Bottleshop is gone - took everyone's cash

Toxxyc

Expert Member
Joined
Dec 12, 2012
Messages
3,447
That being said, with that ID number I can pull the dude's everything. All known addressed linked to the name, all the registered cell numbers, business partners, close family and friends, etc. Not sure if I should do that, though.
 

R4ziel

Expert Member
Joined
Apr 16, 2015
Messages
2,593
Huh. Some digging got me linked to an email address fish@fishemarketing.co.za. I ran the name Fish E Marketing through some online thingamabobs and found it's an existing enterprise, belonging to a Warrick Daniel Mulder. I even found his ID number, I believe. 840525 5046 081. Enterprise number M2010012578.

Running that ID number on some online tools gave me Bottleshop Online as the enterprise name (one of a few on his name), and bottleshop's enterprise number is K2018006743. According to CIPC, that enterprise has two non-compliance notices against it's name. The physical address for the enterprise is:
43 EKSTEEN AVENUE
BERGVLIET
CAPE TOWN
WESTERN CAPE
7945

I dunno if that helps.
I'm not sure it it helps, but Hippo should also now be in contact with him, I wanted to see if it still gets the details of the people
 

garp

Executive Member
Joined
Aug 2, 2004
Messages
8,020
Yes, there is recourse:
1., Are you 100% SURE that the company is in fact under liquidation?
If the Company is under liquidation, then a provisional liquidator will be appointed by the Master of the High Court to take over the administration of the liquidated company.
(The appointed liquidator will then take over the assets of the company and call on creditors of the company to submit claims should they wish.

2. If you are sure the company is IN FACT under liquidation, then you can nominate a registered, active liquidator (someone like me) to represent your interests in the liquidation process. It is best to come together as a group of creditors and then approach a liquidator to represent your interests as a group.

HOW DO YOU NOMINATE A LIQUIDATOR?
3. After approaching the liquidator, he will give you a form to fill (requisition form) to nominate a liquidator and then apply with the office of the master for appointment as liquidator, if the Master approves the forms, then the liquidator will be appointed.

Your gift voucher is a claim against the company and you are a creditor under the laws of insolvency.
In other words, you are owed money by the company.
Please note: Your position is of a concurrent creditor, you can only be paid after the payment of secured creditors and employees of the company, that is if the liquidator managed to raise cash from company asset sales, and there is a dividend payable to all classes of creditors,

Creditors (You) or liquidator can convene an inquiry in terms of the laws of Insolvency, a company director can be held personally liable if he conducted the business fraudulently, in this case, if he took people's monies knowing that liquidation is pending, then these are grounds for fraudulent trading and the owner can then be held personally liable for payment of company debts, if the owner cannot pay, then the liquidator will sequestrate him, this also has the effect of stopping him from being a director of any other company. "Insolvents are disqualified from being directors of companies."
Yes, and after all of that you will be lucky to get back 10c on the rand, five years later...
 
Joined
Dec 20, 2019
Messages
19
Thieves don't register for liquidation.

They take your money and disappear....
Very true!!!
But you can always get a court order holding them personally liable without limitation of liability if they don't register the liquidation of the business (this is seen as reckless trading in terms of the companies act).
You can then use this court order to demand payment of monies owed to you, if they fail to pay, then you sequestrated them to settle your debts.
 

Toxxyc

Expert Member
Joined
Dec 12, 2012
Messages
3,447
I've learned the hard way that when a company is liquidated and sequestrated and whatnot, the last people to see a cent is the person on the ground. Company I used to work for was liquidated years back, and they still owe me I believe 2 months' salaries, fuel claims and something like 16 days' leave. Never going to see that money.
 

eehellfire

Honorary Master
Joined
Sep 25, 2007
Messages
10,272
Huh. Some digging got me linked to an email address fish@fishemarketing.co.za. I ran the name Fish E Marketing through some online thingamabobs and found it's an existing enterprise, belonging to a Warrick Daniel Mulder. I even found his ID number, I believe. 840525 5046 081. Enterprise number M2010012578.

