The Citizen (KZN)

Franchisee­s break away

DISPUTE SEES 78 CASH CRUSADERS CANCEL THEIR AGREEMENTS Falling-out has led traders to operate under a new brand called Cash Xchange.

- Roy Cokayne Moneyweb

Adispute between Cash Crusaders Franchisin­g and its franchisee­s has resulted in 78 of its 150 franchisee­s cancelling their agreements and commencing trading independen­tly under the Cash Xchange brand.

The dispute was highlighte­d in a judgment handed down last week in the Western Cape High Court in Cape Town to an applicatio­n lodged by Cash Crusaders against its former franchisee­s.

It was triggered by Cash Crusaders’ move to change its suspensive security buy (SSB) transactio­ns system which are regulated by the National Credit Act (NCA).

These transactio­ns are one of the three main income streams of the franchisee­s.

The others are the sale of new goods procured and provided exclusivel­y to franchisee­s by Cash Crusaders Corporate and the purchase and sale of pre-owned products from and to the public.

At the end of the 30-day SSB transactio­n period, consumers often sought to extend their loan with the franchisee, with the extension regarded as a new rather than an extended loan, which entitled the franchisee to charge a further initiation fee.

Cash Crusaders now requires its franchisee­s to charge only a single initiation fee.

What does the law say?

Unhappy with the change in the system, the franchisee­s in September 2022 applied to the high court for declarator­y relief regarding the interpreta­tion of the NCA and whether it permitted repetitive charges of initiation fees for extended SSB transactio­ns.

Cash Crusaders opposed the applicatio­n, claiming the franchisee­s had not complied with the dispute resolution mechanism.

The franchisee­s responded by claiming that Cash Crusaders breached the franchise agreement when it introduced the changes to the SSB transactio­ns.

Cash Crusaders’ legal representa­tives denied on 19 September, 2023 any breach of the franchise agreement and proposed the referral of the dispute to arbitratio­n.

The franchisee­s did not accept this proposal and restated their

stance that Cash Crusaders was in breach of the agreement.

This led to Cash Crusaders launching an urgent applicatio­n on 28 September, 2023, seeking an interim interdict restrainin­g these franchisee­s from cancelling their franchise agreements.

This applicatio­n was pending before the court and the 10 days stipulated by the franchisee­s in their letter of 18 September, 2023 had not yet expired when the franchisee­s cancelled their franchise agreements with Cash Crusaders on 26 September, 2023.

The franchisee­s further claimed that by cancelling their contracts “the horse had bolted, and the interdict applicatio­n had become moot”.

The court interdicte­d the franchisee­s from cancelling the franchise agreements and further directed them to abide by and

comply with their obligation­s.

The franchisee­s applied for leave to appeal this court order on 4 October, 2023, claiming the court impermissi­bly exercised jurisdicti­on over the franchisee­s, thereby making the order final in effect.

This appeal was dismissed with costs on 25 October, 2023, with Cash Crusaders on the same day addressing a letter to the legal representa­tives of the franchisee­s to seek an undertakin­g that there would be compliance with the interim interdict.

The franchisee­s on 26 October, 2023 launched an applicatio­n for leave to appeal to the Supreme Court of Appeal.

Judge James Lekhuleni on Friday dismissed the Cash Crusaders applicatio­n with costs because in his view the 78 franchisee­s would suffer harm if the applicatio­n was granted.

 ?? Picture: Supplied ?? CENTRE OF ROW. The dispute was highlighte­d in a judgment handed down on Friday in the Western Cape High Court in Cape Town to an applicatio­n lodged by Cash Crusaders against its former franchisee­s.
Picture: Supplied CENTRE OF ROW. The dispute was highlighte­d in a judgment handed down on Friday in the Western Cape High Court in Cape Town to an applicatio­n lodged by Cash Crusaders against its former franchisee­s.

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