Question posted in the General Law category relating to Western Cape
Hi, I had a personal trainer at Virgin Active, who I had lent my father's wheelchair too, out of pity and made it clear that he had to return it when he had recovered from his op. At no point did I swap training sessions or discounts for the use of the wheelchair. Every session I attended, I had paid for at the rate we agreed on when I started training with him. Last week, I ask him to return the wheelchair as my father was not well and had fallen thrice and this trainer tells me that he has broken a wheel of the wheelchair. Understandably angry, I call him a 'crook' when he refuses to take my calls. He sends me pictures of R2000 wheel chairs when I know my father's one went for around R4000. He tells me the wheelchair I gave him was old, when I actually have pictures of it with its tag still on and with plastic covers on its wheels. So I get very angry, because I trusted this person and he didn't respect my property. I know he has been on sick leave for a while so I tell him that I am guessing that he sold the wheelchair to ease his cash flow. He can't provide me with time stamped pictures of the wheelchair now - hence this deduction. I also tell him I will let Virgin Active know the type of person that he is. I qualify all this by repeatedly saying, I will only deal with him legally and not resort to using hoodlums (I.e. illegal means to get my wheelchair or compensation for it back from him). I even took out an affidavit on the same day stating that I will never, even do anything illegal in relation to this issue I have with him. I recorded a call during which he says he will deal with me and he knows how to fix people like me up. He tells me I'm racist - when I'm non-white myself and am the furthest thing from that. And he says I have violated his rights and affected his mental well-being. I only called him a crook and because I needed the wheelchair urgently, was messaging him a lot to get more information from him or some guarantee that he will replace the wheelchair as I had given it to him, with expected wear and tear or give me the rand equivalent of it. All messages were private on a WhatsApp chat with him. I never discussed him with anyone publicly. I only told my family of this, did the affadavit at the SAPS and contacted Virgin Active because I can't use the club anymore as he threatened my safety. I want to please know if he has a case against me and how I can get him to return the wheelchair fixed or it's cash equivalent as well as take out a interdict or protection order etc. Please assist, thank you.