Running that ID number on some online tools gave me Bottleshop Online as the enterprise name (one of a few on his name), and bottleshop's enterprise number is K2018006743. According to CIPC, that enterprise has two non-compliance notices against it's name. The physical address for the enterprise is:
43 EKSTEEN AVENUE
BERGVLIET
CAPE TOWN
WESTERN CAPE
7945

I dunno if that helps.
you can use that ID on Hippo website to get some extra info :D
 

Naks

Expert Member
Joined
Jun 3, 2009
Messages
4,560
Why not open a case of theft with the SAPS? We have his details now, so let the cops loose on him
 
Joined
Dec 20, 2019
Messages
19
I've learned the hard way that when a company is liquidated and sequestrated and whatnot, the last people to see a cent is the person on the ground. Company I used to work for was liquidated years back, and they still owe me I believe 2 months' salaries, fuel claims and something like 16 days' leave. Never going to see that money.
Not exactly.
From your statement, you are a preferrent creditor, and are supposed to be paid after the payment of secured creditors (banks, etc).
You must go to the Master's office and check your previous company's file for the L& D account that was confirmed to see if any dividend was payable to employees, and if any monies have been paid to the guardian's fund.
Did you even submit a claim for salaries owed, fuel claims etc with the liquidator.
Only those who submit claims can ever be paid under insolvency.
 

eehellfire

Honorary Master
Joined
Sep 25, 2007
Messages
10,272
Huh. Some digging got me linked to an email address fish@fishemarketing.co.za. I ran the name Fish E Marketing through some online thingamabobs and found it's an existing enterprise, belonging to a Warrick Daniel Mulder. I even found his ID number, I believe. 840525 5046 081. Enterprise number M2010012578.

Running that ID number on some online tools gave me Bottleshop Online as the enterprise name (one of a few on his name), and bottleshop's enterprise number is K2018006743. According to CIPC, that enterprise has two non-compliance notices against it's name. The physical address for the enterprise is:
43 EKSTEEN AVENUE
BERGVLIET
CAPE TOWN
WESTERN CAPE
7945

I dunno if that helps.
you can use that ID on Hippo website to get some extra info :D
 

Toxxyc

Expert Member
Joined
Dec 12, 2012
Messages
3,447
Not exactly.
From your statement, you are a preferrent creditor, and are supposed to be paid after the payment of secured creditors (banks, etc).
You must go to the Master's office and check your previous company's file for the L& D account that was confirmed to see if any dividend was payable to employees, and if any monies have been paid to the guardian's fund.
Did you even submit a claim for salaries owed, fuel claims etc with the liquidator.
Only those who submit claims can ever be paid under insolvency.
We were actually told to fill in forms for the liquidators way back then with what we are owed and all that. It's like 7 years ago, so I have no idea what happened with that. Where can I check that info? I'm not finding anything on the company on the CIPC search?
 

SmartKit

SmartKit Rep
Joined
Jun 29, 2008
Messages
8,186
Mine was a gift voucher bought for me - I have no idea what the rest bought.

But back in 2017/2018 they did have a few niche items that bottle stores didn't really have. But I see recently even the Makro etc are jumping on the whiskey/gin bandwagon.
Are you referring to your Japanese reblended Scotch?
 
Joined
Dec 20, 2019
Messages
19
Why not open a case of theft with the SAPS? We have his details now, so let the cops loose on him
Under liquidation, the liquidator will file a report with the office of the Master to recommend prosecution of the director if the director is guilty of any misconduct.
 

SeRpEnT

Expert Member
Joined
Feb 15, 2008
Messages
4,501
Bit of a internet wheeler and dealer if you ask me... was just a matter of time before kuk would hit the fan...

Fish-e... yah fishy indeed. I guess it was an early warning. :p
 
Joined
Dec 20, 2019
Messages
19
You do know this is a South African forum right? We discuss things the way it works in South Africa? Just to make sure
Yes, I know.
This is EXACTLY how it LEGALLY works in South Africa.
I , personally am a Liquidator in South Africa, so I can attest that this is how payments are made.(Secured, then preferrent, last concurrent creditors)
The Courts are very strict, if there is ANY mistake on the account, we don't get paid, until the mistake is rectified.
 
Top