A slight problem with a security company.

[sterne.law@gmail.com]

Hmmmm. Firstly I must disagree with teco. It is not neccessarillty that the company will not give in on the basis that they have done it before. We just had a case of a very large and reputable security company who had invoiced for repairs to the alarm system. I wrote a simple letter, the basis of which was that the alarm system belonged to them, and was a requirement for them to perform their part of the contract, the monitoring, and as such repairs to it was their problem. They reversed the charges no problem. Now perhaps, tehy simply thought it was a minor issue and not worth bothering or, they know this and just try and get away with it. Problem is some people dont know what can and cant be done, or the other side is of course the expense to do it.

Part of the problem, as Pap sak pointed out, is the ease with which credit rating is affected by a company listing you as a non payer.

Perhaps a letter, detailing their non performance entailed you to cancel the contract. Maybe offer a 3 month settlement, failing which you will take legal action. Should this fail, why dont YOU take the issue to small claims. Claim for damages for non performance, and make some cash out of it, while at the same time the court will make an order bringing the contract to an end. Cost is minimal, could be fun and you may just make some bucks - then you can buy everyone a round!!!

[sterne.law@gmail.com]

On some of the contract points.
Writing on the back is not entrapment.
Being in Afrikaans, does not help either.
The main issue is the non performance.
Something in your favour is the removal of the transmitter could be intepreted as a tacit acceptance of the cancellation of the contract. Furthermore by doing so, they can no longer perform their part of the contract, (how can they get signals?) Another issue - check if you did pay for the transmitter - that may be your settlement agreement, if it was not too much money, alternatively that would be theft.

[Amado]

for any contract to be valid it has to be signed by both parties. Most of these agreements arent signed by a lawful representative of the corporate entity. if it isnt you have an out. still advisable to see an attorney about a common law remedy and avoid the commercial law aspect.

[Pap_sak]

Just saw this thread that I started ages ago. In the end I just did nothing. A couple of months later the invoices stopped coming, and that's the last I have heard about it. Maybe sticking you head in the sand works occasionally.