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Starved by blocking bank accounts (2015 -)

Posted 10 Oct 2016 at 09:54 AM by St Jimmy

Since 2005 I have been plaintiff in a court case against my employer ABN AMRO. On September 16, 2014 the higher court (Gerechtshof) finally ruled that ABN AMRO should pay me my overdue salary, which was around 600,000 euro gross, increased with compensation for my costs in the law suit, or an estimated 350,000 euro net, see (in Dutch): http://uitspraken.rechtspraak.nl/inz...HAMS:2014:4060
My attorney Van Woudenberg (law firm Keizerhof) resigned on October 3, because she didn´t want to make ABN AMRO pay. On October 6 I sent my own letter asking ABN AMRO to pay me 600,000 euro gross. To my surprise in October and November 2014 ABN AMRO paid me around 240,000 euro.
At this time I thought I was financially secure, but was obviously wrong...
On February 23, 2015 I agreed that attorney Eisenberger (law firm HRE advocaten) would represent me in making ABN AMRO pay me also the rest of the money they own me. On February 26, Eisenberger sent a letter to ABN AMRO, asking for my overdue salary. On March 30 I mailed Eisenberger asking to take action as agreed. He replied that he quit because I do not trust him (true indeed: only a complete idiot trusts a lawyer).
On April 2, Eisenberger sent me his “decreased” bill for an amount of 4266 euro. On April 15 I objected to the bill, because: he had not done anything for me and the hours were unreasonably high. On April 16, I received a new bill for 16 ½ hours at 5410 euro (for a total of 1 letter). On May 10 HRE advocaten replied by mail to my letter of April 15, stating he had read it with dismay and would submit the dispute to the Court.
On May 14, Eisenberger requested the court to confiscate (conservatior beslag) all the credit on my payment account under Rabobank Nederland and overdue salary with ABN AMRO, for a debt of 7873 euro. On May 15, Judge Mr. Drs. A.P. Schoonbrood-Wessels approved the request of Eisenberger for an estimated debt of 7033 euro for all the credit on my payment account. Schoonbrood-Wessels presides over the court that rules on (the complaints against) attorneys (“Raad van Discipline”). After discussing the matter with the dean (deken), on June 1 Eisenberger sent the decision of May 15 at writ by his bailiff Van der Meer Philipsen to Rabobank.
Only on June 2, Eisenberger informed me of his (criminal) actions. On June 3, 2015 Rabobank sent me a letter that not only my payment account was blocked, but also my savings account.

On June 12 and 15, 2015 I made a deal with attorney Hillebrandt (law firm Palthe Oberman to represent me. To lift the confiscation, there were two options (“art. 705 Rv”): 1) the blocking is unsound or 2) provide security.
Hillebrandt could’ve proven that the confiscation is unsound, but didn’t even try. Hillebrandt didn´t offer security, then asked another provisional judge to rule (in Kort geding). Predictably the judge on July 6 ruled that the confiscation would not be lifted.
In the meanwhile Eisenberger on July 6 filed a second request to the court to confiscate (conservatior beslag) all the credit on my savings account under Rabobank (because the first confiscation was unsound), for a debt of 20,756 euro. This request was approved for a total amount of 7033 euro on July 8, of which I was informed by writ of the bailiff on July 10.
Since then I sent mails to several attorneys, one attorney promised to solve the blocking of my bank accounts within 2 weeks on October 30 and resigned on November 13, 2015.

Food - On June 29, 2015 I contacted my personal doctor (huisarts) to help me. He answered he wouldn’t help me, but when I persisted he asked the debt counselling of the city of Amsterdam to help me. The debt counselling told my doctor they would help, but – of course – didn’t. The debt counselling arranged food from the Food bank (Voedselbank), that on July 3 gave me POISONED food.
I also asked help from organisations like the Salvation Army. Basically there are several “charities” that do not really help the homeless, but provide them with food. On July 15, one of these organisations gave me a list of places where I could get food for free. To my surprise since then I ate enough to get back some of my weight loss. On September 2, one of these places POISONED me, giving me a fever and diarrhoea. Since then it again became very hard to eat.

In the meanwhile my employer ABN AMRO, on March 6, 2015, petitioned the judge to terminate my contract. On October 20 judge Van Buitenen decided to terminate my contract and that ABN AMRO should pay me 26,560 euro for compensation. On October 23, I asked a bailiff to execute the court order of October 20; only on November 4 he issued the writ to ABN AMRO summoning payment within two days. On November 9, I asked the bailiff to confiscate the possessions of ABN AMRO, which the bailiff refused. The bailiff informed me on November 10, that he had received 12,839 euro. On November 12 the bailiff credited my bank account with 12,000 euro.
On November 29, 2015 I requested the UWV for unemployment support (werkeloosheidsuitkering). Because ABN AMRO had informed UWV I had no right for salary in the last year, I expected UWV to reject my request. On December 21 I filed a request for correction (correctieverzoek). On December 22 UWV rejected my request for unemployment support. On January 13, 2016 UWV decided to grant me unemployment support for 4348 euro gross per month (which keeps me alive).

