Good day,In September 2010, I sold my Business, a small bar/grill. In the month leading up to the handover to the new owner, All creditors were called, and accounts settled. Last week I received an e mail from a metering company claiming that there is an outstanding electricity account, and I am now required to settle within the next 7 days. I responded saying that the final account was paid, at the time of handover. I know I can produce a final payment, but I now live in the Middle east, and not in a position to "rush" home. The Business under new management, failed after 8 months, was reopened, and failed some 4 months after that. I personally feel that they are trying to collect for the failures... But can't really prove that one... What do I do, and how. Thank you.Allan
Good evening and welcome how are you?
Am good thank you
any contract signed when you sold
There was a sale agreement yes.
Ok in my opinion the agreement would make mention of an effective date, this is the date when all profit and loss passed to the new owner so he would be responsible for any use after the effective date
Did he open a new account for electricity?
Amount they claiming?
You online still?
I sold with a month of "handover" which was Sept 2010. the meter was read read from what I can remember the last few days of the month. Payment for the Business was 50% on handover, and the remaining on Transfer of the Liquor Lic. Which took a further 18 months and two subsequent owners. But, my accountant at the time had a 30 day clause put in, so I'd get paid within 30 days after hand over.
I not sure about the opening of an account...
Amount being claimed is R10 000. and change...
The metering company, actually arrived after the handover, to collect the final payment...
This how I know that it was paid..
Ok if he did not open an account you remain ultimately responsible for transactions on your account but you may claim that back from the failed purchaser (if he has anything) I would not just pay and rather wait for summons to see if they are serious if they issue summons and only then i will instruct an attorney to try to make a settlement
So sit back and first wait for summons but break further correspondence
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Anything else or clarity you need?
You are welcome please feel free to ask more questions
When I opened the Bar, a letter was sent from the previous owner and myself to the metering company... The same was done when I left. So I figured thats why they sent representatives to collect the final payment... But a letter was sent stating that the business was sold.. As of.... date..
Ok that changes everything so you did inform them in writing and i think that will win the case for you if there is going to be any
At the moment they are corresponding via e mail... you say break further contact, would a summons, if they go that route, be e mailed...?
yea, they got a letter, as did all suppliers..
Depends on the adress on file when you opened the account
you cant summons via email
Is my Postal address in KZN.
Wont work as well you need to serve it on a physical adress
So break contact they will fail terribly
Ok thank you...
Such a pleasure
What about Credit Unions... Could they or are they allowed to have me Listed..
Possible yes but will only show as a default and not a judgment, but you cant do anything about that
Kindly accept my answer please
I sometimes wish things were only that simple... Being away from home is tough, and receiving threatening e mails is not nice...
Ignore the emails just press junkmail or delte
Ok, well thank you for that, I will sit tight, If I get any further e mails, I save them and ignore...
Yes save them
You might need them but i doubt they wont make further efforts for only 10k
Ok have a nice day
Ok, Thank you again, If I have further questions, am I likely to get to chat with you.. ?
Just ask for me JP SA LEGAL
Enjoy the rugby this weekend, hope its warm and sunny... Thanks for your time...
Just click on accept to close the question yes bokke!!!
Click on accept
General South African Law.
Please click on accept i have not been compensated for my time
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