a Person was selling a number of items o...

Asked by Lammie Oosthuizen on 03-12-2014 10:51:01
Question posted in the General Law category relating to Mpumalanga
Question value: R 200.00

a Person was selling a number of items on my behalf and the agreement was that the items was to be be paid for before leaving his premises and that I will be paid then.

The items is not at his premises any more and he claims that he was not paid and therefore cannot pay me

I have send a letter to demanding either the return of the items or to be paid, but he does not respond

I want to send a formal letter of demand but am not sure of the content

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Answer to the Question

Posted by Att. Patrick on 03-12-2014 12:12:50
Hi there and thank you for your question,

It sounds as if you are going about it 100% correctly.

In your formal letter of demand, you should record the following:

1. The details of the agreement. i.e. what were the specific terms of the agreement.
2. The details of the items that you gave him to sell on consignment, including the cost. i.e. a list of everything.
3. The fact that the goods have since been sold by him. How did you find out that the goods are sold.
4. The fact that you have not received payment
5. The amount of payment that you allege that he owes you
6. A statement calling for him to make payment of that amount to you within a certain timeframe.

If he does not reply or make payment within that timeframe, then you should issue a summons against him for payment of that amount.

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.

That would be the best way to take this forwards.

If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.

Att. Patrick

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