South Africa Law

Get Your South African Law Questions Answered by Experts

Ask a Lawyer,
Get an Answer ASAP!

South Africa Law

Does this sound correct? I am very perplexed on how I was listed on ITC by you / you

Customer Question
Hi - does this sound...
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: 2 years ago.Category: South Africa Law
Show More
Show Less
Ask Your Own South Africa Law Question
Answered in 6 minutes by:
5/20/2015
Lawyer: WCLawyer, Attorney replied 2 years ago
WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15,603
Experience: L.LB (UOVS)
Verified
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?
Ask Your Own South Africa Law Question
Customer reply replied 2 years ago
Hi Johan - Jaco here.I drafted the letter
Lawyer: WCLawyer, Attorney replied 2 years ago
Are you asking me whether the contents of the letter is fine?
Ask Your Own South Africa Law Question
Customer reply replied 2 years 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 reply replied 2 years 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 reply replied 2 years ago
I want to know if I can send this letter to them and that I drafted the letter correctly
Lawyer: WCLawyer, Attorney replied 2 years 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.
Ask Your Own South Africa Law Question
Customer reply replied 2 years 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.
Lawyer: WCLawyer, Attorney replied 2 years ago
Is the listing against you in your private capacity?
Ask Your Own South Africa Law Question
Customer reply replied 2 years ago
the listing was made against me and my company as a defendant
Customer reply replied 2 years 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 reply replied 2 years ago
Is stating the correct word in that paragraph?
Lawyer: WCLawyer, Attorney replied 2 years 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.
Ask Your Own South Africa Law Question
Ask WCLawyer Your Own Question
WCLawyer
WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15,603
15,603 Satisfied Customers
Experience: L.LB (UOVS)

WCLawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, 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

< Previous | Next >

Meet the Experts:

PHINEAS MOTAUNG

PHINEAS MOTAUNG

Attorney

113 satisfied customers

BACHELOR OF LAWS

Emil

Emil

Attorney

33 satisfied customers

BCom Law LLB, 3 years post article experience as attorney

LCP

LCP

Attorney

21 satisfied customers

BCom (Stell) LLB LLM

Freddie Lombard

Freddie Lombard

Attorney

2,686 satisfied customers

Practicing attorney and conveyancer with 16 years post article experience.

Shaie Zindel

Shaie Zindel

Attorney

1,248 satisfied customers

All areas of commercial and contract Law - specialist in property advice.

inciteadvisor

inciteadvisor

Commercial Lawyer

814 satisfied customers

B.Com LLB Registered Corporate lawywer

Christiaan K

Christiaan K

137 satisfied customers

Attorney & Director at Lombard Kotze Incorporated

< Previous | Next >

Related South Africa Law Questions
I have a big problem, and am unable to resolve the matter I
Good morning, I have a big problem, and am unable to resolve the matter I have made a payment to Dions Wired, via Internet, on 20 October 2017 … read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,686 satisfied customers
Mr Price mobile has offered me a SIM card a couple of months
Hi there. Mr Price mobile has offered me a SIM card a couple of months ago. The lady told me all the advantages, which i then declined because i told her i am not employed. She then continued trying t… read more
Christiaan K
Christiaan K
LLB
137 satisfied customers
It's gavin here again, regarding the emotional blackmail and
It's gavin here again, regarding the emotional blackmail and extortion. I had to transfer money to various different accounts! And I have all those account details. I have only been communicating with… read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,686 satisfied customers
I have a quick question. I bought property (vacant stand) on
I have a quick question. I bought property (vacant stand) on line and the ad and boards stated that the property is a security complex. I specifically bought the property for that purpose. I then discovered that it is not the case. It is 13 properties that has wire fence the hight of your middle with big trees, a gate that does not close. further the "estate agent" told me to pay a levy every month of R220 which I did and then I discovered that there was never a home owners assocciation registered at all and the guy is putting the money in his pocket … read more
Christiaan K
Christiaan K
LLB
137 satisfied customers
My husband deserted me then filed for a divorce.He gave the
My husband deserted me then filed for a divorce.He gave the sheriff a wrong address and he my husband has sent me an sms to collect documents from the sheriff's offices. What does the law say in colle… read more
Christiaan K
Christiaan K
LLB
137 satisfied customers
I was wondering if there is the possibility to make a power
Thank you, ***** ***** wondering if there is the possibility to make a power of attorney to represent me in the police station to sign for the child minor to leave the country with his mother. I am th… read more
Christiaan K
Christiaan K
LLB
137 satisfied customers
My Fiance and I have just parted company, issue is she owes
Hi, My Fiance and I have just parted company, issue is she owes me a substantial amount of money… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
My father left a will which was signed by himself and two
my father left a will which was signed by himself and two witnesses. my brothers now allege it is a fraud … read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
I have a joint bond with my ex boyfriend. The house is
I have a joint bond with my ex boyfriend. The house is registered in both our names and so is the bond.Area: Johannesburg South Africa.4 months ago, my boyfriend of 14 years suddenly left me. He has b… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
I sold my house and the transfer of ownership has been done.
Good evening, I sold my house and the transfer of ownership has been done. The new owners are complaining about the damp in some walls in the house and the want the me (the seller) to repair them. The… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
I have a question on voice recording in South africa.
Hi. I have a question on voice recording in South africa. … read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
We a closing down and have advised the staff accordingly
Hi, we a closing down and have advised the staff accordingly that the company will be closing - are you required to pay a "retrenchment" package … read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
Goeie dag. Indien ek 'n afskrif van 'n koerantberig op
Goeie dag. Indien ek 'n afskrif van 'n koerantberig op Facebook deel, sou dit neerkom op die verspreiding van roofkopië, of kan ek dit deel?… read more
Christiaan K
Christiaan K
LLB
137 satisfied customers
What happens when an attorney is struck off the roll. It's
Hi there. What happens when an attorney is struck off the roll. It's my uncle's estate. I'm not the Executor. I have advised the Executor to lodge formal complaint. Problem is that the attorney does n… read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,686 satisfied customers
My husband sadly passed away in August. We had a two year
My husband sadly passed away in August. We had a two year old daughter and he has two adult sons from a previous mariage. He left his entire estate to me which consists if our home and a claim against… read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,686 satisfied customers
Under The South African Companies Act can a director operate
Under The South African Companies Act can a director operate a business in opposition to the company they are a director of ?… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
It is Christel here Thanks for helping. We r a business that
Good day . It is Christel here Thanks for helping . We r a business that is part of a national Franchise. We started our own Facebook page in the town that we r staying in. Managing it uploading adds.… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
I have just registered for VAT; however, I have an existing
I have just registered for VAT; however, I have an existing 5 year contract with a customer. Can I suddenly start charging the customer VAT because I have now registered for VAT ?… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x