I had a store account at Builder's Marke...

Asked by Simphiwe on 04-11-2021 14:00:58
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

Posted by Att. Patrick on 05-11-2021 12:03:16

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.

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.

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!

If you would like to view the entire answer, you will need to either login or register a FREE account.


DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.