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Thread: Summons, notice of intention to defend and plea in practice

  1. #61
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    Good day, Please can I ask how would one institute a counter claim with the plea?

  2. #62
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    Hi I really need some help. I purchased a BMW on residual and struggled but paid all but 2 premiums out when the residual payment date arrive in NOV 2018. My efforts to ask the credit provider for further extension to finance was unsuccessful. I then proceed to ask the NCR and Motor Industries ombudsman for advice and that was no help either. The vehicle packed up 4 days before the date of payment for the residual. It was towed to my premises were it stood. I have been a terrible financial downturn since beginning 2017 and had no income coming in my wife tried her best to help us considering our losses. I sent communication via email and telephonically to BMW to collect their car as i was in no position to have the vehicle towed to them. Since end November till today 22 May i have not had any formal communication from them or signed any documents. I understand that the summons can be served any how they please but i noticed the following my gender is incorrect in the document, the financial services made a mistake on the engine no. on the documents when selling me the car and now added this a amendment to summons claiming accepted this as part of the deal. Which i never did! The recent recall on all models of BMW internationally also is something i was aware about and this is the problem I complained about to the servicing agents when the car was last serviced. The vehicle has been parked off in my yard since and now i am being served. I requested them to recover the vehicle and was not willing to sign any documents until then. I don't know what to do as i am in no position to fight financially or pay off the debt as i have been self employed and the business completely failed leaving me in a very bad position. Please advise me i don't want a judgement and i was willing to sell the car and pay the difference to them settle the outstanding, which i emailed to the collections department.

  3. #63
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    Hi, not sure or I can add my "Notice to defend" problem here?
    On the "Notice to defend" we FORGOT the small print at the bottom or last paragraph, where it say (Give full address for acceptance of service of process or documents..........)
    Then two days later the Plaintiff who is a Lawyer, send us a email that say;
    1) You aforesaid notice does not comply with rule 13(3(b),
    2)You are requested to indicated and consent within 3 days to accept service of notice at this email address ......................(my email)
    THE QUESTION, How do we rectify this,
    1) Just send a email to the plaintiff
    2) Redone a "Notice to defend" complete, let the plaintiff sign and hand it in at the court with the letter from the plaintiff recieved

    Please if any one can advice us, this must be in by Monday 4 May
    Thank you
    Edgar

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    Please assist

    Hi All

    Thank you all the valuable information. The documents are a huge help. After I provide the court registrar with my intention to defend, I will be required to provide the courts with either a plea (but I don't understand what I would plead to or with?). What is an exception and a notice to strike out? I do not have the terms yet from my wife's lawyers so what do I do to plea or make an exception? I cannot afford a lawyer so am representing myself inn the high court. I am trying to obtain a fair split of assets which is not currently the case. I am well prepared, bar the court documentation and understanding of the legalese. My assets are also being sold off while this process is taking place. How can I stop this from happening? I would really appreciate some help and advice. Really appreciated.

  5. #65
    Diamond Member Citizen X's Avatar
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    A very good morning to you Clubber,

    I have sent yo a private message.

    Quote Originally Posted by clubber View Post
    Hi All

    Thank you all the valuable information. The documents are a huge help. After I provide the court registrar with my intention to defend, I will be required to provide the courts with either a plea (but I don't understand what I would plead to or with?). What is an exception and a notice to strike out? I do not have the terms yet from my wife's lawyers so what do I do to plea or make an exception? I cannot afford a lawyer so am representing myself inn the high court. I am trying to obtain a fair split of assets which is not currently the case. I am well prepared, bar the court documentation and understanding of the legalese. My assets are also being sold off while this process is taking place. How can I stop this from happening? I would really appreciate some help and advice. Really appreciated.
    “Ubuntu is the essence of being humane" Desmond Tutu
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  6. #66
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    After notice to indent to defend next step

    Hi.I need info and advice of what the next step is after filing notice to indented to defend.
    I received summons (mortgage related) and within the 10 days I file for that I don’t have a clue what’s next apart from what o read here and few of my research.

