The Perils of Internet Transactions

This is not a highlight from the Small Claims Court, but a warning about the perils of internet transactions, and how easily unsuspecting people can become victims of fraud.

Here is what happened to Judy, who lost in excess of R4000 in trying to provide for her domestic servant:

She alleges as follows: “Early in October I ordered a two-bedroom steel house from an advert on Junkmail.

“A man named Robbie answered me promptly, and from his organised website and correspondence, and after speaking to him, I felt happy that he was honest and would be able to deliver.

“I asked him for a delivery date which he gave me telephonically and I confirmed this in writing on payment of the deposit of more than R4000.

“The promised delivery date was for the first week of November, 2011.

“I explained to him that it was imperative that the house be delivered on time as it was for my domestic worker, who lives under dire circumstances with her three small children, and the rainy season was approaching.

“When the date came and went, I contacted him again reminding him of the seriousness of the situation.

“He referred me to his partner who never answered his phone.

“When I tried to contact Robbie again he also stopped taking my calls and ignored my e-mails.

“After many efforts to contact him I sent him a notice of intention to commence with legal action.

“He then very promptly called me but would not commit to a delivery date as he was ‘not in the office’.

“He promised to contact me by the end of that day – now almost a month ago – to give me a delivery date, but did not.

“I have now had to fork out further money, and have been forced to buy my domestic an inferior quality house as my money is tied up with Robbie and my domestic is living under extremely bad circumstances.

“I can no longer accept the house from him, and require that my money be returned in full.

“Please advise what my rights are, and how I should approach this.

“Surely it is fraud to take someone's money and not deliver?”

The website replies as follows: The only question is whether Judy, at the time of the transaction, would have paid the money, knowing that Robbie would not deliver. If Judy’s answer is no, which is obviously is, then, yes indeed, it is fraud.

It turns out that the name of the business is “Rock solid Steel worx”.

With the website’s assistance, Judy went to the premises to hand-deliver a Letter of Demand (LOD), only to find the house deserted.

Judy writes as follows: “Oh dear, Bert … this didn’t end well.

“Went to deliver the LOD, only to find an empty house and a great big sign that says ‘Bank Repossessed’. Eish

“There was a watchman on site who says many people are looking for Robbie and the police were also there today looking for him.

“All I have got now is the registration of his 2 cars, and the neighbour says he is staying somewhere in Wonderpark. I want to howl.

“I suppose there is now no recourse for me at all?”

Bert's reply:

Well, I certainly hope it is not the end of the road for Judy.

The fact that the police have been to the premises looking for Robbie, indicates that there are other victims as well, and that a police investigation is already underway.

Rather than have Judy go to a police station, and be frustrated by reluctant police officials, I have furnished Judy with the telephone number of the Commander of the Pretoria Commercial Crime Unit.

Rather start at the top, where the “buck stops”, than at the bottom, where passing the buck starts, and let the Commander give orders for an investigation, or track down the current investigation and add Judy’s name to the docket.

All too often, at police station level, reluctant officials fob off fraud victims by saying the matter is a civil claim and not a criminal one.

In fact, it is both.

If Robbie is brought to book, and convicted of fraud, one of the sentencing options will be a jail sentence suspended on condition that he repays his victims.

In that manner, the victims at least have a fighting chance of getting their money back and, if Robbie fails with just one payment, the prison doors will be waiting for him.