taking legal action against a supplier

[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.

[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.