dispute to ensure that a lawsuit is plausible and reasonable. If the debtor has the ability to pay or owns property that can be held in lieu of financial payment, then it may be reasonable to pursue litigation. However, if the debtor does not have a job or property, a court ordered judgment will be difficult or impossible to collect.

The lawsuit begins with the filing of a claim with a court. The place of filing will depend on the value of the debt or the type of debt. After filing the claim, the court will generally require the parties to go to mediation. The mediation is conducted by a mediator who will attempt to push the parties to come to an agreement.

If mediation fails, the parties will have to produce their evidence to the court. The court will consider the evidence and make a judgment. If the debtor does not comply with the court judgment, the creditor can request a writ of execution to force the seizure of the debtor’s property and the auctioning of the property to collect repayment on the debt.

The process of filing a lawsuit to collect on a debt is time consuming and expensive. It is better for a creditor to attempt to negotiate with the debtor to avoid litigation. However, if litigation is necessary, the creditor should hire an experienced to pursue the matter. Spending money and time on a lawsuit then losing the case is worse than not filing the case at all. A good attorney will discuss the matter with the creditor so that they have reasonable expectations and can make an informed decision.

By Mr. Robert R. Virasin

Our licensed Thai lawyers at Siam Legal International in Bangkok have valuable knowledge in dealing with government agencies in Thailand, and this experience is of great importance when dealing with Thai legal cases and investigative service.

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First-Time Buyer’s Guide to the UK Property Market

Entering the UK property market as a first-time buyer can feel both exciting and daunting. The process is filled with potential pitfalls and complex decisions, but with the right guidance, it can be navigated smoothly. The estate agents in Yorkshire demystify the journey from the initial decision to buy a home to the moment you step over the threshold of your new property.

Understanding Your Financial Position

The first and perhaps most crucial step in the home-buying process is understanding your financial situation. This includes assessing your savings, income, and current debts. Here’s how you can prepare:

1. Deposit: Generally, you’ll need at least 5% of the property price as a deposit, though aiming for 10% or more can provide better mortgage rates.

2. Income and Expenses: Use a budget planner to assess your monthly income against your expenses. This will help you understand how much you can afford in monthly mortgage repayments.

3. Credit Score: Lenders will evaluate your credit score to determine your mortgage eligibility. So it’s important to have a good credit score, and you should work on it if required.

4. Mortgage Options: Speak to a mortgage advisor to understand different types of mortgages, such as fixed-rate, variable-rate, and help-to-buy schemes.

Getting a Mortgage Agreement in Principle

A Mortgage Agreement in Principle (AIP) is a statement from a lender indicating how much they’ll likely lend you. You will be a more attractive buyer with an AIP as it shows sellers you’re serious and financially prepared.

Deciding What You Want

Before you start viewing properties, it’s essential to know what you’re looking for. Consider the following factors:

1. Location: Proximity to work, schools, public transport, and amenities are key. Research neighbourhoods to find the best fit for your lifestyle.

2. Property Type: Decide whether you want a flat, terraced house, semi-detached, or detached property. Each has its pros and cons.

3. Must-Haves: Make a list of non-negotiables, such as the number of bedrooms, garden size, and parking facilities.

4. Future Proofing: Consider your future needs. Are you planning to start a family? Do you need space for a home office?

Starting the Property Search

With a clear idea of what you’re looking for, you can begin your property search. Here are some tips:

1. Use Online Portals: Websites like Rightmove, Zoopla, and OnTheMarket are excellent starting points. Set up alerts to get notified of new listings that meet your criteria.

2. Visit Estate Agents: Register with local estate agents who can provide insights into the market and inform you of new properties before they’re listed online.

3. Attend Viewings: Don’t rush this part. Visit several properties to get a feel for what’s available in your price range.

Making an Offer

Once you find a property you love, it’s time to make an offer. Here’s how to approach it:

1. Research: Check the selling prices of similar properties in the area to gauge a fair offer.

2. Negotiate: Don’t be afraid to negotiate. The starting point is most usually the asking price.

3. Conditions: You might include conditions in your offer, such as the inclusion of certain fixtures or a specific moving date.

