dwp eNewsletter
Vol 3 : Ed 6 - November 2009
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| welcome |
Can you smell the mince pies? Can you smell the christmas trees? Can you smell the sea and sunscreen? Well, we can and it's called holidays! Our shops and tv commercials are reminding us already of the upcoming holidays and we all say, bring it on!
If there is anything that you want sorted out before the holiday spirit overtakes, give us a call - even if it is just to get more information about one of the topics discussed below. We hope you enjoy this edition! Till next month!
| in short |
| i smell... |
If
necessary, attorneys will often ask for the courts indulgence and
request a postponement for some other valid reason; reasons for example,
like the need to take further instructions from client, lost documents –
that sort of thing. The courts will usually exercise their discretion in
favour of the postponement to ensure that no parties are prejudiced.
>>> Read further (full article)
| mekanik |
| the nca's sec 129 and executors of deceased estates |
The
case of ABSA Bank Ltd v Magiet discusses a crisp issue as to whether or
not S129 of the National Credit Act (NCA) is applicable to the executor
of an estate in the circumstances where the consumer (as defined in the
defined in S1) is deceased.
>>> Read further (full article)
| ek sê |
| kennisgewings itv die kredietwet: gestuur of ontvang? |
Die
feit dat die Nasionale Kredietwet verreikende gevolge op ons reg gehad
het, en steeds het, blyk uit die volumes hofbeslissings en opinies wat
daarmee handel. Die einde is nog ook nie in sig nie, aangesien leemtes
en verskillende interprestasies van die menige artikels nog gereeld
opduik.
Een so leemte het betrekking op die interpretasie van artikel 86(2) van die Wet – ‘n kort bepaling wat groot gevolge vir beide kredietversakffers en verbruikers inhou. Maar voor ons by die bepaling kom gee ons gou ‘n oorsig van die eisproses om te illustreer waar hierdie artikel ter sprake kom.
In meeste omstandighede wat ‘n kredietverskaffer ‘n kredietooreenkoms wil afdwing moet hy eers ‘n geskrewe kennisgewing in terme van artikel 129(1)(a) aan die verbruiker stuur. Die kennisgewing moet in wese die volgende bevat...
>>> Lees verder (volledige artikel)
| nowheresville |
| substituted service via facebook |
Social
networking sites are fast encroaching on all arenas of people’s lives –
even in cases where it’s least expected.
Lawyers often experience difficulty in tracking down a Defendant in order to serve a Judgment once it has been granted. When a Defendant is evasive and can’t be found at their last home address or workplace and won’t respond to e-mails or formal notices to appear at Court, there is seemingly one last alternative – Facebook.
>>> Read further (full article)
| swindon property minute |
| swindon is bowling for mo-vember |
During
Mo–vember (the month formerly known as November) men all over the world
are growing moustaches in order to raise awareness for Men’s Health
Issues. We’re celebrating the end of this moustache growing month by
hosting a lawn bowls competition with a difference.
Swindon Property is proud to be one of the main three sponsors of this year’s event and entering a number of teams to show our support. We are also calling on all our friends & clients to show their support by entering,
In its second year, Bowling for Movember, will be hosted at the Fresnaye Bowls Club on the 29 November. Last year’s event was a great success and raised over R15000 for CANSA. Bowling for Movember is an opportunity for all those who have grown their moustache in support of Men’s Health Issues to show off their mo’s and bowling prowess in style. Full bar, DJs, café and sponsor stands which include a Dermalogica Skin Bar and WellSpa Massage Zone. There’ll also be a nurse and CANSA representative there on the day, who will have all the info you need on Prostate and Testicular Cancer.
All the money raised by Bowling for Movember is used to grow awareness of men’s health issues by the Cancer Association of South Africa (CANSA). CANSA uses funds raised for research, to increase awareness of the importance of early detection and to improve the support networks for those affected with prostate or testicular cancer.
Please join us by signing up at the attached link :
http://www.bowlingformovember.co.za/register.php or have a look at the website www.bowlingformovember.co.za for further information. Any commercial property related queries, please feel free to call us on 021 422 0778 or visit our website on www.swinprop.com .
| rollonfriday |
| lawyer sues credit card co for prostitute overcharge |
A lawyer who claimed that his credit card company should have done more to prevent him from being defrauded by a prostitute, has lost his case.
John Peoples claimed he had hired the woman for sex at a cost of $275 - $375 per hour. The lady concerned, a Ms Ginger Dayle who says she merely offered "pilates lessons", in fact charged him up to $800 an hour. As Peoples is registered blind, he claims that Dayle took advantage of the fact that he couldn't see what he was signing.
Peoples, somewhat surprisingly, says that he knew he was signing up to nookie rather than pilates lessons, adding that as he can barely walk, "sex is one of the few exercises I get to do". He sued both Dayle and the credit card company claiming that, under the Americans with Disabilities Act, the company should have provided him with a safer way of signing his credit card.
Had Peoples stuck to the pilates story he might have got somewhere, but the judge ruled that since the payments were for an illegal act his claim was invalid. He left empty handed and with a very bad credit rating
(This section is made possible courtesy of RollOnFriday.com, visit them at www.rollonfriday.com)
| admin stuff |
|as boring as the small print |
If you have any questions, comments, want to know some more on any of these topics or want to suggest a topic for discussion, please drop us a shout at info@dwp.co.za.
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Disclaimer: None of
the information in this newsletter should be taken as professional
advice. Unfortunately human error does sometimes creep in and the
printers devil also does not always keep away from the door. We can
therefore not accept any responsibility for any of the content of this
newsletter without you coming to see us first so that we can take proper
instructions from you about your circumstances and apply the necessary
legal points to your problem.
| contact us |
delport ward & pienaar
attorneys,
notaries & conveyancers
1st floor - cornerstone house
16 loop street
cape town
8001
telephone, cape town
+27-21-419.3733
telefax, general
+27-21-419.3743
telefax, conveyancing
+27-21-425.6782
telefax, collections
dept
+27-21-421.6625
telephone, london
+44-20-8133.0337
telephone, washington
dc
+1-202-657.6733
telephone, hong kong
+852-8139.7374
1st floor - cornerstone house, 16 loop street, cape town | docex 600, cpt | t, +27-21-4193733 | f, +27-21-4193743