File a complaint with the Dutch Bar Association?

Questioner

On September 24, 2023, I received a lady from my choir at my home. She had indicated that she was interested in a mattress, which I wanted to get rid of. We came to an agreement on the price, namely 220 for the mattress and the protective cover. She asked me if she could pay this in installments, and I agreed. She paid me the first installment of 89 immediately, and would pay the rest within three months (so November 24). I helped her load the mattress (and also heels and a dress that she also took). The following week I asked if she liked it and I received a text message in which she was enthusiastic about the mattress, and wanted more information, because she wanted to buy two more such mattresses. I gave her this information. Then she no longer wanted to pay the remainder, and return the mattress, because she had seen cheaper mattresses elsewhere on the internet. I indicated that we had a binding agreement, and that I therefore did not agree. This was not the agreement. Apart from the fact that I do not want to take back a used item. Unfortunately, she then started texting me endlessly, in which she tried to threaten me, blackmail me and such to get her way. Eventually I blocked her. I still did not get a response to my payment requests. Then I called in a lawyer, who indicated the same as what I had said. That she had entered into an agreement, and that she must adhere to it. Then she went to a lawyer, who unilaterally terminated this agreement, stating that the mattress was defective. That it was not soft, not clean, that sort of thing. This lawyer did not respond at all to my answer that she had not told me anything about this in all those months, and also sent a message that she was very satisfied. He tells me that I have to pay her, and that I have to come and pick up the stuff! I said that I don't want that, and certainly not going to rent a car to get my own stuff back. Then he tells me that the lady will bring it when I have paid. This is all not right, he cannot simply terminate this agreement, he must respond to my refutation of her complaint, and the fact that she has had my stuff for more than three months now (so a lot could have happened with the mattress in that time), and was only enthusiastic about her purchase via app to me, and after the threats has now made this up, and he lends himself to this. My question is how I can solve this, because this is not legally correct. I suspect that she had a boyfriend do this, and is trying to exhaust me, because I have to pay for a lawyer. I want to report this abuse to the Bar Association, because this course of events is not legal in my opinion.

Lawyer

Because you indicate that the problem is with a lawyer and not with a solicitor, it may not be possible for you to file a complaint with the Bar Association. A lawyer can work without being affiliated with the Bar Association, while a solicitor always is. It appears that you had a sales agreement, which is normally binding. If the wife is indeed trying to escape the obligations of the agreement, you may want to consider legal action to recover the remaining payments. In light of the communications, the 'lawyer's' claim that the bed is 'faulty' seems to contradict the earlier messages of satisfaction. This kind of evidence may be useful if you decide to take legal action. If you suspect that the self-proclaimed lawyer is behaving in an unprofessional manner, it is also an option to consider filing a complaint with the professional association to which this person belongs, if applicable. Another option is to report it to the police if you feel threatened or defrauded. As always, you may want to consider the legal costs involved in taking steps to seek justice in this situation. It is wise to consult with a lawyer or attorney early on regarding these costs and the best course of action. Remember that this advice is general and may not be fully applicable to your particular situation. Each case is unique and may require specific considerations influenced by the full set of facts available and the applicable law. --------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.