Vehicle Repo

[helensigala]

Hi

I came across this site on google and was wondering if someone can shed some light from either personal experience or in the know how

If a vehicle repayment was in arrears however no summons was received but Mr Sheriff arrives with a court order to repo the vehicle... if the arrears have been paid up even before the sheriff arrived do you still need to hand the vehicle over?

[helensigala]

Hi does anyone have any advise ?

[Dave A]

Some previous threads on the subject.

http://www.theforumsa.co.za/forums/showthread.php/12474-Car-Repossession-rights-for-the-debtor

http://www.theforumsa.co.za/forums/showthread.php/17265-Can-they-re-possess-my-car-if-I-pay

http://www.theforumsa.co.za/forums/showthread.php/7015-Question-regarding-repossession-of-a-car

One thing I did pick up on reading through that lot - there needs to be a court order.

Here's a particularly interesting post. Seems one of the "dirty tricks" is to claim there's a court order, but get you to sign a form that says you're actually voluntarily surrendering the vehicle. Popular with tracers trying to earn a commission on achieving a repo, I guess.

[Citizen X]

Hi

I came across this site on google and was wondering if someone can shed some light from either personal experience or in the know how

If a vehicle repayment was in arrears however no summons was received but Mr Sheriff arrives with a court order to repo the vehicle... if the arrears have been paid up even before the sheriff arrived do you still need to hand the vehicle over?

I’m going to lend perspective here. Before I get straight to the point, I want to share what takes place behind the scenes, especially in a case of default judgment.
The directive to the sheriff will look something like this(I'm aware that the spacing is incorrect):

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, JOHANNESBURG

CASE NUMBER XXXXX/2017

In the matter between:XYZ BANK Plaintiff
And
Mr Oppressed Man Defendant


WARRANT OF DELIVERY OF GOODS

TO: THE SHERIFF OF THE HIGH COURT

WHEREAS in this action, the court has a decree that the mentioned defendant should deliver to the plaintiff certain:-
2015 BMW 3 Series 320i M Sport Auto

Engine number: xxxxxxGP
Chassis number: abcdefghijklmnopqrst

THIS IS TO AUTHORISE AND REQUIRE you to take the said vehicle to be found at:

11121111 Poor Street, Lenasia , 1820
OR WHEREVER THE SAME MAY BE FOUND, from the mentioned defendant, for which this shall be your warrant
AND RETURN to this court what you have done by virtue hereof

Dated at Johannesburg this 2^nd day of May 2017

Attorney for Plaintiff
Xxx
xxx
1. Suppose the vehicle costs R600 000;
2. You have paid the arrears but there is a court order that the sheriff must execute;
3. This is not your main concern, when they sell this R600 000 vehicle at auction, they may get R150 000, let’s assume that you paid R100 000 in instalments. This is R250 000 that they received from your installment and the sale in execution;
4. There is a shortfall of R350 000!!!!
5. They still entitled to collect this R350 000 from you despite the repossession.
6. So, despite the fact that you paid the arrears, as at the time judgment was granted, arrears were not paid, so sheriff was entitled to repossession as per court order;
7. However, this does not mean that you don't have recourse to the law, you can rescind judgment granted in your absence BUT you must also have a valid defence or show good cause. Always remember, in any legal proceedings there is this concept of 'costs,' so if the court doesn't find in your favour you will have to pay the costs of the plaintiff