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我的律师已经正式放弃我的case了,我联系了好几家不同城市的律师行,他们都不敢接我的case, 现在我仍没放弃找律师, 我要去法庭!!!我要见法官!!!我要看看荷兰人最后是怎么处理这件事情!!!。 I feel im dying here~~~~. 以下是事件的具体经过, 因为之前是写给外国机构看的,所以是英文的,过久我会再上传中文版, 也打算叫朋友写荷兰文版的。 希望各战友把我的故事转发到各大LOCAL论坛,我真的很需要大家的帮助!!!




On 29th, Apr. when i was leaving the house, i showed J. Strockmeijerthe landlady) there are some facilities are broken and I asked her if it was possible to repair them when i was away for about 9 days to China and Switzerland, and I would be back on 9th , May,
if everything goes well. She said she will repair them and told me she could take care of my two cats( L.B&L.J) when I was away, I was very glad that she would like to do it, because normally I asked her to take care of the cats for 1 or 2 days, if it is several days, I always send cats to my friend, but she offered it this time. I told her I had prepared food, water and two toilets for the cats, If it was necessary, there were also several packages of cats food, what she needed to do were just adding water and cleaning the tolilets. And if the cats were sick, I would pay for the vet fees when I came back. If there was something happened, call me. I especially told her if my cats came downstairs( I never lock cats in any rooms and cages) and walked around, maybe they needed something like food,etc. . She said ok.


8th,
May. In the late afternoon, I got a sms from a cellphone number which I don't know, the text was about my cats need attention. Because I don't know this number, so I called J. Strockmeijer immediately when I found the message in the early evening. On the phone, I asked what happened and if the cats did something bad, J. Strockmeijer didn't mention anything about they called police, animal protection and they sent cats away, she only told me my cats were ok and asked when I came back. I told her I would be back on 9th. She said ok.


9th, May. My flight to the Netherlands was cancelled because of volcano eruption. So I called J. Strockmeijer and informed her that I could not go back to the Netherlands because of volcano eruption and I would try my best to be there on 10th, May. I also asked her about my cats, but her answer was still the same, the cats are ok. Still, she did not mention anything about they called police, animal protection and they sent cats away.
After the call, I felt really weird and felt maybe there was something wrong, because a stranger sent a sms about the cats, but when I called J. Strockmeijer, she did not mention anything about the cats. With all the worries, I tried my best to buy a train ticket from Switzerlands to the Netherlands on 10th, May.

10th, May. At about 22:20, I was finally back to the house. J. Strockmeijer opened the front door and said we needed to have a talk now. Her face and tone showed very obviously that I could not say no. So I fellow her into her living room without going upstairs(my place).
After entering the room, I asked her again if my cats did something wrong, she said : “your cats broke my stuff, they are old expensive stuff, it is about 2000 eur, and your cats are ok now. After I gave her money, and she said she would call two friends of hers ( Mevrouw Buwalda and Melanie Buwalda) to come over to help. Then she just called her friends when I was still confused.

After several minutes, her friends came over, and we started our “talk”. First, the two women said they would represent J. Strockmeijer to talk to me. The two ladies said : “you don't care about the cats, you tortured them and locked them in a little room, then left them for 10 days, no food, no water, you let them die on purpose. ” When I heard it, I was shocked, and I said: “ it is not possible, J. Strockmeijer said she would take care of them.” Two women stopped my talk and said: “ there is no excuse, you just wanna kill your cats. Also your cats made noises and damaged the wall and the carpet, so you have to repay J. Strockmeijer. And we have called animal protection and police, they all say what you did to the cats is no humanity, they will send you letters later. The police also gave us permission to enter your place and sent cats away to the cats hotel which our friend Mr. Lochtenberg owns it, and the police told us do not tell you anything about the cats until J. Strockmeijer receives your money and sign the paper( it is about money and what happened when I was away), then we will tell you where your cats are, otherwise you can not leave the house and see the cats.” Until they said these words, I knew what happened. So I said: “ the cats are my property, I have the right to know where they are and who is with them. You did not inform me in advance and just moved my cats away which is not legal.” The two women said : “we sent you sms but you did not reply and unreachable.”and I told them that was not true, I did not know the number but I called J. Strockmeijer immediately when I saw the sms. So the two women asked if I called her, J. Strockmeijer said yes. So I asked J. Strockmeijer why she did not call me( she knows my callphone number) before it happened. J. Strockmeijer said it s too expensive to call
me, which is not true. before I had told her if I am not in the Netherlands, she still can call me, because the person who she calls will pay for the long-distance call fee, not she pays, she only needs to pay a local in-country call, that is why I always tell J. Strockmeijer do not hesitate to call me if it is necessary. She knows that. However, the two women said they don't care about it, and again, they
asked me to pay and sign the paper. And I said I didn't have so much money with me and since I was away, I had no idea what you did, why I should sign the paper to admit everything is true. They were really angry when I refused to sign the paper, the two women threw the pen to my face, stroke and hit the table and started to threaten me that they know people at the police office, cityhall, tax institution and other government
and legal organizations and also teachers at my school. If I don't pay the money and sign the paper, they would make me a bad record and that will affect my study and renewing my ID. And Melanie Buwalda said : “ I am a teacher and my words is more powerful than yours. If you pay and sign the paper, it will be over, we will not tell others( the truth is a lot of people have already heard the story from them). If you don't do it, we will tell your school , police and IND that you are an animal abuser, I guess in the end you will leave this country without finishing your study. Don't even think about looking for help from others, you are just a Chinese student, you are even not a dutch citizen. Nobody will believe your words, and we will play it with you until the end!” What she said really scared me and forced me to pay the money and signed the paper in the end.