The Legal Process

If your offer is accepted, the legal process begins. You’ll need a solicitor or licensed conveyancer to handle the legalities. Here’s what to expect:

1. Conveyancing: This is the legal transfer of property ownership. Your solicitor will handle this, including conducting searches, dealing with the Land Registry, and transferring the funds.

2. Surveys and Inspections: Arrange for a property survey to check for structural issues. There are different types of surveys, from basic condition reports to full structural surveys.

3. Mortgage Finalisation: Once the survey is complete and satisfactory, your mortgage can be finalised.

4. Exchange of Contracts: This is when the sale becomes legally binding. You’ll pay your deposit at this stage.

5. Completion: On the agreed completion date, the remaining money is transferred, and you receive the keys to your new home.

Moving In

Moving day can be hectic, but planning can ease the stress:

1. Hire a Removal Company: Book a reliable removal company well in advance. Discover the best deals by getting quotes from multiple companies.

2. Pack Strategically: Label your boxes by room and keep essential items accessible.

3. Notify Utilities and Change Address: Inform your utility providers of your move date and update your address with banks, the DVLA, and other important institutions.

Settling In

Get settled. Introduce yourself to the neighbours, familiarise yourself with the local area, and really start to make the place your own.

Here are a few final tips:

1. Safety Checks: Make sure that your smoke alarms and carbon monoxide detectors are working, and make sure that you know where the gas and electricity meters are located.

2. Maintenance Plan: Keep a record of the smooth functioning of your new home with a maintenance schedule, complete with regular checks and seasonal tasks.

3. Personal Touches: Add personal touches to make the space feel like home. This can be from putting up family photos or redoing the decoration in your rooms.

Conclusion

Buying your very first home in the UK is most definitely a milestone, difficult and full of challenges but rewarding in the end. Such a philosophy guides you in understanding finances and knowing what you want to achieve from detailed research, and seeking professional advice that confidently helps you navigate the property market. Yes, the journey may have its hurdles, but in the end—owning your own home—the reward will be worth the effort. Welcome to your new chapter!

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5 Health Benefits of Regular Pedicures

There’s nothing quite like a pedicure to keep your feet looking and feeling their best, but did you know that pedicures do more than simply enhance the appearance of your feet? Many people don’t realize that regular pedicures can come with a wide range of health benefits that can promote the well-being of your feet, so here are some ways that your routine pedicure keeps both your toenails and feet in the best condition possible!

Smoother Skin

One of the biggest misconceptions about pedicures is that they only cater to and look after your toenails. While you’ll definitely be leaving each session with a fresh coat of nail polish, your pedicure can also do wonders for the health of your skin. Aside from trimming and shaping your nails and cuticles, you’ll notice that your nail technician also dedicates a few steps to the skin of your feet.

After inspecting your feet and looking for any issues or imperfections that may need to be addressed, your technician will work on an exfoliating scrub to remove any dead skin cells. This step may also be aided by a foot file, which can be used to buff away any calluses and other problem areas manually.

Softer Skin

After your nail technician addresses all the problem areas of your feet and removes any unwanted dead skin cells, he or she will often massage in a moisturizing product, such as lotion, cream, or butter, to ensure that your skin is properly moisturized. These products contain skin-loving ingredients that will ensure that your feet have everything they need to look and feel their best so that you can walk out of your pedicure with a renewed sense of confidence.

Healthier Nails

After your pedicure session, your nails will not only look better due to the fresh coat of nail polish, but they’ll also be healthier and stronger. This is because your nail technician takes their time to ensure that your nails are properly looked after through steps that include deep cleaning, nail trimming, nail filing, and cuticle care. All of these things work together to prevent issues like ingrown nails from occurring, all the while improving the appearance of your nails.

Increased Blood Circulation

While the specific steps included in your pedicure will depend on the beauty salon, most pedicures will have a massage step somewhere in the mix. One of the often overlooked benefits of these massages is the increased blood circulation, which can deliver more nutrients and oxygen to your feet and nails, promoting their health and appearance. Aside from that, better blood flow means reduced tension and soreness, as well as better distributed heat throughout your body.

