Question posted in the General Law category relating to Western Cape
I have enlisted the services of Dean du tiot of emco projects to remodel my kitchen. I've paid the R25000 deposit, he has sent put carpenters to take measurements. Both these actions took place weeks ago almost 2 months now. Because of failure to start, I've decided to find another contractor to do my kitchen. I have requested him to return my deposit, I emailed him, whatsapp him, tries calling. He has replied.
What legal steps can I take to recover my deposit.
After the past few weeks he and I have been back and forth about starting withy kitchen, he current excuse has been that the builders are busy on another and when they finish up there they will start with my kitchen. That howervw6has been many weeks now and still ko start
Answer to the Question
I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.
You need to cancel the agreement with him in writing, and then demand the return of your deposit. If (when) he doesn't pay, you need to issue a summons out of the small claims court.
You take the matter to the Small Claims Court and issue summons from there. You need to do this without an attorney that will save you time and money. You can read up here www.justice.gov.za/scc/scc.htm to find out more information from the Department of Justice's website.
You can see www.smallclaimssa.co.za for details on where to find a court near you and you can then institute the action.
The good part is that it is a quick, cheap and simple procedure.
The other good part is that attorneys are not allowed there.
Essentially the company will need to send a director / manager to defend the claim! Much easier for you.
Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.