Question regarding repossession of a car

[ruansmith]

Hey. I've got some questions too. My car was repossessed on 5 Feb 2013.

The week that the car was taken I tried to make 2 payments to stop them from taking the car. I was planning to do another 2 payments the next week to bring the car back up to date. The repo guy I was dealing with who took the car back refused payment and collected the car without me being at home even. He would not speak to the the finance lady at work who wanted to make payments, but he told her (and not me) that he is collecting the car the next day. I got a call early morning that someone is at my home fetching my car. My house mate basically handed my car over and can't remember if he signed anything. If the repo guy refused to speak to the finance lady then how come he is too eager to take the car from someone else? Is it even allowed?

Anyway. So I thought that I had 30 days. So I called today to get full outstanding amount with storage costs etc so I can pay as tomorrow is 30 days and the guy tells me that it's 20 working days and that the car has been auctioned. Turns out it is not sold yet when I spoke to his team leader. Waiting now to hear whether its too late or not as there's an auction tomorrow and Saturday.

My confusion lies with the fact that I have received no letters and I have not signed anything after the purchase. I live on a plot and don't receive regular mail and also there is a strike on still at the Post Office. The guy basically says that everybody is treated equally and that me living on plot is not their issue. Do the letters have to be registered and signed for? What if no letters was received? They have my email address, but no emails! If I had known that they were planning to auction the car this week I would have called earlier. Apparently they also only call one time after they have the car back.

What is your thoughts and advice?

[Darkangelyaya]

1. Get a tougher housemate;
2. I'm sorry about your car - can you pay the outstanding money tomorrow? That may be your only hope. NB! Only a sheriff or his official deputy may enforce a court order, sounds like the collector saw you coming.
Good luck!

[Dave A]

Reading Ruan's story, I couldn't help but think some folks in that food chain were not prepared to lose their fee.

[sterne.law@gmail.com]

A brief, very brief outline, of how it is supposed to work.
If you fall into arrears you must be sent a section 129 notice. There are conflciting intepretations of a constitutional judgement regarding delivery of said notice. The conflcit is must consumer actually receive, in his hands, the other is, is teh fact that it got to the post office sufficient. The various regions have followed differnet routes.
Pursunat thereto summons and teh normal legal routes. The creditor can then get an attahcment of teh vehicle and teh sheriff will arrive.

The other circumstance, which is what I suspect occurred, is the debt collection agency. They hav eno powers to remove your vehicle, or any asset. [A court order is required, and the sheriff is the kind chap who arrives with this order, not the debt collection agency.]
What can happen, is that a creditor may agree to a voluntary surrender, where the debtor hands back the goods, the creditior sells it as soon as possible and for the best price [hmmm]
The key is VOLUNTARY, the collecters however, being well aware, due to the past laws, that many people believe that a car, in particular, can just be taken, get intimidated and bullied, and allow the guy to take it. They of course get the person to sign the voluntary release, normally worded carefully, to make as if they have no choice and it will be good for credit etc, etc

What can you do
You can bring an immediate application for a spoliation order - this will bring about the return of the vehicle.[There are conflciting court pratcices with regard to if the application can be brought ex parte and if it can be on an urgent basis or if the normal procedures must follow]
If an auction is going to happen soon, then you need to bring an urgent application for an interdict to halt the process.
If there was a court order you will have to seek a rescision of judgement

You should contact the bank direct, not collection agencies and try and resolve.
You probably need a lawyer which costs money. Time is against you, so the law soceity may be out.
Depending on your income, you may qualify for probono via some of the NGO's

You still have a remedy if the auction proceeds, but in the interim you would be without a vehicle which is a huge problem.