summons

**AndyD** · 21-Dec-11, 09:08 PM

Completely ingoring the ethics which have already been summed up by others, just be very careful, if they have summonsed you and you don't show at the court then they will walk away with a summary judgement. You're life is going to be a lot more miserable if this happens, once they have their judgement it's payday for them, like it or not.

**Dave A** · 22-Dec-11, 08:00 AM

Originally Posted by AndyD

if they have summonsed you and you don't show at the court then they will walk away with a summary judgement.

I suspect you intended a default judgement, but I agree with your point - you definitely need to make sure it is not a valid summons.

Of course in this instance, if it is a valid summons, it puts the phone call that said it isn't a genuine summons into a different light. It might be argued they're trying to trick you into not showing up - grounds for an application for recission for sure.

**SilverNodashi** · 22-Dec-11, 11:13 AM

I'd like to see the outcome of this as well. It's about time we take action against banks and other such institutions who (literally) get away with murder due to their unlawful practices.

**AndyD** · 22-Dec-11, 12:14 PM

Originally Posted by Dave A

I suspect you intended a default judgement, but I agree with your point - you definitely need to make sure it is not a valid summons.

Of course in this instance, if it is a valid summons, it puts the phone call that said it isn't a genuine summons into a different light. It might be argued they're trying to trick you into not showing up - grounds for an application for recission for sure.

Sorry Dave you're right, I meant default judgement. I don't trust these kinda people as far as I could throw then and this is exactly the kind of dirty tricks they'll use to keep you away from the court if they think they can get away with it. Once this happens it's pretty much game set and match.

**Blurock** · 22-Dec-11, 01:05 PM

Originally Posted by IanF

Murdock
That is totally unacceptable. I would contact the law society and register a complaint about the unprofessional behavior. Then contact the banking ombudsman. and complain about Standard Bank.

This is criminal. I am sure there must be a penalty for quoting a false case number. Also do report Standard bank and these monkeys they make use of to the Financial Services Board. http://www.fsb.co.za/ as well as the Banking Association SA http://www.banking.org.za/

**Sparks** · 22-Dec-11, 10:05 PM

Not so sure SB has anything to do with it, this time. They were quick to say it was ahead. I reckon it could be an employee passing details to a pal with a PC trying to rip, possibly gullible, clients off.

**murdock** · 22-Dec-11, 11:01 PM

i quote from a registered letter we have just recieved dated the """26 november 2011"""" the one month outstanding balance and an additional amount of twice the outstanding was already paid 2 months prior to this registered letter...which means effectively the account was ahead by 4 months...at the time this letter was sent.

"we regret to advise you that the .....account has fallen into arrears.........we have been instructed to proceed further against you,.......

we therefore urge you to contact our offices to make suitable payment arrangements as soon as possible, failing which we will proceed against you which "MAY" result in JUDGEMENT being taken against you and / or the SHERIFF of the COURT attending your RESIDENTIAL or EMPLOYMENT address in oder to execute judgement obtained......................."

**tec0** · 22-Dec-11, 11:29 PM

If you have the paper work to beck yourself up, why allow this kind of abuse? One thing I don’t get the account was 4 months ahead and your wife missed 1 payment “meaning she was 3 months ahead still” or am I missing something?

Also did you speak to the manager in person what did he/she had to say about all of this?

**murdock** · 22-Dec-11, 11:48 PM

i have spoken to my bussiness bank manager and she has spoken to her branch manager...who did a check on the account to verify that the accounts wasnt maybe in an arrears from another time...no indication...from the search carried out....or should i say nothing the managers could identify.

i need to verify the summons before i make any further comments...i have noted another thread with regards to summons...so i plan on taking another look at the summons to verify some info.

you have to be so careful with these people...my mate has been going thru a rather challenging time...he got a call from his mate who enquired about his house for sale in the newspaper...sale of excusion...but he had failed to keep up with his payment agreement and made no attempt to pay the outstanding balances...so i can understand why he lost his house.

unfortunatetly i have been busy trying to complete some out standing projects...and with staff on leave i have to work on site myself...at least one good thing has come from me being on site...i have managed to secure enough work to keep me busy for the next 6 months to a year.

**murdock** · 22-Dec-11, 11:57 PM

Originally Posted by tec0

If you have the paper work to beck yourself up, why allow this kind of abuse? One thing I don’t get the account was 4 months ahead and your wife missed 1 payment “meaning she was 3 months ahead still” or am I missing something?

Also did you speak to the manager in person what did he/she had to say about all of this?

no...she got behind with 1 payment...the bank contacted her...then made 1 payment to get it up to date...and at the same time paid an addtional amount over and above the outstanding amount...and since the incident...she has paid more than twice the amount every month.

and yes i have spoken to my bussiness bank manager and she has contacted her branch manager...who indicated they cannot understand why the summons was issued as the account is more than up to date and has been for a couple if months...

when i enquired at the attorney firm about this...i wa told by the call centre clerk that it was because the account was more than 3 month in the arrears...but still todate cannot give me proof...i was then transfered to the call centre manager who advised me that this is not the case...and that the summons was standard procedure for any outstanding amount no matter whether is was 1 month or 4 months.

another issue which has come to light...my wife has also sent numerous emails to this attorney firm indicating that the outstanding amount was paid in full including an addtional amount...and the bank manger had also contacted them after she had spoken to the bank about the problem...a couple of months ago.