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Actress Terry Pheto in trouble as she fails to pay R500,000 debt

A heated court battle involving acclaimed actress Terry Pheto and children's toys shop Greenbean Learning Resources for more than R500 000 that was allegedly given to her and a business associate four years ago is gradually emerging in the Johannesburg High Court.

In September of last year, the retailer filed two claims in the same court, alleging that Pheto and another well-known actress, as well as her friend Mampho Brescia, had refused to honor an agreement to repay amounts of R485 856.88 and R163 348.08, which were start-up costs for a company called Let's Learn Toys.

However, the actress claims that she is prepared to defend herself.

“The claims are frivolous and vexatious in their entirety, and we are defending them. To these claims, we have a very strong and unassailable defense. “Our lawyer is handling the situation,” she stated.

In April, the Academy Award-winning actress filed a notice to defend the claim, disputing the amounts and forcing the case to be rescheduled for a hearing at the same court on an undetermined date.

Pheto and Brescia are in violation of an oral and partly written agreement entered into in May 2017, according to the combined summons filed by Greenbean Learning Resources.

"The plaintiff would pay the advance in installments as and when the company required, and these payments would either be made directly to the defendants [Pheto and Brescia] for use in the company, or the plaintiff would pay a supplier or vendor on behalf of the company at the defendants' special instance request."

The summons stated, "Greenbean Learning Resources would provide the two with stock on consignment, which the company would sell on Takealot on their behalf."

According to the court documents, the agreement stated that the proceeds from the consignment sales would be used to reimburse the retailer.

"Alternatively, the company [Let's Learn Toys] failed and/or refused to pay Greenbean Learning Resources despite the consignment of products having been sold by the duo."

According to the papers, Pheto and Brescia disputed the existence of a contract between them.

According to a sworn affidavit filed by Greenbean Learning Resources CEO Lesley Kekana, the company has documents and invoices in its possession that prove the existence of a written agreement.

Pheto used a special plea affidavit to contest the validity of the documents, which were mostly invoices.

"Because the plaintiff and defendants did not reach an agreement, there was no material... The plaintiff never gave the defendants any money in advance.

"The defendants deny asking the plaintiff to make payments to suppliers on behalf of the corporation...

Her responding plea states, "The plaintiff has not given the defendants with any consignment of products to sell on behalf of the company on Takealot."

The Johannesburg-based shop, according to Pheto, had failed to present proof of the loan agreement.

She requested that the court dismiss the case with costs.– Citypress



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