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Sign up with GoogleReaching the end of my patience
- Thread starter arf9999
- Start date
This is one thing I have never done. Been to court, been to arbitration and mediation, but never small claims court. So just for fun its an experience, and actually it does not cost a cent. Well maybe a few, but it will mean a few less beers for a week, but thats it.
Any one want to try http://www.doj.gov.za/brochure/1999_small_claims_court.htm
BuffaloBill thinks we should try something more relaxing like not paying. Actually thinking about it, maybe thats the right way to go.
In fact you will have more money to spend on beers. And still no more or less connection than most of you have now.
Any one want to try http://www.doj.gov.za/brochure/1999_small_claims_court.htm
BuffaloBill thinks we should try something more relaxing like not paying. Actually thinking about it, maybe thats the right way to go.
In fact you will have more money to spend on beers. And still no more or less connection than most of you have now.
LoneGunman
Expert Member
- Joined
- Sep 23, 2003
- Messages
- 4,552
looking through the small claims document.. what is Sentech technically? Is it a separate independent Company, or is it part of the State in some way (reason I ask - is that there's that bit about
"The court proceedings may be referred to the Supreme Court for review on three grounds only:
1-absence of jurisdiction by the court;
2-interest in the cause, bias, malice or corruption on the part of the commissioner; and
3-gross irregularity with regard to the proceedings
I was wondering whether one could actually, if Sentech falls outside of the jurisdiction of the small claims court, if there could be a free pass to the Supreme Court..
Then also, if claim number 1 has been achieved (to retrieve x2 months payment) then customer number 2 steps forward and proceedings start against Sentech all over again..
I wonder how Sentech will cope with 10 or 15 separate small claims proceedings being instituted one after the other.. Its not malicious litigation, as each customer has a perfectly valid case - and Sentech one way or another get spanked over and over and over in the media..
The simple 'stopping of payment' route is a bit dangerous in law, as its frowned upon as a route by most courts, as it technically puts Sentech in the position of being the 'aggrieved party' in any case. If there's court action, you as non paying person is liable first, regardless of 'whether or not you have good reason NOT to pay' - and this puts you on a dodgy footing with the judge. Yes we've got good reason, but the court mostly will just see it as a simple failure to pay, as opposed to seeing it as an excuse to expose the absence of a service.
So my gut feel is avoiding giving Sentech ammunition, while making them expend money, and cope with public humiliation (I mean picture Sentech representatives in a small claims court, inbetween the frikkies arguing over borrowed money to fix cars and landlord disputes
Methinks they'll greet this justified yet (in their eyes) 'dragging of their good name through the mud', with horror and embarressment - and be able to do nothing about it except try and 'fight' the case (or settle very quickly) - all in the glare of publicity.
Publicity is the one thing they dont want, unless it comes from them, and they can control it. So everything done by outraged-but-law abiding customers, who are clearly demonstrating their respect for the law, makes it harder and harder for Sentech to paint them as 'radicals' or control the story in any way..
*from the desk of Jo Goebbels*
"The court proceedings may be referred to the Supreme Court for review on three grounds only:
1-absence of jurisdiction by the court;
2-interest in the cause, bias, malice or corruption on the part of the commissioner; and
3-gross irregularity with regard to the proceedings
I was wondering whether one could actually, if Sentech falls outside of the jurisdiction of the small claims court, if there could be a free pass to the Supreme Court..
Then also, if claim number 1 has been achieved (to retrieve x2 months payment) then customer number 2 steps forward and proceedings start against Sentech all over again..
I wonder how Sentech will cope with 10 or 15 separate small claims proceedings being instituted one after the other.. Its not malicious litigation, as each customer has a perfectly valid case - and Sentech one way or another get spanked over and over and over in the media..
The simple 'stopping of payment' route is a bit dangerous in law, as its frowned upon as a route by most courts, as it technically puts Sentech in the position of being the 'aggrieved party' in any case. If there's court action, you as non paying person is liable first, regardless of 'whether or not you have good reason NOT to pay' - and this puts you on a dodgy footing with the judge. Yes we've got good reason, but the court mostly will just see it as a simple failure to pay, as opposed to seeing it as an excuse to expose the absence of a service.
So my gut feel is avoiding giving Sentech ammunition, while making them expend money, and cope with public humiliation (I mean picture Sentech representatives in a small claims court, inbetween the frikkies arguing over borrowed money to fix cars and landlord disputes
Methinks they'll greet this justified yet (in their eyes) 'dragging of their good name through the mud', with horror and embarressment - and be able to do nothing about it except try and 'fight' the case (or settle very quickly) - all in the glare of publicity.
Publicity is the one thing they dont want, unless it comes from them, and they can control it. So everything done by outraged-but-law abiding customers, who are clearly demonstrating their respect for the law, makes it harder and harder for Sentech to paint them as 'radicals' or control the story in any way..
*from the desk of Jo Goebbels*
Sentech is a separate legal entity, it just happens to be owned by the state.
Actually, the CEO doesn't have to attend small claims court, only a responsible officer of the company. However, they're not allowed a lawyer!
MW128, Tower 50 (Northpark Plaza), 17% (with a Pringles can)
Actually, the CEO doesn't have to attend small claims court, only a responsible officer of the company. However, they're not allowed a lawyer!
MW128, Tower 50 (Northpark Plaza), 17% (with a Pringles can)
By Jove! Let's do it! I have a lawyer friend (think she's coming to visit us this weekend) - I'll find out what/when/where. Will let you guys know.
<hr noshade size="1"><font size="1"><i><div align="right"><font color="red">i haven't lost my mind, it's backed up on disk somewhere...</font id="red">
tower82.randparkridge.jhb|13% signal|256k package, running at 0.3 - 3k/s</div id="right"></i></font id="size1">
<hr noshade size="1"><font size="1"><i><div align="right"><font color="red">i haven't lost my mind, it's backed up on disk somewhere...</font id="red">
tower82.randparkridge.jhb|13% signal|256k package, running at 0.3 - 3k/s
</div id="right"></i></font id="size1">I did check with an attorney and we do have a case against them. Sure, the CEO might not attend, but who cares......it will give them as much pain as I have had over the last 45 days.
Can you imagine 100 irate users initiating claims against them, that they cannot defend with an attorney and they have to attend themselves. It will take 5 hours of our time, but 500 hours of theirs.
Sounds like fun.
Or you can join all the other turkeys who are unhappy and really get some action going
Can you imagine 100 irate users initiating claims against them, that they cannot defend with an attorney and they have to attend themselves. It will take 5 hours of our time, but 500 hours of theirs.
Sounds like fun.
Or you can join all the other turkeys who are unhappy and really get some action going