A family members tuna vessel sank at wat...

Asked by NicoleD on 24-10-2021 12:10:30
Question posted in the Criminal Law category relating to Western Cape

A family members tuna vessel sank at waterfront 3 years ago. My aunt at the time was in such severe distress that she couldn't deal with anything and I liased with the brokers of the company. The brokers and the assessor gave us the go ahead to uplift the vessel. I have everything in writing. The salvors went ahead and uplifted the vessel. Thereafter the insurance refused to pay for the salvage. During all of this the company that my aunts company offloaded fish too had a clause in the contract that the insurance policy is ceded to them if any money is owed. They owed a significant amount. They proceeded with legal action against old mutual and arrived at a settlement which did not include the money for the salvage. I informed them to not settle as it was excluded from the settlement and they proceeded anyway. ( I am also not part of the company so my say has no weight) The salvage has now opened up a fraud case and stated that myself, my brother and my uncle misrepresented that the insurance said they would pay. Myself and brother are not part of the company. I relayed what the brokers and the assessor told me. If anyone made any misrepresentations it was them. I tried numerous times to contact old mutual attorney to explain what had happened and they refused to speak to me. I got nowhere with the brokers and I continously tried everything I could for them to get paid but my hands were tied. I never received any money and never made any misrepresentations. I'm not sure what to do.

Message from the Lawyer

Posted by Att. Patrick on 30-10-2021 14:23:35

Hi there,

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, even if it is R150 or R200.

So, is the SAPS investigating the claim of fraud against you now? Have you made a statement to SAPS? Have you given SAPS the documentary proof that you mentioned?

Att. Patrick 

Please remember this is a dialog if you have follow-up questions please make the required deposit, 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 deposits for their questions - they get serviced first!

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