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WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15601
Experience:  L.LB (UOVS)
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Does this sound correct? I am very perplexed on how I was listed on ITC by you / you

Customer Question

Hi - does this sound correct?
I am very perplexed on how I was listed on ITC by you / your client as no correspondence was communicated to me regarding this matter although you had all my contact details. My legal advisor informed me that due diligence was not followed upon listing me and thus your / your clients act was illegal and I can institute legal proceedings stating Crimen injuria and claiming restitution and / or compensation if I wish to do so. Although this is not the way I would like to settle this matter, the fact stands that my livelihood and good name was hampered due to the actions of you / your client. As said, I wish not to settle this matter this way, but if a speedily solution is not reached between me, you and / or your client my options will be limited to the latter.
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 ***** ***** 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.
Is this a letter you drafted and intend to send, or is it a letter that was sent to you?
Customer: replied 1 year ago.
Hi Johan - Jaco here.I drafted the letter
Expert:  WCLawyer replied 1 year ago.
Are you asking me whether the contents of the letter is fine?
Customer: replied 1 year ago.
I want to send it to the company that listed me on ITC - is the legal jargon correct and do I in fact have a foot to stand on?
Customer: replied 1 year ago.
they listed me on ITC butt I received no registered mail or any correspondence regarding this - I wanted to buy two new vehicles for my company but cant because of this.
Customer: replied 1 year ago.
I want to know if I can send this letter to them and that I drafted the letter correctly
Expert:  WCLawyer replied 1 year ago.
It seems fine. All that I would add is that all the processes as required by the National Credit Act has not been followed and as a result the listing is irregular.
I would also add a demand that they remove the listing from ITC within 14 days, failing which you will continue with the action you stated.
I would also remove 'crimen iniuria' and replace it with 'defamation of character'.
You would also not claim restitution, you would claim damages.
I hope this helps you a little bit, 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.
I have done a bit of research - does defamation of character still hold / exist in SA law?Does this sound correct then:I am very perplexed on how I was listed on ITC by you / your client as no correspondence was communicated to me regarding this matter although you had all my contact details. My legal adviser informed me that all the processes as required by the National Credit Act has not been followed and as a result the listing is irregular and thus your / your clients act was illegal and I can institute legal proceedings stating????? defamation of character and claiming damages if I wish to do so. Although this is not the way I would like to settle this matter, the fact stands that my livelihood and good name was hampered due to the actions of you / your client. As said, I wish not to settle this matter this way, but if a speedily solution is not reached between me, you and / or your client my options will be limited to the latter.
Expert:  WCLawyer replied 1 year ago.
Is the listing against you in your private capacity?
Customer: replied 1 year ago.
the listing was made against me and my company as a defendant
Customer: replied 1 year ago.
I am very perplexed on how I was listed on ITC by you / your client as no correspondence was communicated to me regarding this matter although you had all my contact details. My legal adviser informed me that all the processes as required by the National Credit Act has not been followed and as a result the listing is irregular and thus your / your clients act was illegal and I can institute legal proceedings stating????? defamation of character and claiming damages if I wish to do so. Although this is not the way I would like to settle this matter, the fact stands that my livelihood and good name was hampered due to the actions of you / your client. As said, I wish not to settle this matter this way, but if a speedily solution is not reached between me, you and / or your client and the listing is not removed from ITC within 14 days, my options will be limited to the latter.
Customer: replied 1 year ago.
Is stating the correct word in that paragraph?
Expert:  WCLawyer replied 1 year ago.
Insofar as the listing against you personally is concerned, defamation of character would be applicable. You cannot, however, defame a company in the sense of the legal concept. Our courts have nonetheless found that a claim for real damages (such as loss of income) lies against someone who did something that they should have not done or said something that they should not have said that resulted in the reputation of the juristic person being diminished.
So, with defamation, one of the types of damage that you can claim for is for a non-patrimonial loss (the amount of money it will take to make you feel better, in layman's terms), the only type of damage you can claim for as a juristic person would be for patrimonial losses (a real economic loss)
I would suggest the following:
I, as well as my company, was listed on ITC by you or your client. I am advised by my legal adviser that the listing is irregular in that the processes as laid down by the National Credit Act was not followed. In particular, I was not notified of the impending listing despite the fact that my contact details is known to both you and your client.
As a result of the irregular listing, I was unable to obtain finance for certain vehicles that was necessary for my business. That resulted in a potential loss of income. The irregular listing is also a defamation of my character.
It is my intention to settle this matter amicably, but reserve my right to take action against your client as mentioned above.
As a result of the above, I demand that your client remove the listing within 14 days, failing which I would have to take legal action in order to remove the listing and will I hold your client liable for such costs. I would also then have no other option than to claim the damages from you as stated above.