The Name and Shame Game!!

[word]

EEWWWWWW - second hand blow up doll!!!!

 

 

 

Maybe he needed instructions on how to use the doll, not blow it up

[mrmed]

My suggestion is that Samajoor pays Joss the R3500-00 by cheque, with the following written on the back "In full and final payment for ...... bought at Morne Bester Cycles" If there is any comeback it will be on Joss and not Samajoor.

[Myra]

But as it is I am legally bound to pay the owner' date=' who is Morne Bester and not Joss Esterhuizen
[/quote']

 

Not necessarily.  Even if Bester was the sole proprietor and the full amount was due to him, he could have ceded his claim to Joss.

 

Yes, but even if there was no cession, if Joss did indeed pay the mula over to Bester, then he still has a vaild claim against Samma, based on unjust enrichment.

 

Doesn't unjust enrichment only apply if the sale was invalid or subsequently became invalid?  SJ seems to be implying there was a valid sale between himself and Bester.   

[Jules]

Sounds dodgy, specifically the alleged "runaround" - not appearing at arranged meetings and not answering phone calls. Hope you get your money Joss.

[Harryn]

But as it is I am legally bound to pay the owner' date=' who is Morne Bester and not Joss Esterhuizen
[/quote']

 

Not necessarily.  Even if Bester was the sole proprietor and the full amount was due to him, he could have ceded his claim to Joss.

 

Yes, but even if there was no cession, if Joss did indeed pay the mula over to Bester, then he still has a vaild claim against Samma, based on unjust enrichment.

 

Doesn't unjust enrichment only apply if the sale was invalid or subsequently became invalid?  SJ seems to be implying there was a valid sale between himself and Bester.   

 

Yes, Samma says that there was valid sale as between him and Bester, giving rise to a liability. Joss alleges that he discharged that liability for and behalf of Samma as they were Chinas. Ergo: Joss's estate has been depleted to the extent that Samma's has been enriched (unjustly if Joss's as Joss's Counsel will undoubtedly eloquently argue). In fact, Joss could take it further by stating that it was an implied agreement that Samma would repay him once was cash rich as he now is (lucky lucky man).

 

But I must say Nothinness - I bow to your superior tactical skills - if Joss could get a deed of cession outta Bester, that would just be killer - Samma would have no defence to that scenario.

[porky]

Ai, someone has to prove ownership of the goods.

 

This is usually done by means of an invoice.

 

If the invoice was on a Morne Bester Cycles invoice, the funds must be paid into the Morne Bester cycles account.

 

If the invoice says Joss whoever, it must get paid to him.

 

If there is a cession there needs to be paperwork, ask for it.!

 

If there was NO name on the invoice and you want to be difficult let them take you to court, they are NOT able to prove ownership and chances are you will not have to pay anything, simply because their was no rightfull owner.

 

............but thats the hardarse way, if theres no proof of ownership and if you owe the money sort it out, get the parties together and make out a cheque to that party, not a cash cheque and get a signed reciept stating the value is settled in full, or you may end up with someone else laying claim to the funds later.

 

porky2008-06-04 10:05:47

[Guest Big H]

EEWWWWWW - second hand blow up doll!!!!

Maybe he needed instructions on how to use the doll' date=' not blow it up[/quote']

 

Jy blaas (blow) nie so pop nie....... Jy pomp (pump) dit!!!!!!

[fandacious]

EEWWWWWW - second hand blow up doll!!!!

Maybe he needed instructions on how to use the doll' date=' not blow it up[/quote']

 

Jy blaas (blow) nie so pop nie....... Jy pomp (pump) dit!!!!!!

 

klink my oom weet waarvan praat hy... raak oom eensamig daar in die boendoes?

[Harryn]

Ai' date=' someone has to prove ownership of the goods.

 

 

[/quote']

 

Porks, ownership of the goods is not relevant here. Samma is the owner of the goods - he took delivery. It seems to be common cause that the goods were supplied by Morne Bester, so the invoice aint gonna take that issue much further either.

 

Samma is not denying that a payment is due. Neither is he saying that he does not know who to pay. He has tendered to pay it into the bank account of Morne Bester cycles, but the poor soul just can't cos he does not know the bank account. I just cannot imagine the pain this dilemma is causing him. He is grieving, so its no wonder he cant answer the phone.

