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. She visited for a few hours, she tried out the mattress, picked out clothes and we ate cakes. We came to an agreement on the price, namely 220 for the mattress, with the protective cover. She asked me if she could pay this in installments, and I agreed, with the promise that she would have paid it off in three equal parts within three months. She paid the first installment immediately, namely 89 euros (this installment expired on November 24). I helped her load the mattress (plus the heels and a dress) into her car. The following week I texted her to ask if she liked the stuff, and she was very enthusiastic. So enthusiastic that she wanted more information about the mattress, so that she wanted to buy two more such mattresses. I gave her this information by means of my proof of purchase. She then refused to pay the remainder of what she owed me, and insisted that she return the mattress. This was because she could find cheaper mattresses elsewhere now that she was doing her research. I indicated that we had a binding purchase 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 mattress/item. Unfortunately, she then started texting me endlessly, in which she threatened me, blackmailed me and wrote everything down, all to get her way. In the end, I blocked her. I received no response to my payment requests. In the end, I called in a lawyer, because I found it outrageous to be treated like this by a choir member, and I actually felt threatened. The lawyer looked at the email traffic and judged that I was right, that she had entered into an agreement and that she had to abide by it. That she had no right to a refund or to return the purchased items. That cost me 100 euros and to my surprise this did not help at all. The lady went to her own lawyer, who then unilaterally terminated the purchase agreement, arguing that the mattress was defective. Not soft, dirty, etc. I replied to this lawyer that she had said nothing about it all those months. On the contrary, she had expressed her satisfaction. And that she has had my belongings in her possession for months now, and that anything could have happened to them. The lawyer did not respond to my arguments at all, but kept repeating that I had to pay (!!) and pick up my mattress (to my remark that I would not rent a car to pick up my own belongings, he did respond by saying that the lady would bring it, if I would transfer the money. This is totally wrong in my opinion. He can't just dissolve this agreement and he has to respond to my arguments. It seems very likely that this lawyer is a friend of this lady, who lends himself to this. Exhausting me, because it costs me money, so that she can get away with it. I want to report this abuse to the bar association of this lawyer. What is the best way to do this?

Lawyer

It is clear that this is a difficult and stressful situation for you. Based on what you have written, there seem to be a number of potential reasons to file a complaint with the Dutch Bar Association. For example, it may be unprofessional if the other party's lawyer unilaterally breaks the agreement without a clear legal reason or if he ignores your questions or concerns. You can file a complaint with the Dean of the Bar Association in the district where the lawyer in question works. You will have to file your complaint in writing. It is important to provide as much information as possible, including correspondence and other documents. Communication with the lawyer in question can also be important evidence for your complaint. However, please note that the Bar Association does not have the authority to judge the factual situation (such as the mattress issue), but only the professionalism and ethics of the lawyer. If you are in doubt about what to include or not include in your complaint, it may be useful to seek legal support. It is also advisable to write a letter to the lawyer in question, expressing your dissatisfaction with the way things are going, before you file the complaint with the Bar Association. This letter can also serve as evidence in your complaint procedure. Realize that a complaint procedure with the Bar Association can be a lengthy process. It is therefore advisable to also think about other ways to resolve your dispute, such as carrying out the legal steps that the lawyer may have suggested to you. However, consult a lawyer or attorney before taking any further steps. I hope this information has helped you somewhat and I wish you the best of luck in navigating this difficult situation. ---------------- 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.