When I entered my room, it was really messy. Especially the area for the documents, paperwork and studybooks. Especially the folder for the cats’ documents, paper is everywhere on the floor. In the following days, I also found some studybooks and paperwork missing. And in the end I found some in the trash bin, where trash covered the books, and some books can not be founded anymore.
11th, May, Mevrouw Buwalda, Melanie Buwalda, J. Strockmeijer, a friend of mine and I went to the cat hotel together. I saw my cats were much smaller than when I left them, and they were locked in a big cage with other cats, sharing food, everything with other cats. I asked Mr. Lochtenberg if I could have them into my arms, he said no, I asked why, he said that is his company policy. I told him that I would like to pick up the cats and my friend would take care of them. Mr. Lochtenberg, Mevrouw Buwalda, Melanie Buwalda and J. Strockmeijer all refused to give my cats back. Their reason is the cats are mine, I can not give cats to anyone or sell them, only the hotel can sell the cats. And they say I have to tell them my new living address, and they will send people to check if new place is ok for the cats, if not, the cats will be kept in the hotel. Mr. Lochtenberg said to me that the cats are mine, but they have to stay with me forever in a new place. In the end, my friend and I had to leave the hotel because they refused to give us the cats.


J. Strockmeijer kept threatening me in the following days with the housing contract and the paper I was forced to sign. She said I could not move out before next year, and after several days she changed her words again, said I could not move out before this Sep., then she changed her words again, said I should inform her two months in advance( About the housing contract issue, in the end it is solved, I officially can leave before 1st , July, and I paid rent for June, again, she refused to give me any receipts.)


I was threatened and scared seriously in
the past
weeks, even if I went to the police to ask for help, they did not show up on time to help me, but they told me they only gave J. Strockmeijer the permission to move the cats out of that little room, but not to the hotel, paperwork or money.


Since the end of Feb. 2010, I have told J. Strockmeijer
that my internship( be away 6 months) will start soon and I prefer a cheaper room, and I also need to renew my ID in June. She said it was ok for her and she also said I could take my time to find a new place. And she asked that I could give the cats to her son and her friends, but I told her that I would take my cats as hand luggages to China this summer holiday.


Last winter, J. Strockmeijer gave me the permission ( she broke the contract first) to have two cats in the house. Before March, 2010, there was nothing bad happened in the house. After the one year contract is finished, from March to Apr.,2010, J. Strockmeijer asked for so called damaged fee many times, in total, it is more than 3000 eur, most is for her so called antiques collection, such as gold, silver, diamonds plated plates, bowls and bottles. And my cats had been locked in the basement more than 12hours several times. The explaination from
J. Strockmeijer is : by accident.



My two cats have been
in the so called cats hotel for more than one month, and the price on the website is 7 eur one cat per day, no matter what kind of cats, but the owner of the cats hotel said my cats are very special( I never know my cats are “special” and I see that they are locked and share the same food and facilities with other cats together), so the price will be much more expensive than 7 eur per day.



