A Bulawayo car importer Hoaxy Investments, which trades as
Be Forward Bulawayo has been dragged to court for allegedly defrauding the
administrator of Sethule Lodge in the city.
Be Forward Bulawayo, represented by one of its directors
Danielle Gretel Millar, allegedly swindled Mr Conrad Tshuma of US$2 686 in a
botched car deal. Mr Tshuma according to records, in February last year entered
into an agreement with Be Forward Bulawayo, which was to import a Mercedes Benz
CLK 200 on his behalf.
It was stated that Mr Tshuma saw an advertisement outside
the company premises of the company and decided to enquire.
Records indicated that he met Millar and told her the type
of car he intended to buy. Thereafter Millar is said to have told him that they
could import the car but at a landing cost of the said US$2 686.
It was also noted that Mr Tshuma was advised by Millar that
he was to pay the actual cost of the car excluding shipping costs, which was
US$470 and then settle the balance within a month.
Mr Tshuma made the initial payment of US$470 before making
various payments thereafter. After making his final instalment Mr Tshuma is
said to have signed an agreement of sale and was allegedly told that the
shipping process had begun, with the estimated arrival of the vehicle being 16
April 2019 in Durban, South Africa and would be collected from the Beitbridge
Border Post between 21 and 23 April the same year.
Mr Tshuma then started making payments for the landing fee,
where he reportedly paid US$120 as his first instalment and US$80 towards
transportation of the vehicle.
It was stated that after the estimated time lapsed Mr
Tshuma then approached Millar, who reportedly then told him that the weather in
Durban was bad and they had failed to load the vehicle into car carriers.
Mr Tshuma then made several follow-ups with Millar who then
allegedly started making various excuses, such as failing to get in touch with
her contact person in South Africa. Mr Tshuma then reportedly got in touch with
Be Forward, which indicated to him that the vehicle had been purchased by
someone else and not Millar.
It was then in May 2019 that Mr Tshuma made a cancellation
of the agreement, which Millar acknowledged receipt, however, saying she had tried to explain the delays of the
vehicle due to non-payment of commission (US$269), administration fees (US$300)
and insurance (US$206).
“We accept the cancellation and we have begun to process
your refund; we will not acknowledge the dates which you entered on your
cancellation as they do not correspond with the time period indicated on your
agreement of sale.
“As you know the amount paid is refundable after a period
of 90 days and certain deductions will be made,” read Millar’s response to Mr
Tshuma’s cancellation, provided in court records.
However, it was stated that Millar failed to live up to her
promise and a default judgment was granted in favour of Mr Tshuma.
Millar then filed an application for a rescission for the
default judgment, which was granted by Bulawayo magistrate, Miss Adeline
Mbeure. The matter is now scheduled to proceed by way of summons. Sunday News
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