Small Claims court judgement rescinded

[chrisc]

Had a kitchen installer who said it would take 4 to 6 weeks for the work
He stretched it out to 10 months. Last appearance Oct 2020
Got another contractor to complete

Took original installer to SCC for goods and work not provided, despite payment in advance. Was awarded R19200 on 24th Feb, to be paid as 6 x R3200 from end March

Nothing paid

Commissioner tells me on 2nd May is not her job to enforce payments, so send lawyer after installer

Lawyer sends me a "Rescission of judgement" given by this same commissioner on 28th April. She now says she cannot recall this case at all, please stop bothering her. Subsequent emails ignored

Rescission states: "Evidence to cancel matter"

According to SCC rules, the plaintiff must be consulted when an application of rescission is made. Cleverly, the installer altered my address and contact details on the application, thus ensuring I would not know and no-one checked

So please beware, this is done quite often

 

[3WA]

Cleverly, the installer altered my address and contact details on the application, thus ensuring I would not know and no-one checked

Sounds like this guy is a professional at small claims court.

 

[chrisc]

Yes, he wriggled out of a Consumer Ombudsman decision as well by simply ignoring their instructions

Unfortunately, he tried the same trick (abandoning work paid) with a Milnerton lady who is an attorney with a large law-firm and she is going after him big time

He might have to sell the 2019 Mercedes he drives around in, and the gold chains around his neck

 

[joker08]

I dont understand a few terms used here. can some one please explain

• what is SCC (Google is giving me weird answers)
• whats a Commissioner ?
• what does this mean "Rescission of judgement"
• what application are we talking about here "the installer altered my address and contact details on the application"

Eventually what was your total damage? both for the kicthen and the lawyer fees ?

 

[supersunbird]

I dont understand a few terms used here. can some one please explain

• what is SCC (Google is giving me weird answers)
• whats a Commissioner ?
• what does this mean "Rescission of judgement"
• what application are we talking about here "the installer altered my address and contact details on the application"

Eventually what was your total damage? both for the kicthen and the lawyer fees ?

Small claims court, full name is in the tread title.

The defendant applied for the judgement to be rescinded, put false details, so the plaintiff could not oppose the rescinding cause not notified.