The bill for the cats hotel for May is 499 eur.
Mr. Lochtenberg

never directly contacts me or calls me( He knows my cellphone number), insteadily, he always contacted my school . 9th June, he called my school and on 10th June, the teacher sent me an email, following is a paragraph from the email:

He had heard that you moved out from the house of Mrs. Strockmeijer.
He asks you to come over and pick up the cats. He knows from ms. Buwalda that you went to a lawyer.
Ms. Buwalda has told him that Mrs. Strockmeijer went to a lawyer too.
He knows that your lawyer has demanded Mrs. Strockmeijer to pay the costs of the cats.
Yet he askes you to get the cats now and pay the costs. You can get the amount back later from Mrs. Strockmeijer, so he said, in case the law decides she should pay.
Mr. Lochtenberg has sent the bill for the month of May to your former address. These costs are €499,- .


My teacher asked him that Xin wants to give the cats to her friend, why you refuse to give the cats to her. Mr. Lochtenberg changed his words again, he said he thought I have no friends in the Netherlands. The truth is my friend and I were in the cats hotel to ask to get the cats back and Mr. Lochtenberg refused it.

So far I haven’t picked my cats up yet, because besides the payment, I still need to sign a paper that who picks up the cats, and if I sign this paper, does it prove that I agree on what happened to the cats and I should be the one that takes all the responsibilities? I cant trust their words anymore. No one can guarantee that J. Strockmeijer would pay for the cats hotel fee, and they all insist that the cats are Xin’s, so Xin should pay all the bills no matter who sends the cats to the hotel, they just obey the laws and do the procedure.

Mr. Lochtenberg, Mevrouw Buwalda, Melanie Buwalda and J. Strockmeijer tried to use their effect to ruin my reputation, they tell people that im an animal abuser and tried to kill the two cats no food no water and make them very dirty. The story they made up has misguarded a lot of people and also cause me a lot of inconvenience in my daily life. Also someone has put the articles on internet with my real name, and people in Emmen and in Deventer ( because the cats seller is from Deventer and they told the seller that I torture cats ) heard the story as well. J. Strockmeijer is quite “ good” in Emmen, I really want to reveal every ugly truth I know about her, but people around me don't believe me and don't help me. What can I do? Who can I really trust and go to?


“TNT express Matter”
One day in March, 2010, when I came back from school, J. Strockmeijer told me she signed a parcel for me from TNT express, and she paid 48,13 euro for the parcel and there was no any receipts from TNT express. So I gave 48,13 euro to her.
After several weeks, I got a letter from TNT express, the Factuurdatum was
31/03/10, asking for the payment of 48,13 euro. I was very confused when I got this letter, so I asked J. Strockmeijer if she paid it or not. She was very angry at me and yelled at me: “ You don't trust me! I am a Christian and im already over 70 years old, I will not lie to you. It must be a mistake from TNT express”. And she put her hands on her heart, and said: “ Don't make me angry, I have heart attack”. Her health is always good and I don't know if she really has heart attack or not, but I was very afraid of it.

Later, I received a letter with the Herinneringsdatum was 17.04.2010, the amount was 48,13 euro, and she told me just ignoring the letter, TNT express always does this kind of stupid things. And she kept saying herself is a very honest Christian. To avoid her so called heart attack, I kept silent.
The third letter from TNT express was dated on 4 mei 2010, it was the final warning, the amount was 63,13 euro( later I paid by my bank account). J. Strockmeijer was extremely unhappy with it. She asked me: “ Why TNT express always sent letters to you? Do you guys always contact each other? I don't know what you and TNT express talked about, but I don't like paperwork. You ask them do not send any letters to my house anymore!”
I realized that I could not trust her anymore, because she has asked a lot of money from me without any receipts. TNT express’letters reminded me a lot of things.

Later, I called Credit Control of TNT express, and the worker checked the system and it showed that J. Strockmeijer signed the parcel, but didn't pay anything. When I talked about this issue with her, she was really emotional and kept saying TNT express and I made up the whole story just to steal
money from the poor old woman. I knew she likes changing her words and denying everything, so I gave her the TNT express phone number. After she talked with Credit Control, she told people that she is very shamed of dutch people, especially TNT express, she will accuse. And people in this little Village all believe her story, because she is old, and im just an international student. I also went to the police, but they didn't care.


The amount of cash I have paid for so far (euro):
7140( housing rent is 420 per month, and in the contract, she clearly says I have to pay everything in cash, J. Strockmeijer wont accept any bank payment or cheques) for contrated time from 1st ,March 2009 to 1st , July 2010+3000 for cats damage fee +2000 for cats damage fee+612,50 for cats damage fee+48,13 for J. Strockmeijer +63,13 for TNT express administration because of J. Strockmeijer + 400(borg)+ unestimated amount for many times reparing the facilities before


The amount of money I still need to pay : + 499 for cat hotel bill in May +unknown amount for cat hotel bill in June+ unknown amount for hiring a professional cleaning company as J. Strockmeijer requests+ potential payment that J. Strockmeijer asks for the repairing facilities in the house, etc.

