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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 899
Experience:  BCom (UCT) LLB (UCT)
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Good Evening 4 years ago I took out Retrenchment coverage

Resolved Question:

Good Evening

4 years ago I took out Retrenchment coverage on my ABSA credit card 3 years ago I was retrenched and they paid out one lump sum into my credit card. I managed to settle the card and was still unemployed and for some crazy reason started spending on it while still unemployed taking the card to R17 000 again. Each month they were still billing me for the retrenchment coverage but refused to activate the policy again. I was handed over and was harassed verbally and via sms on a daily basis/ I managed to find a contract position for 6 months and agreed to pay R500-00 per month for the duration of my contract then to relook at what I could afford. After negotiating this the lawyers sent me an email saying that my ABSA credit card was R7000 and if I could settle within the next 2 months they would reduce it to R5000-00 I accepted their offer via return mail to pay it off over 3 months R2000 for two months and then R1000

I heard nothing back from them via e mail A few days later I got a letter in the post confirming my original agreement. I then emailed them telling them of the later agreement. I heard nothing back. At the end of June after I had made the agreed payment of R2000-00 into their banking account they came back and said the lady that made the offer of R5000 had made a mistake and they amount is actually R17 000-00

Am I correct in saying that they accepted my offer of settlement of R5000 and it is binding on them.

Thanks
Diana
Submitted: 1 year ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 year ago.
Hi there and thank you for your question,

After negotiating this the lawyers sent me an email saying that my ABSA credit card was R7000 and if I could settle within the next 2 months they would reduce it to R5000-00

This was their offer. It appears that you never accepted their offer, but rather you made a couter offer.

"I accepted their offer via return mail to pay it off over 3 months R2000 for two months and then R1000"

If you never heard anything back from them, then your counter offer was never accepted.

It then appears that you received a letter in the post, which was probably a copy of the email - although you received it later because it took a few days to get to you.

You then reminded them of your counter offer - and you were ignored.

Legally, there is no agreement in place then. You never accepted their offer, and they never accepted your counter offer.

Then, you say that they made a mistake! R17,000 and not R7,000.

My advice is that you ask them for a reconcilation of all of the amounts that you've paid, and where the money has gone. i.e. to paying off interest, costs or capital?! You are legally entitled to a reconcilation!

Am I correct in saying that they accepted my offer of settlement of R5000 and it is binding on them.

Unfortunately not. Sorry.



If there is something more specific that you need clarity on, please continue in this same thread. Let me know if you need more advice!

I hope you found my answer helpful. If you did, PLEASE rate my answer & please leave me positive feedback!

Good luck and best regards,


CaseLaw

Please note: This answer does not create an attorney-client relationship. Please consult a local attorney in person for legal advice. This information is being provided so you can better discuss legal matters with your attorney.
Customer: replied 1 year ago.


Morning


 


The second offer was not a counter offer. They sent me an email from the attorneys saying that my ABSA credit card was R7000-00 and if I paid it in 2 instalments it would be R5000-00 I said I would accept but could I pay in 3 months. They now come back and say they made a mistake and lost a 1 in the numbers.


 


The offer came from them which I accepted


 


Please advise


 


Thanks


Diana


 


 

Expert:  CaseLaw replied 1 year ago.
Hi Diana,

Unfortunately you are not understanding the situation of offer and acceptance.

If they make you an offer, and then you "accept" their offer but change the terms of the offer (i.e. you can pay over 3 months instead of 2 months), LEGALLY and TECHNICALLY you are NOT accepting their offer, but rather making them a COUNTER OFFER.

That's just how the law works. You can't argue around it.

Also, if they made a bona fide mistake in their initial offer (i.e. they forgot a digit R7,000 instead of R17,000) then they are entitled to withdraw their offer without prejudice.

I hear what you are saying, but unfortunately your arguments are NOT good legal arguments. They won't get you anywhere.

If there is something more specific that you need clarity on, please continue in this same thread. Let me know if you need more advice!

I hope you found my answer helpful. If you did, PLEASE rate my answer & please leave me positive feedback!

Good luck and best regards,


CaseLaw

Please note: This answer does not create an attorney-client relationship. Please consult a local attorney in person for legal advice. This information is being provided so you can better discuss legal matters with your attorney.
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 899
Experience: BCom (UCT) LLB (UCT)
CaseLaw and other South Africa Law Specialists are ready to help you

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