All the while the main case (bodemprocedure) against attorney Eisenberger is running, concerning the amount of money I own for his 1 letter.
On July 3 I petitioned to the court (kantonrechter) by provisional measure as incidental claim (Incidentele Conclusie) to lift the confiscation of my bank accounts totally or limit it to 7033 euro. On November 6, Judge Mr. E.R.S.M. Marres rejected my incidental claim, because otherwise the objective of the confiscation would not be achieved. On November 11, I petitioned (verzoekschrift ex art. 32 Rv) for judgement on my request to limit the confiscation, which was simply ignored. After my request was sent to Eisenberger, it was sent back to me, because it was not my turn to reply.
On November 26 Eisenberger replied (Repliek) and on 8 January, 2016 I rejoined (Dupliek). On February 5 the court decided that it would issue a verdict on February 12, 2016 but then it kept on postponing until March 11, April 8, May 6, June 3, July 1, July 29, August 26, September 23, October 21...
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  1. Old Comment
    Phil Jayhan's Avatar
    What does ABN AMRO make or do?
    Posted 11 Oct 2016 at 03:14 AM by Phil Jayhan Phil Jayhan is offline
  2. Old Comment
    St Jimmy's Avatar
    ABN AMRO bank is one of the largest banks in the Netherlands, it was formed in 1991 by the merger of ABN and AMRO banks (everybody in the Netherlands knows it, so I usually forget to add "bank"). From 1979 ABN was present on the American markets (it bought the LaSalle bank), some claim for money laundering.
    In 2008 it went bankrupt and to prevent the share holders (including the Dutch Royal family) losing too much money, it was bought by the government. In the end of 2015 it went back to the stock markets collecting billions.
    Not only was ABN AMRO connected to the Dutch Royal family and Rotschild, but from 1999 to 2003 Prince Pieter-Christiaan worked for Equity Capital Markets (a joint venture between ABN AMRO and Rothschild).
    Probably you already know that banks literally "make" money.
    Posted 11 Oct 2016 at 10:35 AM by St Jimmy St Jimmy is offline
  3. Old Comment
    Truthissweet's Avatar
    I hope you get everything you are owed, St Jimmy. I lived in Soesterberg/Utrecht for three years in mid 80's. I was at Camp New Amsterdam.
    Posted 14 Oct 2016 at 15:47 PM by Truthissweet Truthissweet is offline
  4. Old Comment
    St Jimmy's Avatar

    Verdict October 21

    Last October 21 the court finally ruled that I must pay attorney Ruud Eisenberger over 7000 euro (for 1 letter). To make things easier for the attorney to blackmail me, I still haven’t received the verdict myself from the court.
    I was summoned on October 31 at writ by bailiff Van der Meer Philipsen to pay up.

    The court simply ignored the misconduct of attorney Eisenberger.
    That’s not even counting that the bill of 5400 euro for 1 letter is unreasonably high.

    The court ruled that the blocking of my bank accounts was not unlawful, because the provisional judge, in which “my” attorney of Palthe Oberman argued that my accounts had to remain confiscated, decided it shouldn’t be lifted. Therefore it is irrelevant that I almost died of starvation, or that Eisenberger did not raise a single valid reason to block my accounts.
    Even this judge decided against the increased demand to €20756 - because Eisenberger also wanted to be paid for the hours he could have spent on this case in the future (with the argument that I had stolen the assignment from him).

    In a bizarre example of Kafkaesque jurisdiction the judge ruled that because I didn’t object “separately “ to the money Eisenberger spent on blocking my bank accounts, I also have to pay for these costs (therefore the amount went from 5400 to 7000 euro).

    Because I don’t have the original verdict of the court there’s still nothing I can do.
    The true nature of our legal system - organised crime.
    Posted 12 Nov 2016 at 12:00 PM by St Jimmy St Jimmy is offline
  5. Old Comment
    St Jimmy's Avatar

    Confiscation lifted

    After careful examination of the Dutch law I found out that one month after the bailiff of attorney Eisenberger sent me the court order (October 31); the confiscation is lifted (art. 722 Rv).
    On November 16 I asked the court to send me the (original) of the decision of the court that I never received; which I (finally) received on November 26. On December 5 I sent the original legal documents to a bailiff with the request to sign this and send it to Rabobank (betekenen).

    On December 6 suddenly the bailiff of attorney Eisenberger sent me a mail that he would take the more than 7000 euro (for 1 letter) in accordance with the court order, which would lift the confiscation of the rest of my savings.
    I should have done this earlier. Last December 16 I checked my accounts with “internet banking” and found out that since December 7 I can use my own savings (with more than 200,000 euro) again. I surely got some attention by asking at the bank office how to transfer 200,000 euro as the transaction limit is only 50,000 euro...
    Posted 21 Dec 2016 at 10:43 AM by St Jimmy St Jimmy is offline

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