[Guest Big H]

EEWWWWWW - second hand blow up doll!!!!

Maybe he needed instructions on how to use the doll' date=' not blow it up[/quote']

 

Jy blaas (blow) nie so pop nie....... Jy pomp (pump) dit!!!!!!

 

klink my oom weet waarvan praat hy... raak oom eensamig daar in die boendoes?

 

Nee definitief nie, maar die OOM het 'n verbeelding al is die OOM oud!!!!!!

 

Laat ekke ophou hijack.... admin gaan my raps!!!!!!!!

[porky]

I disagree, it makes a big differance, there is a dispute about Initial ownership - I was typing quickly - Joss says it belonged to him, Samma says it belonged to MB cycles.

 

This can only be sorted out by an invoice. Present ownership, I agree is irrevelant.

 

If Samma pays Joss, I would suggest MB cycles could lay claim to the funds later saying Joss was not the rightfull owner of the goods to sell in the first place, and of course Vice Versa.

 

My suggestion would remain, pay the entity or person stated on the invoice .!

 

I doubt it should be too difficult to find MB cycles bank account number, its probably on the invoice,but yes the dilemma about where to send the cheque, !!

 

porky2008-06-04 10:28:51

[Harryn]

Porky, read the pleadings.

Joss concedes that the shop sold the stuff, but claims that:

1. he was a partner in the business;

2. he has paid his ex partners the money that Samma owes to the business;

3. Samma is accordingly liable to him.

 

Resist the urge to over simplify. The invoice is not relevant.

 

In any event I do not believe that "hub justice" has provisions for discovery of documents. EG: we never look at any docs before convicting the kugel in her Prado of murder after she side-swipes us on Louis Botha Ave. We just say she is a murderer, plain and simple, and nobody ever had a problem with that!

Harryn2008-06-04 10:31:36

[porky]

Porky' date=' read the pleadings.

Joss concedes that the shop sold the stuff, but claims that:

1. he was a partner in the business;

2. he has paid his ex partners the money that Samma owes to the business;

3. Samma is accordingly liable to him.

 

Resist the urge to over simplify. The invoice is not relevant.

 

In any event I do not believe that "hub justice" has provisions for discovery of documents. EG: we never look at any docs before convicting the kugel in her Prado of murder after she side-swipes us on Louis Botha Ave. We just say she is murderer, plain and simple, and nobody ever had a problem with that!

[/quote']

 

 - THATS TRUE.

 

On point

 

1)No Dispute.

2)Demand proof he has paid his partners - no proof pay the entity on the invoice.

3)See above.

 

Well its been nice, but I gotta go, wife said I must accompany her to the book club later. 

 

 

[Harryn]

Porky' date=' read the pleadings.

Joss concedes that the shop sold the stuff, but claims that:

1. he was a partner in the business;

2. he has paid his ex partners the money that Samma owes to the business;

3. Samma is accordingly liable to him.

 

Resist the urge to over simplify. The invoice is not relevant.

 

In any event I do not believe that "hub justice" has provisions for discovery of documents. EG: we never look at any docs before convicting the kugel in her Prado of murder after she side-swipes us on Louis Botha Ave. We just say she is murderer, plain and simple, and nobody ever had a problem with that!

[/quote']

 

 - THATS TRUE.

 

On point

 

1)No Dispute.

2)Demand proof he has paid his partners - no proof pay the entity on the invoice.

3)See above.

 

Well its been nice, but I gotta go, wife said I must accompany her to the book club later. 

 

 

 

To Porky J : I concur with thy decision in the above matter. It has been remarkably 1derful sitting in Judgment with you. I too need to take my leave so as to sup frugally on the chicken wings, beef pate, 4kg of rice, three sweet potatoes, pancakes that the wife has made 4 me (dunno why I can't lose the weight).

 

Tomorrow we take down Hlope!  

[Iwan Kemp]

BS! Sure you know you have to pay the money and you know to who, if only somebody would supply the bank details.

 

Come on. That's weak.

1. If you HAVE the money and you KNOW you must pay it, pick up the damn phone like an adult and GET the banking details.

2. If you HAVE the money and you KNOW you must pay it AND you are looking for the banking details ANSWER YOUR PHONE.

 

People, please.

[123qwer]

Nice one CROW, well said