simon

茂四, this is not legal advice but if i were in your case i will personally do this.
write a letter, in english(make sure it sounds professional with no grammar/spelling mistakes) stating some background information and that a refund is being sought in accordance with the original contract. And mention that this will be taken to court if not resolved and proper authorities and possibly the media will be notified. Put a timeline of 1-2 weeks for their response. Send it via registered mail to get a signature that they did receive it. Send it addressed to the restaurant manager, CC to maybe their executive board(if information on them can be found). Avoid accusations of wrongdoings or anything similar on the letter.
Wait for a response.

茂四

茂四, this is not legal advice but if i were in your case i will personally do this.
write a letter, in english(make sure it sounds professional with no grammar/spelling mistakes) stating some backgro ...
simon 發表於 2009-4-16 18:13

Thanks for the suggestion Simon. Most likely they won't refund the deposit if I write a letter personally. We are thinking to seek advice from notary service and ask them to send a letter. I heard you can actually ask for more money since you can claim all your losts in this period. ie. the deposit we paid for another restaurant and expenses from lawyer etc...

simon

you can claim but whether they pay is another issue.
a notary or a lawyer will be a good idea but if they still dont pay, you lost some $$ on fees.
do you go to UBC or SFU? they have free legal advice there.
you can maybe write the letter and see if the lawyer will send it on your behalf.

茂四

[quote]
a notary or a lawyer will be a good idea but if they still dont pay, you lost some $$ on fees.


yea, that's why we are still thinking to seek help from them or not....

simon

do a personal one lor...
mail it ot them registered. fax it to them a couple of times...should catch their attention

somewhereintime

25# simon
Legal action does not really help, you can take them to small claim court,
even the plaintiff  won, the defender have to pay the court fee but the
judge cannot force him/her to payback.
So the only way to get even is to spread the word and the will suffer, sorry
you do not get any compensation.

yogasing

PK 呃錢!!  Dude, I have Food and Environment Vancouver dept phone.  Do you want it?

simon

25# simon
Legal action does not really help, you can take them to small claim court,
even the plaintiff  won, the defender have to pay the court fee but the
judge cannot force him/her to payback.
S ...
somewhereintime 發表於 2009-4-16 22:01

no...
if you get a judgment against them, it is enforceable for 10 years. you can get the bailiff and start going into the restaurant to seize items if they don't pay. freeze their accounts, etc
btw, Richmond has a fast-track small claims court system implemented. it is much faster than other cities. worth a try.
filing small claims is like $125 only

Ultraman

I think we have to make things clear before taking any further money consuming action.
The original restaurant which received your $1000 deposit closed down, then this "new" restaurant "re-opened" with the old name. Knowing that even they use the same old Chinese name, doesn't mean they're the same registered company cuz the actual registered company name should be in English, and most likely even they're the same group of owners they would have used a different English registered name. If that is the case, it's very reasonable that the new restaurant refuses to refund the $1000 to you cuz they were not the one who received it in the first place.

I also pissed by that particular manager's attitude. However, I think he only wants to gain your further business and actually he has no liability to give you any refund (mentioned as above). There is no point to sue him for his rudeness and impoliteness (even seems like threatening) without a solid ground.

See if you can check whether the two restaurants were under the same registered company, if so, then you have a stronger stand to chase back your money, either via small claim court or a lawyer. If not, better don't waste anymore money and have to admit your bad luck.
Good luck!

bluemoon

usually how much budget you have per table?   and how many table you booked?   mind sharing?