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Posted

Sounds like a bit of reckless trading to me. If you know your business is in dire straits and you are very unlikely to be able to deliver on the promise of delivery for ordered goods, somehow it does not make legal sense to be willing to accept payment for something. I sense a legal angle here, and no auditor is going to go near that. Only a Closed Corporation protects its members from liability towards creditors since it is a legal entity separate from the members and is entirely responsible for its own debt, but even this only applies if reckless trading can be proven to not be the case.

The issue comes in when getting a lawyer involved which will cost more than the debt that is owed to you by the business. Sorry to hear that this is the case. 

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Posted

Sorry to hear about that.

I got ahold of him a few weeks ago on his cell, he said he would refund my order - but unfortunately that was the last I heard from him as well.

Hope that you guys can get some joy from the auditors. Im not too fussed - my order is outstanding since December last year so I had pretty much given up hope of getting anything anyway.

 

Posted
4 hours ago, Woofie said:

Sorry to hear about that.

I got ahold of him a few weeks ago on his cell, he said he would refund my order - but unfortunately that was the last I heard from him as well.

Hope that you guys can get some joy from the auditors. Im not too fussed - my order is outstanding since December last year so I had pretty much given up hope of getting anything anyway.

 

Same here, in his last comms on 06 Aug to me, on his whatsapp nr, he also promised to refund the credit over that weekend. After that the whatsapp nr must have been disconnected as all my messages after 6 Aug were not delivered and the nr was offline.

I still wonder how he was planning to refund me, as he didn't asked for my banking details????(itallic font is mos sarcastic?)

Posted
3 hours ago, Jewbacca said:

If you paid via credit card, can you not dispute the payment? Non arrival of goods can illicit a credit card refund from the bank.

Unfortunately didn't pay by card

Posted
3 hours ago, copperhead said:

I have been successful in the small claims court. It costs you nothing but time. Go to the court and ask for the papers. It took me about 2 months. He took your money knowing full well that he was not going to deliver. Pretty much theft. Wonder if he will start a touring company next.

Thanks for the advice, will definitely look into it.

Funny enough, the touring operator came to mind as well yesterday. At least the online store is down, so looks like he doesn't operate on that level.

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