Asked by Wally7178 on 24-07-2014 09:57:19
Question posted in the Consumer Protection Law category relating to KwaZulu-Natal
Question posted in the Consumer Protection Law category relating to KwaZulu-Natal
Hi,
I purchased an item (a camera) via the internet from a web store based in Cape Town (http://www.bigboytoys.co.za), the owner of the website is Hennie Pretorius. Payment of R2,905.29 was made via direct transfer of funds. I received acknowledgement of the payment and was advised that the item is on backorder. A few days later I was advised that the item is now in stock. Two months later I have still not received the item and after countless attempts to contact Hennie vie phone or e-mail, I have had no response from him. His phone goes to voice message and emails are not answered. What can I do??
Thanks
Wally
I purchased an item (a camera) via the internet from a web store based in Cape Town (http://www.bigboytoys.co.za), the owner of the website is Hennie Pretorius. Payment of R2,905.29 was made via direct transfer of funds. I received acknowledgement of the payment and was advised that the item is on backorder. A few days later I was advised that the item is now in stock. Two months later I have still not received the item and after countless attempts to contact Hennie vie phone or e-mail, I have had no response from him. His phone goes to voice message and emails are not answered. What can I do??
Thanks
Wally
Message from the Lawyer
Posted by Att. Patrick on 24-07-2014 11:26:06
Hi there and thank you for your question,
It's quite obvious that Hennie is avoiding your emails and calls - most probably because he either can't get the stock, or he's stolen your money. Obviously I don't know this for certain, but I'm going on what you've said above.
The problem is that you paid the amount by EFT, and not credit card. This means that you can't just contact your bank and lodge a complaint against the payment - you've actually got to fight him to get your money back.
If you were in Cape Town, I would advise you to visit the Cape Town small claims court and issue a summons against Hennie in his personal capacity for the amount plus interest. But you're not in Cape Town, so it makes things a little harder.
If you don't come to Cape Town on business, the only way for you to issue a summons would be to hire an attorney to represent you in the Magistrates' Court, but that will cost you more than the cost of the camera! So don't go down that route.
You could push your luck and issue the summons yourself out of the Durban (or your closest Small Claims Court) and then have the sheriff of Cape Town serve it on Hennie Pretorius in Table View - but if you ever get to court the Magistrate will throw the claim out because you issued it in the wrong jurisdiction... But it could be enough to scare Hennie Pretorius into refunding your money.
Otherwise, what you could do is to write an honest and truthful article about your experience (something NOT defamatory) and post it on as many South African based IT-type blogs that you can find. That might force Hennie into contacting you!
More info: https://www.facebook.com/SatelliteSolutionsRSA/ & "Visit our website for Promotions on www.mydstv.org or call us on 078 48 77797"
Legally however you should send Hennie a letter (scan & email it) setting out the background, dates, etc ... and advising him that due to his failure to deliver the camera, despite demand, you are cancelling the sale agreement and you are formally demanding the return of your money. If you've previously done this via email, attach copies of the email to your letter. The letter will then be used by you in Court - if you want to go that route.
Basically, you are entitled to cancel the agreement and get your money back. Practically however, you will need to do this yourself as an attorney will charge quite a lot. Practically this is also an issue, since you live near Durban and Hennie is in Cape Town!
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.
It's quite obvious that Hennie is avoiding your emails and calls - most probably because he either can't get the stock, or he's stolen your money. Obviously I don't know this for certain, but I'm going on what you've said above.
The problem is that you paid the amount by EFT, and not credit card. This means that you can't just contact your bank and lodge a complaint against the payment - you've actually got to fight him to get your money back.
If you were in Cape Town, I would advise you to visit the Cape Town small claims court and issue a summons against Hennie in his personal capacity for the amount plus interest. But you're not in Cape Town, so it makes things a little harder.
If you don't come to Cape Town on business, the only way for you to issue a summons would be to hire an attorney to represent you in the Magistrates' Court, but that will cost you more than the cost of the camera! So don't go down that route.
You could push your luck and issue the summons yourself out of the Durban (or your closest Small Claims Court) and then have the sheriff of Cape Town serve it on Hennie Pretorius in Table View - but if you ever get to court the Magistrate will throw the claim out because you issued it in the wrong jurisdiction... But it could be enough to scare Hennie Pretorius into refunding your money.
Otherwise, what you could do is to write an honest and truthful article about your experience (something NOT defamatory) and post it on as many South African based IT-type blogs that you can find. That might force Hennie into contacting you!
More info: https://www.facebook.com/SatelliteSolutionsRSA/ & "Visit our website for Promotions on www.mydstv.org or call us on 078 48 77797"
Legally however you should send Hennie a letter (scan & email it) setting out the background, dates, etc ... and advising him that due to his failure to deliver the camera, despite demand, you are cancelling the sale agreement and you are formally demanding the return of your money. If you've previously done this via email, attach copies of the email to your letter. The letter will then be used by you in Court - if you want to go that route.
Basically, you are entitled to cancel the agreement and get your money back. Practically however, you will need to do this yourself as an attorney will charge quite a lot. Practically this is also an issue, since you live near Durban and Hennie is in Cape Town!
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.
Answer Accepted
This answer was accepted on 24-07-2014 11:50:50
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