Again,
J. Strockmeijer always says she is very old, and she doesn't know how to write a receipt, and I wrote the receipts and asked her to sign it, she refused it and always says her paperwork is all organized by Mevrouw Buwalda and Melanie Buwalda, she will not sign anything until they say yes. And every time I wanted receipts, J. Strockmeijer was always angry at me and kept saying that I didn't trust this old Christian, and touched her heart and talked about her heart attack. That's her cash trick.


I only have two receipts from J. Strockmeijer, and my current lawyer says she cant help me about this anymore, because I have no proof and J. Strockmeijer has a lot of proof and witnesses, and the lawyer and school all ask me to forget the whole thing, just pay no matter how much they ask, and pick up my cats. I strongly feel I cant trust my current lawyer anymore.

What can I do? Who can I really trust and go to? Is there still any justice for foreign student here? I want to go to the courts, but I even haven’t found my new lawyer yet. And the only legal advice I get is:
forget the whole thing, pay whatever they ask, pick up your cats, even if you go to the courts, judge will not believe you, because you don't have enough proof and witnesses,
and J. Strockmeijer
has the paper with your signature and three witnesses, plus you still need to pay more money for the lawyer and judge, it is a dead case, no worth to paying more, you will 100% lose this case in the courts.


I am not saying I want every euro back, but my reputation and the justice is more important to me. Is it wrong? And why is it so difficult?
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SDS  中级海盗  2010-6-24 22:21:56 | 显示全部楼层 来自: 荷兰
你缺少证据, 每次都是电话联系。很少有书面的有利证据。 你给他付钱的时候怎么也不要收据呢?我想律师很不好办。
这个房子是你自己找的还是学校找的?找一下你当时租房的中间人协调一下。
这个房子就你们2个人住,你一个说辞,他一个说辞,你说让法官相信说呢?没有任何证据。你为什么要付给他+3000 for cats damage fee +2000 for cats damage fee+612,50 for cats damage fee。你觉得她是欺诈,为什么不报警,而是把钱给她呢?而且是大量的cash.
还有cat就是cat的事,不要把tnt 的事情说到一起。尤其是你和律师谈的时候。
我很同情mm,但是我真的担心这个官司你的胜率很低。
看看别的战友有什么建议。
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死活水  海贼王  2010-6-24 23:52:17 | 显示全部楼层 来自: 荷兰
不知道你怎么这么容易掏钱的
emmen房租420???studio吗?
2000多欧 破坏的东西?你的猫没买保险吗?
坏的东西在哪里呢?
你和他俩个朋友谈的时候没有人在 没写书面证明?

你就没有你好好对待你猫的证据
离开前的照片
你不在的时候放在朋友家的证据
你房间少了东西 少了什么东西 价格多少 你没去报案?
另外他们来个朋友 威胁你 你没去报案?

你自己什么证据都没有
怎么去讨justice呢?
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死活水  海贼王  2010-6-24 23:52:55 | 显示全部楼层 来自: 荷兰
你可以给你的房东报名 huismelker van de jaar 大奖
wijk  中级海盗  2010-6-25 00:00:35 | 显示全部楼层 来自: 荷兰
1. 你从瑞士回来后,她让你签字的那份文件,我认为无效:

荷兰Burgelijk Wetboek(民法通则)里 第3:33条规定:
Een rechtshandeling vereist een op een rechtsgevolg gerichte wil die zich door een verklaring heeft geopenbaard

简单说任何具有法律效益的行为要满足两个条件:1。有达成具有法律效力行为的意愿 wil 2。这种意愿要通过"声明 verklaring"方式来得到公开。
例如,购买东西时候商品上面的价格标签是公开声明。如果没有达成"具有法律效力行为的意愿,"此法律行为可以被毁掉。

2。
民法通则 里第 3:44条 列举几中"意愿"不成立的情况:
分别是:BEDREIGING (威胁), BEDROG(欺诈) 和 MISBRUIK VAN OMSTANDIGHEDEN (滥用情形)。也许你的案子可以用。

3. 刑法:
他们威胁你 (for example, 告诉学校和通知移民局)不构成刑法art 238 Sr 条里面所定义的威胁。
另外你无法满足刑事诉讼法 Strafvordering 里面对证据的要求。所以很难证明。

4. 民事诉讼CASE: 找警察是没有用的。民事要找律师然后上法庭。
刑事CASE:  警察只是受理报案,最后是否起诉是由OPENBARE MINISTERIE(检察院)来定的。所以不要在警察局上面浪费时间

