Wednesday, 27. May 2009
Action against Prof.Christer Bengs
dieter vogt, 17:15h
Prof.CHRISTER BENGS
Linkomäki 14,
Espoo 02630
Finland
REQUEST TO REMOVE THE DEFECTS OF THE PREMISES
Re: Contract of lease concerning Munga 9, Pärnu
Sept 22th, 2008 West-Estonian Fire Department (Rescue Service) has inspected the performance of the fire safety regulations in the building located by the address Munga 9, Pärnu.
The inspector has ascertained that the all the four heaters (ovens) in the building are broken – there are deep chaps in the ovens walls, exterior has lampblack traces, the stovepipes are cracked. The inspector has ascertained that all the ovens in the building are inflammable and prohibited using of all the ovens (4) before repairing of them.
The fire Department has made the prescription to repair all the ovens in the building and applied compulsory measures.
According to the § 276 of the Contractual Law of the Republic of Estonia a lessor is required to deliver a thing, together with its accessories, to a lessee by the agreed time and in a suitable condition for contractual use and to ensure that the thing is maintained in such condition during the validity of the contract. According to the § 278 of the Contractual Law, if a leased thing is, during the term of a contract, affected with a defect if there is an obstacle to the contractual use of the thing, the lessee may demand that the lessor remove the defect or obstacle pursuant to the provisions of § 279 of this Law.
As the it´s prohibited using of all the ovens, the building is without heating. The contractual use of the leased building is impossible. Thus there is an obstacle to the contractual use of the leased building.
Herewith The Lessee requires that The Lessor removes the defects within two weeks from the making of this request.
Linkomäki 14,
Espoo 02630
Finland
REQUEST TO REMOVE THE DEFECTS OF THE PREMISES
Re: Contract of lease concerning Munga 9, Pärnu
Sept 22th, 2008 West-Estonian Fire Department (Rescue Service) has inspected the performance of the fire safety regulations in the building located by the address Munga 9, Pärnu.
The inspector has ascertained that the all the four heaters (ovens) in the building are broken – there are deep chaps in the ovens walls, exterior has lampblack traces, the stovepipes are cracked. The inspector has ascertained that all the ovens in the building are inflammable and prohibited using of all the ovens (4) before repairing of them.
The fire Department has made the prescription to repair all the ovens in the building and applied compulsory measures.
According to the § 276 of the Contractual Law of the Republic of Estonia a lessor is required to deliver a thing, together with its accessories, to a lessee by the agreed time and in a suitable condition for contractual use and to ensure that the thing is maintained in such condition during the validity of the contract. According to the § 278 of the Contractual Law, if a leased thing is, during the term of a contract, affected with a defect if there is an obstacle to the contractual use of the thing, the lessee may demand that the lessor remove the defect or obstacle pursuant to the provisions of § 279 of this Law.
As the it´s prohibited using of all the ovens, the building is without heating. The contractual use of the leased building is impossible. Thus there is an obstacle to the contractual use of the leased building.
Herewith The Lessee requires that The Lessor removes the defects within two weeks from the making of this request.
... link (11 Kommentare) ... comment
Action against Prof.Christer Bengs
dieter vogt, 17:08h
Christer Bengs TKK Helsinki
You have told my lawyer that you do not wish to discuss anything, you have ignored the court and all my invitations to meet in my home town. So once again I visited yours yesterday, to follow the court instructions and move the matter forward.
Despite calling, and sending you SMS messages, you did not have enough courtesy to reply. Your arrogance and contempt for the Estonian court, as well as me, are unforgiveable.
I shall not spend more time visiting Espoo just to be ignored by you, it is your opportunity to act now. I shall expect to hear from you within 48 hours offering a firm appointment to meet in Parnu before the middle of next month.
If you won't do so then I shall have to take further action myself. I have taken advice and you can be sure that you won't need to complain to Mr Knutti.
I look forward to hearing from you with a helpful reply.
You have told my lawyer that you do not wish to discuss anything, you have ignored the court and all my invitations to meet in my home town. So once again I visited yours yesterday, to follow the court instructions and move the matter forward.
Despite calling, and sending you SMS messages, you did not have enough courtesy to reply. Your arrogance and contempt for the Estonian court, as well as me, are unforgiveable.
I shall not spend more time visiting Espoo just to be ignored by you, it is your opportunity to act now. I shall expect to hear from you within 48 hours offering a firm appointment to meet in Parnu before the middle of next month.
If you won't do so then I shall have to take further action myself. I have taken advice and you can be sure that you won't need to complain to Mr Knutti.
I look forward to hearing from you with a helpful reply.
... link (0 Kommentare) ... comment
Action against Prof.Christer Bengs
dieter vogt, 17:07h
Christer Bengs,TKK Helsinki.
You probably know that your colleague Prof. Christer Bengs owns properties in Estonia, you may not know how badly he treats those who do business with him. My Estonian company, Balti Domus OÜ (trading as Primavera Restaurant) made the mistake of renting one of his properties in Pärnu.