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    Diamond Member Citizen X's Avatar
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    Quote Originally Posted by Mamokete View Post
    Hi.I need info and advice of what the next step is after filing notice to indented to defend.
    I received summons (mortgage related) and within the 10 days I file for that I don’t have a clue what’s next apart from what o read here and few of my research.
    LTC Harms, from his leading book “Amlers Precedents of Pleadings,” can best answer your question:

    Pleadings and love letters have much in common: both are personal and reflect somewhat of the author’s personality. Precedents in either instance are dangerous because they tend to be inapplicable to the facts under consideration. Each sets out and explains the position of the parties involved. If too much or too little is said, problems arise. They provide embarrassing evidence of the original perceptions and intentions of the author and never please successors in title.
    LTC Harms, Pretoria. February 2015
    To add, a plea is a brief, clear, concise answer to each individual paragraph of allegation found in either the simple summons or the combined summons.
    Look at the example:
    Suppose the combined summons includes the following as the first four paragraphs.
    1.
    The Plaintiff is ABC bank, a bank registered in terms of the laws of South Africa
    2.
    The Defendant is Jack Joap Soap supply, a Close Corporation, duly registered in terms of the laws of the Republic of South Africa which is situated at Pretoria

    3.

    On or about October 2020, the parties entered into a written agreement for a specialized service, for the supply of liquid soap
    4.
    The Plaintiff was represented by Mr D and the Defendant was represented by Mr H.
    5. On or about November 2020, the defendant breached the contract by no supplying the soap.
    This is how it must be answered in practice in the plea

    AD PARAGRAPH 1 THEREOF
    The defendant admits the contents of this paragraph.
    AD PARAGRAPH 2 THEREOF
    The defendant admits the contents of this paragraph
    AD PARAGRAPH 3 THEREOF
    The defendant admits the contents of the of this paragraph
    AD PARAGRAPH 4 THEREOF
    The defendant denies the contents of this paragraph, as if specifically traversed and puts the plaintiff to the proof thereof. The defendant submits, the Plaintiff breached the contract. The Defendant submits as his defence exception non adempleti contractus



    Lately I've been quite reluctant to state things as they randomly just appear in mind, lest it be misinterpreted!(will explain later, it has everything to do with the communication model, and a problem with decoding because of different channels of communication.)

    See I've identified the exact problem!

    Sometimes when you really admire and look up to an author for instance one may employ certain words and phrases that they use. Since this is a apparently a crime equivalent to High Treason. I'll refrain from doing so going forward.


    In this instance I have the emails as evidence though!

    When I was in my first year of law school I wanted to know literally everything! It was beyond the remit of a first year law student to be familiar with pleadings. I was very familiar because I researched several books on the matter. The complex area of law were not my problem. It was the small things.

    I didn't know what " AD," in "AD paragraph 1 meant. So I emailed all my lecturers at the time. They couldn't answer me. This nagged at me for several months.

    I got my answer from solving a different riddle. I was into Biblical eschatology as at this time. I knew what BC meant, but couldn't reconcile AD to certain important years as I thought that it meant "After the death of Christ;" I did get my answer. "AD," means "in the year of the Lord."

    The implication is that "AD paragraph 1," means in paragraph 1 of the plaintiff's summons.

    My lecturers were shocked when I emailed them this explanation! They said inter alia that after years of practicing law they never thought about it!
    “Ubuntu is the essence of being humane" Desmond Tutu
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  8. #68
    Diamond Member Citizen X's Avatar
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    Communication at the best of times, in person, can be misinterpreted!


    This book was given to me by a lady with the initial L.

    Click image for larger version. 

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    Communication is any process where one individual, known as the sender sends through a channel to someone else known as the receiver.[1] There are many barriers to effective interpersonal communication.[2] These barriers include perceptual barriers, psychological barriers, physical barriers, physiological barriers and semantic barriers.[3]

    To illustrate, suppose there is a one sender and one receiver The sender is a truck driver who uses an old school CB radio. The receiver is deliberately confined to communicate back only via an advert in the paper.
    It would be nothing short of extraordinary if they could communicate effectively without misunderstanding each other.

    You know this gives me two ideas both related to effective communication.

    Firstly, someone should start a threat in the business section of TheForumSa entitled “The problems and challenges of communicating in the business world,” and secondly, Advertising and sales promotion that vie for your attention.

    I’ll tell you what I’ll start the second one. Someone in TheForumSa please start the first



    [1] Staden Ev et al Corporate communication (Van Schaik Publishers Pretoria 2002) p 12.

    [2] Staden Ev et al Corporate communication (Van Schaik Publishers Pretoria 2002) p 30.

    [3] Staden Ev et al Corporate communication (Van Schaik Publishers Pretoria 2002) p 34.
    “Ubuntu is the essence of being humane" Desmond Tutu
    Spelling mistakes and/or typographical errors I found in leading publications.
    Click here
    sabbaticus

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