Asked by the Customer on 09-04-2015 09:58:19
Question posted in the General Law category relating to Gauteng
Question posted in the General Law category relating to Gauteng
Good morning. lm from Malawi . l run a plastic manufacturing company. a month ago I ordeted some raw materials from a company called zapetrochem (PTY) Ltd. The total amount of the raw materials was $25,200.00 he asked us to pay an advance payment which was sent through the bank. Then he would send the goods but he still has not done that. now we have sent the money from our bankers to his bankers and he has still not sent the goods, claiming he has not received the money. We have come to realise he is a fraud. His address is xxxxx road, Port Elizabeth EC South Africa. waiting for your response. Thank you Regards Jaishree.
Message from the Attorney
Posted by Att. Patrick on 09-04-2015 11:04:58
Hi there Jaishree and thank you for your question,
I'm sorry to hear that you're having trouble with getting delivery of your ordered goods.
I don't know if you can say that ZA Petrochem (Pty) Ltd ("ZAP") has necessarily committed a fraud, as ZAP is among the leading companies in intermediate petrochemicals field in the South Africa and has a website (http://www.zapetrochem.com/) and contact details, etc, etc.
It looks to me as if there is a dispute regarding payment, and whether the payment was received by ZAP or not.
Question: How did you make the payment to ZAP? Was it through your bank with reserve bank approval, or was it through a third party? In other words, was it a 100% legitimate transfer of money, or did someone offer to help you transfer the money for a cheaper rate?
My concern is that you used a third party to do the transfer and that third party has stolen the money.
If you are 100% sure that the money was actually transferred to ZAP's bank account, and ZAP is still not delivering the products, then your best bet would be to launch an application in the South African High Court for a Court Order ordering ZAP to comply with your agreement and deliver the products within 7 days. This will mean that you will need to hire an attorney to represent you in Court, and you will need to speak to your attorney regarding charges!
If you have proof that the money was transferred to ZAP's account, that will most certainly assist you!!!
I can't refer you to a specific attorney, but I can direct you to the following two websites, www.findanattorney.co.za OR www.attorneys.co.za, where you can find a list of qualified attorneys in your area who will be able to assist you further!
Once you have a judgment from Court, then the Sheriff of the Court can execute that judgment and attach ZAP's assets and sell them in execution. You will then get your money back.
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
I'm sorry to hear that you're having trouble with getting delivery of your ordered goods.
I don't know if you can say that ZA Petrochem (Pty) Ltd ("ZAP") has necessarily committed a fraud, as ZAP is among the leading companies in intermediate petrochemicals field in the South Africa and has a website (http://www.zapetrochem.com/) and contact details, etc, etc.
It looks to me as if there is a dispute regarding payment, and whether the payment was received by ZAP or not.
Question: How did you make the payment to ZAP? Was it through your bank with reserve bank approval, or was it through a third party? In other words, was it a 100% legitimate transfer of money, or did someone offer to help you transfer the money for a cheaper rate?
My concern is that you used a third party to do the transfer and that third party has stolen the money.
If you are 100% sure that the money was actually transferred to ZAP's bank account, and ZAP is still not delivering the products, then your best bet would be to launch an application in the South African High Court for a Court Order ordering ZAP to comply with your agreement and deliver the products within 7 days. This will mean that you will need to hire an attorney to represent you in Court, and you will need to speak to your attorney regarding charges!
If you have proof that the money was transferred to ZAP's account, that will most certainly assist you!!!
I can't refer you to a specific attorney, but I can direct you to the following two websites, www.findanattorney.co.za OR www.attorneys.co.za, where you can find a list of qualified attorneys in your area who will be able to assist you further!
Once you have a judgment from Court, then the Sheriff of the Court can execute that judgment and attach ZAP's assets and sell them in execution. You will then get your money back.
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
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