How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask WCLawyer Your Own Question

WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15063
Experience:  L.LB (UOVS)
32244620
Type Your South Africa Law Question Here...
WCLawyer is online now
A new question is answered every 9 seconds

I bought chairs from a certain company in August 2013 and they

Resolved Question:

I bought chairs from a certain company in August 2013 and they are not supplying the chairs. Initially they indicated that they are still manufacturing the chairs but kept on postponing the delivery date. I have already paid the full amount. What recourse do I have from the law to force the company to either deliver the chairs or refund me the money.
Submitted: 1 year ago.
Category: South Africa Law
Expert:  WCLawyer replied 1 year ago.
Good day and thank you for your question. My name is XXXXX XXXXX I will try and assist you today.

In order to provide you with the most accurate answer, I may have to ask you a lot of questions. This may seem tedious and irrelevant, but trust me, there is a reason for every question. So please be patient throughout the process and if it takes a little long for me to come back to you, it is probably because I am researching your answer. I hope that is okay.

Was there a specific delivery date agreed to by the supplier?
Customer: replied 1 year ago.

It was three weeks after payment and now its five weeks after payment. Went to his factory and nothing done yet for my chairs.

Expert:  WCLawyer replied 1 year ago.
Have you requested a refund yet? Did he refuse?
Customer: replied 1 year ago.

Not yet asked for a refund but came across other three complainants who said they are also in the same situation and the supplier is claiming that he is facing cash flow problems

Expert:  WCLawyer replied 1 year ago.
What is the amount that you have paid him?
Customer: replied 1 year ago.

R40 000 and its the full amount for 250 chairs

Expert:  WCLawyer replied 1 year ago.
Is this on behalf of a business or for yourself? If the former, does this business have a combined turnover and/or asset value of over R 2 million?
Customer: replied 1 year ago.

Its for a church and its value of assets are less than R2 million. The church is based in Zimbabwe but was buying the chairs on their behalf since I am a member of the church and reside here

Expert:  WCLawyer replied 1 year ago.
When you accepted the quotes and dealt with the supplier, did you indicate to him that you are buying in a representative capacity? Who paid for the chairs? You, with a view of collecting it from the church later on, or did the church pay.

Sorry for the questions, but I am trying to establish whether we can use the Consumer Protection Act.
Customer: replied 1 year ago.

I looked for the supplier and was discussing the quotation with him. Payment came directly from the church' bank account in Zimbabwe into the seller's bank account here in South Africa. The seller knew that I am representing the church

Expert:  WCLawyer replied 1 year ago.
I cannot find anything in the Consumer Protection Act that excludes consumers from abroad from the operation of the Act. It seems that, as long as the transaction occurred within the boundaries of the RSA and other exclusions does not apply, then the CPA is applicable. From the information that you have provided, it seems that no other exclusions apply either.

The CPA says the following in section 19(6):

(6) If the supplier tenders the delivery of goods or the performance of any services at a location, on a date or at a time other than as agreed with the consumer, the consumer may either—
(a)accept the delivery or performance at that location, date and time;
(b)require the delivery or performance at the agreed location, date and time, if that date and time have not yet passed; or
(c)cancel the agreement without penalty, treating any delivered goods or performed services as unsolicited goods or services in accordance with section 21.

So, you would be within your rights to cancel the agreement and require a full refund.

There are two institutions that you can approach with a view to obtaining an order that you can use to enforce the refund if he does not want to do so voluntarily.

The first is the National Consumer Commission. They are, however, pretty slow, but would not cost you anything in the line of legal fees.

The second is the Magistrates Court. If you can somehow get him to acknowledge that he owes you (or the church) the refund and agree a time within which to pay it, then it should not take a long time, nor cost a lot of money to get judgment against him in a court.

Unfortunately, for the second option, an attorney is advisable. A directory of attorneys exist at www.attorneys.co.za where you can look for a litigation/collections attorney.

I hope I have answered all of your questions and addressed all your concerns, but if you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively.
Customer: replied 1 year ago.

1) How much do the attorneys costs on average per hour


2) Do I need to report to a police station first before approaching the attorneys


3) Can I go to the court and sue with costs

Expert:  WCLawyer replied 1 year ago.
1. It is not possible for me to say that. I simply do not possess the data.

2. The SAPD is only going to tell you that it is not a criminal matter and refer you to an attorney.

3. Yes. Normally, a portion of the costs of the winning party is paid by the losing party. But before you go to court or find an attorney, write him a letter wherein you state that it is now so many days since the agreed delivery date and that you wish to cancel your order in terms of section 19 of the Consumer Protection Act.

Tell him that you request a refund within 14 days and if that does not happen, that you will find an attorney to instigate legal action against him and claim your legal costs from him.

See what happens first. It may very well be that there would be no need to proceed to civil court. He may very well decide to pay.
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15063
Experience: L.LB (UOVS)
WCLawyer and other South Africa Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • PHINEAS MOTAUNG

    Attorney

    Satisfied Customers:

    113
    BACHELOR OF LAWS
< Last | Next >
  • http://ww2.justanswer.com/uploads/tumi65/2009-12-28_9197_BABA_I_FRIENDS_013.jpg PHINEAS MOTAUNG's Avatar

    PHINEAS MOTAUNG

    Attorney

    Satisfied Customers:

    113
    BACHELOR OF LAWS
  • http://ww2.justanswer.com/uploads/emil102/2010-05-04_160842_IMG000806.jpg Emil's Avatar

    Emil

    Attorney

    Satisfied Customers:

    33
    BCom Law LLB, 3 years post article experience as attorney
  • http://ww2.justanswer.com/uploads/Lurine/2010-10-04_101308_LCP.jpg LCP's Avatar

    LCP

    Attorney

    Satisfied Customers:

    21
    BCom (Stell) LLB LLM
  • http://ww2.justanswer.com/uploads/KimGAtt/2009-11-04_164526_Profile.JPG K. Groenewald's Avatar

    K. Groenewald

    Attorney

    Satisfied Customers:

    19
    LLB (Pret). Extensive litigation experience in general civil & family law matters. Debt Counsellor.
  • http://ww2.justanswer.com/uploads/SA/SATOPLAW/2013-9-13_13566_IMG20130304WA000.64x64.jpg Shaie Zindel's Avatar

    Shaie Zindel

    Attorney

    Satisfied Customers:

    1052
    All areas of commercial and contract Law - specialist in property advice.
  • http://ww2.justanswer.com/uploads/IN/inciteadvisor/2013-9-5_193316_incitead.64x64.jpg inciteadvisor's Avatar

    inciteadvisor

    Commercial Lawyer

    Satisfied Customers:

    814
    B.Com LLB Registered Corporate lawywer
  • http://ww2.justanswer.com/uploads/AN/AntonSmith13/2013-2-21_17147_Snapshot.64x64.png AntonSmith13's Avatar

    AntonSmith13

    Attorney

    Satisfied Customers:

    45
    LLB, LLM, Cert. International Law Attorney with 12 years experience
 
 
 
Chat Now With A Lawyer
WCLawyer
WCLawyer
Attorney
8369 Satisfied Customers
L.LB (UOVS)