5. 我没看明白为什么你拿不回你的猫。你理解很正确:宠物是你的财产。

6. 一切都是个人观点。.我只知道这些。 我还不是律师 (只上过法律课),所以我帮不了你太多。

祝LZ好运。

[ 本帖最后由 wijk 于 2010-6-25 17:16 编辑 ]
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死活水  海贼王  2010-6-25 00:36:17 | 显示全部楼层 来自: 荷兰
1. 其实他签了就是等于他同意了 也就是有了这个wil
3. lz根本没有收据 都是现金。 lz无法证明房东收取了2000欧 除非 你签的那份有写
猫的行为 应该是归类在 aansprakelijkheid下面 lz作为猫的主人也应该对猫说做的负责。
除非楼主能证明这期间 猫是在房东的看管下。(不明白的是; 房东说猫被锁在房间里, 你是故意要饿死猫的。 猫又怎么能够出来 损坏他的东西呢? 房东是不是可以按 verwaarlozing 承担责任呢?比较只有他和猫在一起 猫只有活动 他怎么就没诶猫吃的呢?
6. 这应该是 被虐动物的一个流程吧。 一lz房子不能够养(不适合) 二。 没付钱。

lz你试试换个律师 找一些关于动物的律师 机会比较大。
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wijk  中级海盗  2010-6-25 01:29:17 | 显示全部楼层 来自: 荷兰
死活水: good point. An interesting discussion about Aansprakelijkheid Dieren:

Art. 6:179 BW: De bezitter van een dier is aansprakelijk voor de door het dier aangerichte schade.

In Dutch law, there is a difference among eigenaar (owner), "bezitter" and "houder."

From the legal perspective, LZ is the owner of the cat. But he is not necessarily the bezitter of the cat.

Art 3:107 lid 1 BW: bezit is het houden van een goed voor zichzelf.

Does the lady keep the cat for herself? This becomes very unclear especially because

art 3: 108 BW says "Of iemand een goed houdt en of hij dit voor zichzelf of voor een ander doet, wordt naar verkeersopvatting beoordeeld,"

So it means the judge decides.

Personally, I think, the landlady is a houder for sure. But I am not sure if she is a bezitter, which is also the main issue of dicussion.

However, Art 3:112 BW says "Bezit wordt verkregen door inbezitneming, door overdracht of door opvolging onder algemene titel."

I think she becomes a bezitter because of overdracht (art. 3:115 BW).

What do you guys think?



原帖由 死活水 于 2010-6-25 01:36 发表
1. 其实他签了就是等于他同意了 也就是有了这个wil   
3. lz根本没有收据 都是现金。 lz无法证明房东收取了2000欧 除非 你签的那份有写
猫的行为 应该是归类在 aansprakelijkheid下面 lz作为猫的主人也应该对猫说做的负 ...
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美心  中级海盗  2010-6-25 01:52:19 | 显示全部楼层 来自: 德国
很同情楼主 所以就是很不喜欢荷兰人 这类表面老的 或者政府工作的 都有可能是骗子 希望楼主别着急 不管什么事情都耐心面对 就算最后的结果不尽如人意 至少过程努力了 也是一种收获 但是我觉得从现在起不要在给钱了
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死活水  海贼王  2010-6-25 02:29:39 | 显示全部楼层 来自: 荷兰
原帖由 wijk 于 2010-6-25 02:29 发表
死活水: good point. An interesting discussion about Aansprakelijkheid Dieren:

Art. 6:179 BW: De bezitter van een dier is aansprakelijk voor de door het dier aangerichte schade.

In Dutch law, there i ...


要点在 lz把猫交给房东 不过房东不承认
如果lz门等都是开着的 而有证据 可以反过来说房东 对你的猫有verwaarlozing的嫌疑。
不过lz也要能证明自己都准备好吃喝等 也把猫交给房东了
房东也接受了
wijk  中级海盗  2010-6-25 06:08:00 | 显示全部楼层 来自: 荷兰
原帖由 死活水 于 2010-6-25 01:36 发表
1. 其实他签了就是等于他同意了 也就是有了这个wil
3. lz根本没有收据 都是现金。 lz无法证明房东收取了2000欧 除非 你签的那份有写
猫的行为 应该是归类在 aansprakelijkheid下面 lz作为猫的主人也应该对猫说做的负 ...


签了 doesn't mean there is a "wil."  Art 3:44 BW lists the cases: bedreiging, bedrog en misbruik van onervaring.
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