Results 1 to 5 of 5

Thread: Summons received even though paying monthly agreed amount

  1. #1
    New Member Jaxb's Avatar
    Join Date
    Feb 2014
    Location
    Johannesburg
    Posts
    4
    Thanks
    1
    Thanked 0 Times in 0 Posts

    Summons received even though paying monthly agreed amount

    Hi guys,

    I've been searching everywhere for a similar post, but couldn't really find an answer / similar question.

    My son (19) worked for a family owned business. The owner is 90+ years old. The boss gave him a loan to buy a cheap car, as his boss insisted it's dangerous on a bike. My son made an agreement with Boss-man to pay x amount per month, which he did. Then mid last year, Boss-man told my son he should go do a course which the company would pay for, but he needs to pay it back. The arrangement they had was that once he gets his certificate, his salary would increase, thus making it easier for him to pay the loan plus study money back. The increased salary would be double.
    Then son got 'transferred' to their Germiston branch, which is 40+km further than where he worked. Now, it's only me & him, so suddenly I had to help him with petrol money, as his salary didn't cover both the loan re-payments as well as fuel. In the meantime, the Boss-man would freak out (kinda makes me think about Lucy/Penny), but I didn't realize how bad (just thought son was just upset about being transferred).

    Then my son got injured, and landed in hospital (jup, state hospital, cause no medical aid). I thought that I would be decent and let the company know that he was admitted. The reply I got was, "sorry I don't believe you". So I thought ok (odd), I will phone. After I introduced myself, he started screaming about suing us etc. I thought he was screaming at someone else... So when the phone went dead, I phoned again, no answer. So the following day I received a call from Boss-man's wife, apologizing, saying Boss-man is old and senile, and she really likes my son...

    Son never received the money for the day he spent in hospital... But he got a job offer, and resigned immediately, without given notice (I know this is wrong). So at the end of January, I gave him the money to pay the loan, even though he left and didn't get paid, he still did the EFT to them. Boss-man's wife confirmed that he still owed R7k.

    Then yesterday he received the Summons for R15k, I did do the intend to defend (as per one of your posts - thank you). But, my question now is, How can they just issue summons if he is paying the amount they VERBALLY agreed on, there was no contract ever?

    I am so mad at this Boss-man, that I would probably think of running him over if I would see him in the road..

  2. #2
    Platinum Member sterne.law@gmail.com's Avatar
    Join Date
    Oct 2009
    Location
    Durban
    Posts
    1,328
    Thanks
    38
    Thanked 561 Times in 410 Posts
    Blog Entries
    7
    If there is no contract then a person owes money and the lender can reclaim Albany time.
    More importantly does your son actually owe any money, from your post apparently not.
    Is the summons for the car loan, study loan?
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

  3. Thanks given for this post:

    Jaxb (14-Feb-14)

  4. #3
    New Member Jaxb's Avatar
    Join Date
    Feb 2014
    Location
    Johannesburg
    Posts
    4
    Thanks
    1
    Thanked 0 Times in 0 Posts
    Yes, he does owe the money. Sorry, I posted when I was really upset... everything I wrote doesn't even makes sense and I look like an idiot...

    There was a written agreement, which I didn't know about, for both the "study loan" and the personal loan.

    I made an appointment with a lawyer to get it sorted.

  5. #4
    Platinum Member sterne.law@gmail.com's Avatar
    Join Date
    Oct 2009
    Location
    Durban
    Posts
    1,328
    Thanks
    38
    Thanked 561 Times in 410 Posts
    Blog Entries
    7
    Ordinarily a loan contract with employees will have a clause that on termination the entire amount becomes due.
    However, straight to summons was somewhat hasty, a point to remember if there are any costs issues.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

  6. #5
    New Member Jaxb's Avatar
    Join Date
    Feb 2014
    Location
    Johannesburg
    Posts
    4
    Thanks
    1
    Thanked 0 Times in 0 Posts
    Thank you!

    His wife phoned me again and apologized again...

Similar Threads

  1. [Question] Input tax amount on report
    By Kathy1 in forum Accounting Forum
    Replies: 6
    Last Post: 26-Jun-13, 11:41 AM
  2. [Question] How do I reduce the amount of tax?
    By eldonp in forum Tax Forum
    Replies: 3
    Last Post: 21-May-12, 10:10 PM
  3. [Question] How can I get an estate agent to pay me my rental amount?
    By madonsdu in forum General Business Forum
    Replies: 9
    Last Post: 27-Mar-11, 06:18 PM
  4. [Article] Agreed pregnancy dismissals frowned on by the law
    By BBBEE_CompSpec in forum Labour Relations and Legislation Forum
    Replies: 0
    Last Post: 30-Oct-09, 07:58 PM
  5. [Question] What is a fair amount to pay for an accountant?
    By kernel32 in forum General Business Forum
    Replies: 10
    Last Post: 02-Jul-08, 04:15 PM

Did you like this article? Share it with your favourite social network.

Did you like this article? Share it with your favourite social network.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •