Notice of Criminal Charge.compressed (PDF)

29 May 2015

MR ASAIF HANIFF
BY EMAIL: Asaif.Haniff@za.sabmiller.com

Dear Sir,

RE: YOURSELF // S KLEYN
The above matter, as well as previous correspondence, refers.
As set out in my email (a copy whereof is annexed hereto as annexure “SK1”) dated 6 May
2015 it is evident that you committed fraud on 2 April 2015, and continued to do so, by
entering into an agreement to let an immovable property situated at 26 Zonnebloem, Sabie
Road, Bardene Ext 77, Boksburg, Gauteng to me, where you were fully aware, or ought to
have been aware of the fact that the aforesaid property was subject to a Sale of Execution
on 17 April 2015. A copy of the Notice of Sale of Execution is annexed hereto as “SK2”.

A Letter of Demand was personally served on you, service which you acknowledge receipt
of by signing of same on 7 May 2015. A copy whereof is annexed hereto as “SK3”.

You have since 7 May 2015 failed and / or refused to refund the full amount of R 12 900.00,
which is calculated at a rate of R 7 100 as deposit and R 5 800 as rental amount for May
2015. R 5 000 was refunded to me on 25 May 2015 but the remaining R 7 900 is still
outstanding.

A written agreement was entered into to have the full amount refunded

between 25 May 2015 and 29 May 2015. A copy of this agreement is annexed hereto as
“SK4”.

I would claim, as I hereby do, that you refund the outstanding amount as set out above, on
or before Saturday 30 May 2015, failing which I will most certainly proceed to report the
abovementioned fraud to the Commercial Crimes Unit, as well as lay criminal charges
against yourself at the South African Police Service; and proceed to institute action against
you to recover the aforesaid amount, at your cost.

Should you fail to do the abovementioned, I will commence forthwith with the actions and
proceedings as set out above.

Yours Faithfully,

__________________
Shaun Kleyn

SK1
Shaun Kleyn
From:
Sent:
To:
Cc:
Subject:

Shaun Kleyn
06 May 2015 02:54 PM
'Asaif Haniff - SSC'
jp@shapiro-ledwaba.co.za
RE: PHYSICAL ADDRESS

Hi Asaif,
It comes down to communication and honesty. You weren’t honest with me from the start and avoiding emails and
phone calls also reflects badly.
I’m sorry about your dilemma but it does not help me at all. I had to use 70% of my salary to cover the deposit for
the new place, on top of that I had to borrow R5000 from a family member to be able to pay the deposit in full. In
other words, I do not have money to carry me through the month due to this. The loan I had to apply for to pay you
the deposit in the first place is drawing interest and at the end of the day I need to pay the interest of that loan. I
could have settled half of it by now if you refunded me on time. Tomorrow, it will be exactly two weeks since I let
you know that I would not be purchasing the apartment. I can unfortunately not wait for payment as I am scraping
through as is.
I have really been patient enough, I have given you time, I accepted your excuses but unfortunately being nice won’t
help me through the month.
That being said, I require your work / home address in order to see you.
Also, I noticed the place was up for auction 15 days after I paid you the deposit.

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Kind regards,
Shaun Kleyn
Application Developer
Information Technology
AVIS Budget Rent a Car, South Africa
Registered Financial Services Provider

Tel :
Fax:
Cell :
E-mail :

011 387 8229
086 568 8925
076 303 3894
shaun.kleyn@avisbudget.co.za

At AVIS Budget People will always be More Important than Cars
From: Asaif Haniff - SSC [mailto:Asaif.Haniff@za.sabmiller.com]
Sent: 06 May 2015 02:28 PM
To: Shaun Kleyn
Subject: RE: PHYSICAL ADDRESS

Hi Shaun,
Just to explain,
This is exactly what transpired which I only got to know this morning, I was actually going to give you a call later to
let you know.
Shaun, this is the first time I have got caught up in this mess, if you look at my criminal record, I have got none. I am
exactly the person that you have met the day I showed you the flat. I have got a wife, I have got 2 kids and fraud and
stealing from people is not what I do neither am I person to do something like that.
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The day I returned from Newcastle, that evening, due to the so called funds being transferred into your account
from a family member, the next day I have given my cousin the money as I did receive the POP which I have
forwarded to you, my mistake I have not checked the account number which I trusted all was okay.
When you have informed me about the incorrect account number I have tried to contact my cousin several times to
let him know about the incorrect account details, I couldn’t get a hold of him at all, I assumed he had been busy and
so forth so I did not really worry about it.
This morning I have contacted his parents finding out where he is and so forth, so I explained what actually
transpired and was honest enough to tell me that over the past few months he has been involved in bad dealings
and just got him self into a mess, so when I approached him to transfer it was actually a means for him to get cash to
sort out something’s on his side, not realising what he is actually doing.
Shaun, I work for a reputable company, one of the biggest companies in SA, internationally, I would not jeopardise
my job, my career over such a small amount well that goes for any amount.
I was just feeling really crap to tell you and I honestly don’t know what to do, but I formally put it on email that I
take full responsibility for this, I am not running away or telling you I don’t want to rake up the funds and pay you, I
fully understand your situation, R13000 is a lot of money and I would of reacted same or worse if someone did that
to me.
At the end of the day, it was my mistake, my fault, my error, I accept it, I am fully aware of this.
I cant blame anyone neither do I expect you to understand, but Shaun I swear to you I am not such a person that
you think I am.
I am trying to get funds available to have it paid to you in full, we can fight, we can argue, you can open up a case
against me, but I guarantee you that it will take +- 2 years or investigations to be done. I understand the frustration
but you don’t know me but take my word on this, I will it resolved for you shortly.
Regards
From: Shaun Kleyn [mailto:Shaun.Kleyn@avisbudget.co.za]
Sent: 06 May 2015 13:59
To: Asaif Haniff - SSC
Subject: PHYSICAL ADDRESS

Please confirm your physical / work address.
Kind regards,
Shaun Kleyn
Application Developer
Information Technology
AVIS Budget Rent a Car, South Africa
Registered Financial Services Provider

Tel :
Fax:
Cell :
E-mail :

011 387 8229
086 568 8925
076 303 3894
shaun.kleyn@avisbudget.co.za

At AVIS Budget People will always be More Important than Cars

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SK2

SK3

SK4
Shaun Kleyn
FW: Fwd: Asaif Haniff

Subject:

From:"Shaun Kleyn" <shaun.kleyn@yahoo.com>
Date:Fri, 22 May, 2015 at 8:56
Subject:Fwd: Asaif Haniff

Hi Asaif.
I'm not at work today. Took the day off to get the summons and stuff sorted. I haven't issued the summons
as yet.
I accept your proposal, however, what guarantee do I have that you will keep to your side of the deal? I'd
really like to get this settled out of court. Also, if you make payment on Monday, will you request
immediate clearance?
Kind regards,
Shaun
Sent using CloudMagic
--------Forwarded message-------From: Shaun Kleyn <Shaun.Kleyn@avisbudget.co.za>
Date: Fri, May 22, 2015 at 8:45 am
Subject: Fwd: Asaif Haniff
To: Shaun.kleyn@yahoo.com <Shaun.kleyn@yahoo.com>
--------Forwarded message-------From: Asaif Haniff - SSC <Asaif.Haniff@za.sabmiller.com>
Date: Fri, May 22, 2015 at 8:03 am
Subject: Fwd: Asaif Haniff
To: Shaun Kleyn <Shaun.Kleyn@avisbudget.co.za>
Morning Shaun,
So this is how I can settle.
I have come up with an amount of R6000 which i can pay over on Monday, the
balance I wil pay you with my salary in the course of next week.
This is the best I can do, please let me know if you are in agreement with this. If you
choose to proceed with this summons and stuff, let me know.
If you are okay with what I am proposing, the payments will be made as above
mentioned.
Kindly advise.
Regards

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