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I have terminated the services of service and all of a

sudden he says I owe...
I have terminated the services of service and all of a sudden he says I owe his company R170000. The amount agreed on for his services when I signed up his services was paid in full on sign up in February 2017. The services for which they were signed up for not delivered until now in September even after numerous emails from myself to them demanding service. He claims that he had told me during one of our meetings that the reason he had charged what I paid initially was that we had agreed that I will pay up monthly over a period of 3 years. And this of course I was hearing for the first time when I told them I don't want to work anymore and they should release the work done as it belongs to me.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: it's not employment, they were rendering a service. It's in South Africa
JA: Has anything been filed or reported?
Customer: No, nothing.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am planning on meeting with them on Tuesday to discuss the invoice they had sent me.
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Customer reply replied 4 months ago
There's no paper work indicating that such a conversation ever took place. And they've never sent me month invoices requesting payment. So I'm hearing about this agreement now when I end things because of non-delivery.
Answered in 18 hours by:
9/17/2017
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,653
Experience: BCom; LLB; Masters in Law
Verified

Hi there and thank you for your question,

I will try to assist you with your legal question but please feel free to ask as many follow up questions in order to clarify your initial question. If you have a new question, you must please open a new thread.

An oral contract can only come into being if both parties are on the same page as to the terms of the contract. e.g. if you understood the contract to be a "pay in full on day 1" and he understands the contract to be a "monthly contract" then he won't be able to prove what the contract is in court.

Also, if there has not been any delivery of services then he can't claim payment.

So, my advice is NOT to meet him but to write a letter to him stating the following (adding in whatever details you can):

1. We discussed the contract in Feb 2017 and the agreement was that I pay you R_____ in Feb 2017 in full.

2. You have not delivered. I've sent you numerous emails asking for delivery, but you have never delivered.

3. I wrote to you on _____ to terminate the contract due to your breach.

4. I want my money back.

5. I am not going to be paying you anything else because I don't owe you anything else, and we never agreed that I would pay you anything else.

6. You have never given me any monthly invoices or anything to suggest that you are correct in your understanding of the terms of the contract.

7. Any summons which you institute against me will be defended. Please ensure that you serve the summons on me (or my company) at the following address: _____

Yours sincerely,

It seems to me that this guy is taking a massive chance and will no doubt try to push you around and threaten you into making further payments. You've got to be aware that if you make further payments there could be an argument that you are doing so because he is correct in his interpretation of the contract! So think before you pay.
If my answer hasn't provided you with enough clarity regarding your initial question, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw

CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,653
Experience: BCom; LLB; Masters in Law
Verified
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CaseLaw
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Category: South Africa Law
Satisfied Customers: 1,653
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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).

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