[Question] taking legal action against a supplier

[SilverNodashi]

Hi all,

I want to find out, what are the procedures to take legal action against a supplier - whom we have paid on the 28th November, and no services were delivered on the 1st December.

To make it a bit more clear, it's an ADSL provider and all our client's ADSL accounts are off because they didn't see our payment, nor do they bother to look at the proof of payment which was now sent to them 5 times since it was paid.

The money is earning interest in their account and our clients are loosing business. So I want to take legal action against them for loss of business as well as unlawful business conduct.

Does anyone know what todo in this case?

[BusFact]

You're talking lawyer territory here. They will most likely issue an immediate demand for the services to be restored and then in a separate action start a damages claim.

This I believe is a bit of a mine field. Can you put a value on the amount of loss and justify this in a court? You may also have to argue around some lines they probably have in their contract, protecting themselves from down time. Also you may well have to find another supplier as you could experience supply "problems" from a supplier who is being sued by their customer (you).

Unfortunately I think you have a messy, expensive and time consuming road ahead of you. Perhaps though a good lawyer will put a more positive spin on it.

[SilverNodashi]

mmmm, ok. Doesn't the CPA or NCA have some form of protection for this kind of problem?

[daveob]

I assume that you've insisted on talking to the chairman of the board, or at the very least the CEO. Don't take "he's in a meeting" for an excuse. Tell the switchboard that you'll gladly hold while they pull him out the meeting. If he's not there, insist on his cell number.

Remember, sh1t rolls better downhill.

General rule of thumb : if the first 2 calls to the bottom of the food-chain have not provided satisfactory results, go immediately to the top of the food-chain.

[Just Gone]

yep and if he still doesnt come out of the meeting ............. go to him !!

[Dave A]

Doesn't the CPA or NCA have some form of protection for this kind of problem?

When it comes to the CPA, your turnover .and. asset value needs to be under R2 million.

[SilverNodashi]

I assume that you've insisted on talking to the chairman of the board, or at the very least the CEO. Don't take "he's in a meeting" for an excuse. Tell the switchboard that you'll gladly hold while they pull him out the meeting. If he's not there, insist on his cell number.

That's the problem, I can't get to him. He's "never there" and everyone refuses to give me his direct number.

Remember, sh1t rolls better downhill.

General rule of thumb : if the first 2 calls to the bottom of the food-chain have not provided satisfactory results, go immediately to the top of the food-chain.

there is no top of the food chain in this case, hence me wanting to take legal action.

[Pap_sak]

Hi all,

I want to find out, what are the procedures to take legal action against a supplier - whom we have paid on the 28th November, and no services were delivered on the 1st December.

To make it a bit more clear, it's an ADSL provider and all our client's ADSL accounts are off because they didn't see our payment, nor do they bother to look at the proof of payment which was now sent to them 5 times since it was paid.

The money is earning interest in their account and our clients are loosing business. So I want to take legal action against them for loss of business as well as unlawful business conduct.

Does anyone know what todo in this case?

Just being the devils advocate here:

but surly, if having ADSL connectivity is that critical for the running of business then they should be running some redundant lines? If my ADSL go down then I switch to 3G

[Citizen X]

You will have to sue out summons in terms of the mgistrates court act 32 of 1944 (as amended) and then in your particulars of claim state how your business was harmed as a result of this etc loss of earnings.

[SilverNodashi]

Just being the devils advocate here:

but surly, if having ADSL connectivity is that critical for the running of business then they should be running some redundant lines? If my ADSL go down then I switch to 3G

No, it's not about running redundant lines, etc. It's more a matter of their accounts department being full of BS and doing this on a regular basis. And I'm getting tired of having to fight with them every few months on this.

You will have to sue out summons in terms of the mgistrates court act 32 of 1944 (as amended) and then in your particulars of claim state how your business was harmed as a result of this etc loss of earnings.

Would you mind telling me a bit more, i.e. how do I actually do this? Sorry, but I'm not really clued up with laws, etc.

[tec0]

I would start with ICASA as they are the formal regulator for telecommunications. You can consider opening a file at your local consumer protection office as a start. Also you can register a complaint with icasa that is if icasa recognise them. If not then find out if there are a legal provider as this will open a new can of worms.

You can then inform them through the use of a lawyer that you are now taking formal legal action. Your lawyer will know what you can and cannot do so first take some time to talk to him get yourself informed.

Also find out from your lawyer if you can hold the business owner responsible and find out if you can send him a summons. In most cases you can and talking from experience they hate it if someone shows up handing them a summons. Especially if he/she has employees in place to prevent such steps...

[Citizen X]

That's quite alright! Fisrtly, in terms of our law, all South African have " locus standi". This means that all South Africans may either defend themselves or submit an application without utilising the services of an attorney. The problem with this right is that there are many procedural aspects to contend with and therefor it's always better to utilise the services of an attorney.
Get the services of an attorney. Instruct the attorney to prepare a particulars of claim and sue out summons for you on the basis of damages for loss of earnings.

[nkawit]

Rudi, drop me a pm I may beable to help you get your clients back online.