Reduced Infections

A significant amount of dirt and bacteria can build up on your feet without you even realizing it, but pedicures can be a great way to prevent these from happening in the first place. The exfoliation step of a pedicure removes dead skin cells as well as all the debris that may have accumulated underneath, and the deep cleaning of your toenails and cuticles also gets rid of any impurities that may have slipped beneath them, which can stop infections from happening.

These are some of the many health benefits that you can look forward to at your next pedicure appointment. However, it’s worth noting that you need to book regular sessions to truly reap all the rewards. This can be difficult, especially when you don’t feel like driving to your nearest nail salon after a long day, but the good news is that you can enjoy the salon experience in the comfort of your own home with a home pedicure service.

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Commercial Boiler Installation Services London

For businesses in the bustling city of London, having a reliable heating system is crucial. Whether you’re opening a new office, expanding your current premises, or simply upgrading an outdated system, commercial boiler installation services for businesses in London are essential to ensure your operations run smoothly and efficiently. Proper installation and maintenance of commercial boilers can make a significant difference in energy efficiency, cost savings, and the overall comfort of your workspace.

The Importance of Professional Installation

When it comes to installing a commercial boiler, professional expertise is paramount. Here’s why:

Efficiency and Performance: Professional installation ensures that your boiler operates at peak efficiency, reducing energy consumption and lowering utility bills. A well-installed boiler can effectively meet the heating demands of your business without unnecessary energy waste.
Safety: Commercial boilers are complex systems that require precise installation to operate safely. Professional installers adhere to stringent safety standards and regulations, minimizing the risk of accidents and ensuring the safety of your employees and premises.
Compliance with Regulations: Commercial properties are subject to various building codes and regulations. Professional installers are well-versed in these requirements and ensure that your boiler system complies with all local laws and standards.
Longevity and Reliability: Proper installation is critical to the longevity and reliability of your boiler. A professional installation can prevent common issues such as leaks, pressure problems, and system failures, ensuring that your boiler runs smoothly for years to come.

Key Considerations for Commercial Boiler Installation

When planning for a commercial boiler installation, several factors need to be considered:

Type of Boiler: The type of boiler you choose will depend on your business’s specific needs. Options include gas boilers, oil boilers, and electric boilers, each with its own set of advantages. Consulting with a professional can help you determine the best choice for your business.
Sizing and Capacity: The boiler’s size and capacity must match the heating demands of your commercial space. An undersized boiler will struggle to meet your needs, while an oversized one will lead to inefficiencies and higher costs.
Location: The placement of your boiler affects its efficiency and accessibility for maintenance. Professional installers can help you choose the optimal location for your boiler.
Integration with Existing Systems: If you’re upgrading or replacing an existing boiler, it’s essential to ensure compatibility with your current heating system. Professional installers can seamlessly integrate the new boiler with your existing setup.

Choosing the Right Installation Service

Selecting the right installation service provider is crucial to the success of your boiler installation project. Consider the following when making your choice:

Experience and Expertise: Look for a provider with a proven track record in commercial boiler installations. Experienced installers can handle the complexities of commercial systems and provide high-quality workmanship.
Reputation: Check reviews and testimonials from previous clients to gauge the provider’s reliability and customer satisfaction.
Comprehensive Services: Choose a provider that offers a full range of services, including installation, maintenance, and repair. This ensures that all your boiler needs are met by a single, trusted source.

In London, ROWLEN is a reputable name known for delivering top-notch commercial boiler installation services. Their team of experts is dedicated to providing efficient, safe, and compliant installations tailored to the unique needs of businesses.

Conclusion

Investing in professional commercial boiler installation services for businesses in London is essential for ensuring efficiency, safety, and long-term reliability. By choosing an experienced and reputable service provider like ROWLEN, you can rest assured that your heating system will be installed correctly and maintained to the highest standards. Proper installation not only enhances the performance of your boiler but also contributes to the overall comfort and productivity of your business environment.

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