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I have had a customer who has bilked and am currently trying…

Customer Question
Hi I have had...

Hi I have had a customer who has bilked and am currently trying to open a case of fraud, the police advise me that this is not a criminal offence, please advise

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

South Africa Kwa Zulu natal

Lawyer's Assistant: Has anything been filed or reported?

February

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Trying to open the case

Submitted: 3 months ago.Category: South Africa Law
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Answered in 24 minutes by:
3/5/2018
Lawyer: Christiaan K,
 replied 3 months ago
Christiaan K
Category: South Africa Law
Satisfied Customers: 218
Experience: Attorney & Director at Lombard Kotze Incorporated
Verified

Good day

My name is ***** ***** I will assist you in answering your question today so please feel free to ask as many follow-up questions as you like until you are satisfied that I have answered your question.

Unfortunately they are most likely correct. In order for it to be fraud you will have to be able to show that they always intended not to pay you and that is extremely difficult to do (almost impossible in most cases).

A customer that simply does not pay what it is supposed to pay when it is supposed is a civil matter and you can claim your money back by suing them. If the claim amount is less than R15 000.00 you can sue out of the small claims court without need of an attorney but if it is more than that, you will need an attorney to sue the customer.

I trust that this answered your question.

Please be so kind as to rate my service by clicking on the relevant stars or smiley faces. If you do not rate my service, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively.

Kind regards

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Customer reply replied 3 months ago
What about the term bilking which is the intention to withhold monies ie defraud?
Customer reply replied 3 months ago
I have an acknowledgement of debt signed and sufficient emails where on more than one occassion he promised to settle the outstanding amount
Lawyer: Christiaan K,
 replied 3 months ago

The term does not change the law.

Acknowledgement of debt also does not make it fraud. It remains a civil case.

You must remember that a fraud case with the SAPS will not get you your money back. The only way to get your money back is to sue.

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Customer reply replied 3 months ago
Hi Chris
It is not only my intention to get the money back - yes, that would be great, I have already initiated the legal process with our lawyers and summons is being prepared.However the man is busy going around town and maybe even the province, with the same modus operandi. So far he has bilked at one of the larger hotel chains and then myself as well as a restaurant in town to roughly R150k.
Surely via the definition of bilking, this individual had no intention of making good on the service / supply contract and therefore this should be seen as the intent to defraud.
Please advise
Regards
Chris
Lawyer: Christiaan K,
 replied 3 months ago

Hi Chris

The definition of bilking has got nothing to do with the law. There is no crime in SA called bilking.

The actions of this person will resort under fraud if you want to open a criminal case and as I have stated above, you will have a problem proving intent to defraud. This is why the SAPS commented as they did.

You can try once again to convince them to open a case against this individual, but experience has taught me that it will most likely be a waste of your time.

You can try to escalate it to the fraudulent crimes unit and see if they will bite but my guess is that it will get you nowhere.

Regards

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Lawyer: Christiaan K,
 replied 3 months ago

Hi there,

I have noticed that you have not yet rated my service and consequently Iam not sure if you still need help from me or if you are satisfied.

Please rate my service positively if you are satisfied.

Kind regards

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