At the 4th.of January 2008 I signed a contract to lease from Mr Bengs, for a period of 5 years, restaurant premises in central Pärnu. As soon as I had the keys and started preparations to open the restaurant we found that the premises, as handed over, were absolutely not as promised in the contract and Mr Bengs was therefore in breach of the contract. I was required to spend a lot of money ( about one million Estonian Kroons ) making the repairs and replacements needed to make the building suitable for the contracted purpose and open my restaurant.
Mr Bengs would not discuss the issues.
He has, however, done his best to make my life hell. He tried to have one court order made for repossession, a second application was intended to disconnect me from the water supply and then he made a third in an attempt to force me to pay for required fire security works which are his responsibility as the owner.
Justice was done and all 3 applications failed.
The Restaurant has been closed since the first of November 2008 and I have lost my business because the licence has been revoked from the Pärnu Fire Department due to dangerous stoves, which he has refused to replace, but he still sends me Monthly Invoices for the rent. I travelled to Espoo again at the 21st May, to meet him, but he neither answered the phone nor talked to me. After my friend called from his phone, Mr.Bengs' wife called back after 1 hour but then she pushes the phone down as well.
The court has made it clear that they expect us to negotiate a compromise, but since the first day of rental, Mr Bengs has avoided any discussion of the matter. He prefers to leave the court to spend their valuable time in producing a solution. I even took 2 times the trouble to visit Finland hoping to find him to negotiate an agreement for the court to ratify while he was not to be found, his complaint resulted in a request for me to be interviewed by Mr Knutti of Espoo Police Violent Crimes Division for threats.
Having explained the true situation to the Police I have heard nothing more.
He and his Lawyer also has not appeared in 2 Court appointments on 15th February and 15 April. Next court case is in early July, I hope that if he does not appear this time as well, the court is making decision in my favour without him.
Since first having problems I have met the restaurants proprietor from 2007, and his predecessor who had the premises for several years before that. They both confirm that the stoves were dangerous, the kitchen equipment was defective and the maintenance of the building was neglected by Mr Bengs. They both lost their livelihoods as a result, and both found, just like I did, that Mr Bengs would not discuss the issues or take any action to fulfil his responsibilities.
This shows that he has repeated the same deceitful trick on all of us, over a period of at least 8 years.
You may agree that your colleague’s behaviour is a disgrace.
You probably know that your colleague Prof. Christer Bengs owns properties in Estonia, you may not know how badly he treats those who do business with him. My Estonian company, Balti Domus OÜ (trading as Primavera Restaurant) made the mistake of renting one of his properties in Pärnu.
At the 4th.of January 2008 I signed a contract to lease from Mr Bengs, for a period of 5 years, restaurant premises in central Pärnu. As soon as I had the keys and started preparations to open the restaurant we found that the premises, as handed over, were absolutely not as promised in the contract and Mr Bengs was therefore in breach of the contract. I was required to spend a lot of money ( about one million Estonian Kroons ) making the repairs and replacements needed to make the building suitable for the contracted purpose and open my restaurant.
Mr Bengs would not discuss the issues.
He has, however, done his best to make my life hell. He tried to have one court order made for repossession, a second application was intended to disconnect me from the water supply and then he made a third in an attempt to force me to pay for required fire security works which are his responsibility as the owner.
Justice was done and all 3 applications failed.
The Restaurant has been closed since the first of November 2008 and I have lost my business because the licence has been revoked from the Pärnu Fire Department due to dangerous stoves, which he has refused to replace, but he still sends me Monthly Invoices for the rent. I travelled to Espoo again at the 21st May, to meet him, but he neither answered the phone nor talked to me. After my friend called from his phone, Mr.Bengs' wife called back after 1 hour but then she pushes the phone down as well.
The court has made it clear that they expect us to negotiate a compromise, but since the first day of rental, Mr Bengs has avoided any discussion of the matter. He prefers to leave the court to spend their valuable time in producing a solution. I even took 2 times the trouble to visit Finland hoping to find him to negotiate an agreement for the court to ratify while he was not to be found, his complaint resulted in a request for me to be interviewed by Mr Knutti of Espoo Police Violent Crimes Division for threats.
Having explained the true situation to the Police I have heard nothing more.
He and his Lawyer also has not appeared in 2 Court appointments on 15th February and 15 April. Next court case is in early July, I hope that if he does not appear this time as well, the court is making decision in my favour without him.
Since first having problems I have met the restaurants proprietor from 2007, and his predecessor who had the premises for several years before that. They both confirm that the stoves were dangerous, the kitchen equipment was defective and the maintenance of the building was neglected by Mr Bengs. They both lost their livelihoods as a result, and both found, just like I did, that Mr Bengs would not discuss the issues or take any action to fulfil his responsibilities.
This shows that he has repeated the same deceitful trick on all of us, over a period of at least 8 years.
You may agree that your colleague’s behaviour is a disgrace.
... link (0 Kommentare) ... comment
