Money Lender’s Claim Thrown Out

Claimant Harriet Spolander had only herself to blame for leaving the Cape Town Small Claims Court empty-handed.

She alleged she had lent Mr Duncan Harker R4 000 – but she had no written proof of the loan, and the only person who, she alleged, had witnessed her handing the money to him was not prepared to support her in court.

When I obtained her file afterwards, I was amazed that she had not even completed the complaint form, in which she was supposed to give details about her claim. The form was blank.

The commissioner receives the file about a week ahead of the hearing, and the details on the complaints form inform him what the claim is about.

In Ms Spolander’s case, Commissioner Noel Woods thus had no clue what the claim was about when he called the case.

He asked if she could at least remember the date on which she had lent Mr Harker the money. She said it was in May, 2005.

Asked to explain the circumstances, she said: “I drew R4 000 for myself, and he said he needed money also, so I drew another R4 000.”

Asked what Mr Spolander needed the money for, she said: “He didn’t say.”

Asked for how long she had known Mr Harker, she said: “For just a few months.”

Mr Harker denied the loan outright, and told the court: “We were close friends, and she asked me to go with her to the bank.

“The bank needed personal details from one of us, so I gave mine.”

Asked how much she drew, he said: “She had to wait 58 hours before the bank would give her the money.”

Ms Spolander said they had had a relationship, and that Mr Harker had stopped repaying the loan after they broke up.

He had repaid R1 920 (4 X R480), she said.

Asked why she was claiming the full R4 000 if he had repaid R1 920, she just stared blankly at the commissioner, without answering.

The commissioner asked her: “Do you lend money out to just anyone?”

She replied: “I’ve done it before.”

She added: “It wasn’t a loan.”

Commissioner: “What was it, if not a loan?”

She replied: “It was a bank transaction.”

Commissioner Woods responded: “A loan is a loan, but I have no proof of it so I have to dismiss your claim.”