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| Can a video be shown like this here in Cyprus? https://paphospeople.com/ppforum/viewtopic.php?f=45&t=33830 |
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| Author: | David100 [ Tue Jul 31, 2018 5:07 pm ] |
| Post subject: | Can a video be shown like this here in Cyprus? |
Hi, Just wondered if anyone could give me some guidance . I paid someone in cash ( A company), later finding out that he the owner did not pay his VAT. He has refused to give me receipts for the money. I have a video of our conversation, He tells me on this video that he did not pay his VAT and that he did not put the money though his company and that is why he can't give me a receipt. Hi is now claiming that I did not pay him. Can I show the police or the Vat or even load the video on to Facebook for everyone to see ?? Regards David |
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| Author: | M.A.D [ Wed Aug 01, 2018 9:32 am ] |
| Post subject: | Re: Can a video be shown like this here in Cyprus? |
Have you told ‘him’ that you have ‘proof of payment’ on video? Offer to let him see ‘a copy’ and tell him you will forward it to the relevant authority if he doesn’t give you receipts |
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| Author: | David100 [ Wed Aug 01, 2018 1:31 pm ] |
| Post subject: | Re: Can a video be shown like this here in Cyprus? |
I did but he told me I cant show anyone the tape/video as I didn't ask his permission. It was only after me telling him this he told me that I owed him money and that I didn't pay him any money in cash! I paid him in full. |
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| Author: | Sergio [ Wed Aug 01, 2018 2:32 pm ] |
| Post subject: | Re: Can a video be shown like this here in Cyprus? |
Well, in first hand you must exchange your hard earned money to his invoice/receipt/bill; now it's little bit too late … if you have witnesses, then you'll earn a ground in a court. |
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| Author: | M.A.D [ Wed Aug 01, 2018 2:39 pm ] |
| Post subject: | Re: Can a video be shown like this here in Cyprus? |
You might have to fork out a bit more and get advice from a lawyer...however...since dashcam and cctv evidence is used in Cyprus courts (and could be classed as without permission) I would tell him you have 'taken advice' are going to give it to the authorities on a particular date and see what he says. This is only a personal opinion |
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| Author: | Christie [ Sat Aug 18, 2018 7:52 am ] |
| Post subject: | Re: Can a video be shown like this here in Cyprus? |
The rule is that when the evidence is illegally obtained, in violation of human rights, it is automatically excluded, without any room for judicial discretion (except if any exception is explicitly provided by the law for the purposes set by the Constitution). That evidence is not automatically excluded when it only violates statutory provisions, where there is a room for judicial discretion. Videotaping people without any previous warning that a camera is placed and without their permission seems to violate their right to privacy, which is well protected as a human right. Even for the cameras placed in public places or outside private properties, we have to use signs telling people that here there is a camera, and this warning seems to be enough for giving other people the opportunity to decide whether they would like to be there and get videotaped. Your own behavior, as behavior, is not illegal itself (when you keep this material for yourself and not published), even though you cannot use your video in a Court of justice in order to prove the crime of that seller or as evidence of fact that you had paid the purchase price. The exclusion of evidence is a work for the Court, in the course of a trial, and not for anyone. In order for the seller to claim such purchase price, he will need to issue an invoice (and pay the VAT), and generally his own evidence, since the burden of proof is initially on him. Hence, it is not the time to look for evidence of payment without having an invoice to set in doubt; just do not pay because someone calls you on the phone and he asks for money… As avoiding paying VAT is illegal, same as not giving receipt of payment to consumers, you have some extra tools (i.e. claim to the police, claim to consumers’ association, etc). |
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