Question posted in the Consumer Protection Law category relating to Gauteng
I had a store account at Builder's Market in 2005 - 2008. The account had a limit of R30 000. Fraud was committed on the account whereby someone used account to buy material to the value of R130 000. Builder's Market insisted that I settle the account, which I did, but them took them to court on the issue of the fraud. I won the court case but when I wanted to sue the store for the payment i had made of R130 000 i was informed by my lawyer that the store was being sold to Steinhoff due to the company having run out of money and that we wait for the process to unfold and then sue the directors of Builder's Market in their personal capacity. My case was then referred to another lawyer who has done nothing about my case since. I wish to pursue this matter but i do not know whether to pursue the old directors of Builder's Market or the new owners of the business. The business has also changed names and is now called Buco, after the sale.
Message from the Lawyer
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.
I don't think that you would be able to sue the directors. I think that you would need to sue the store, or the company who owns the store. Also, I don't think that you should have waited for it to be sold to Steinhoff. I think that you should have instituted proceedings immediately. I think that you should sue the company as it stands today. But, you would need to look at whether the company was purchased or the business of the company was purchased, because that could impact on who you would sue.
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