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Thread: summons

  1. #21
    Diamond Member tec0's Avatar
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    It is a pity your year is going to end on such a crappy note. Good luck to you and keep us posted please. We can all learn from this.
    peace is a state of mind
    Disclaimer: everything written by me can be considered as fictional.

  2. #22
    Site Caretaker Dave A's Avatar
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    When it comes to Standard Bank and collections/enforcement, there is little doubt that the left hand doesn't know what the right hand is doing.

    I have been following a case involving an employee and vehicle finance. Despite going under debt administration per the NCA, and despite making all payments as instructed by the debt counsellor, the vehicle was still repossessed and sold at auction - apparently without the knowledge of Standard's Vehicle Finance department!

    There is something very about their systems when it comes to this sort of thing - a serious disconnect.

  3. #23
    Site Caretaker Dave A's Avatar
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    Look what was in my inbox from Standard Bank this morning

    Dear Directors

    Fraud is defined as 'unlawful and intentional misrepresentation which can lead to actual or potential disadvantage to another individual or group'. It is the use of fraudulent means to obtain money, assets, or other property owned or held by a financial institution, or to obtain money from bank customers by fraudulently representing a bank or financial institution.

    Unfortunately, fraud comes in many forms ranging from embezzlement to identity theft to counterfeiting, and while the list of possible incidences is exhaustive, there are certain warning signals which can indicate the occurrence of fraud. Always be aware and arm yourself with the tools and knowledge to prevent fraud happening to you and your business.

    Go to .www.standardbank.co.za/securitycentre to find out about the main forms of fraud and what you can do to prevent it!
    Just seemed a little ironic given what murdock's dealing with at the moment.

  4. #24
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    i would like to take a step back and review this issue...

    my wife was not managing her overdraft properly...because it had got tooo high for her to manage...so instead of it asssiting her it it became a bad debt...so the bank advised her that they would be reducing her limit by xxxx amount ever month....they have no surety...or any form of security against the overdraft...other wise i can bet my bottom dollar they would have already called in all the sureties...she acepted she was at fault and has been paying the amount every month for about 3 years...until about septemeber...for some reason she failed to pay one month...i dont have a problem at this point because you get into debt you must pay your dues...

    the bank contacted her and advised her that she was in the arrears by one month...she admitted guilt and paid the 1 month outstanding...at the same time paid and additional amount with was almost double the outstanding balance...she has been paying the amount agreed with the bank and on top of that amount is now also been paying almost twice the amount addtional...i still dont have a problem with this because she is honouring her debt as agreed between her and the bank...she had gone into the bank and made arangements to pay the outstanding balance and the bank agreed...settled as far as i am concerned...unless she default on payment again which she has not done to my knowledge.

    then all this kak started...now in the middle of december...months after the arrears was settled.

    she then received a (what the call centre advised) was a setion 121 registered letter dated...26 novemeber 2011with a reference number and an attorney firms details advising her that she was in the arrears and should it not be brought up to date immediately would proceed further against her...and the legal cost to her account....it is at this point that i dont understand...the account was not only up to date at this point...but ahead by a couple of months....i can still understand this letter because it might have been in the system and took some time to get to her.

    but then then the summons...this is the part i am confused about...the summons is full the full outstanding balance and not the 1 month amount.

    the section 121 letter was dated the 26 november and received and signed for in the begining of decemeber

    the summons issued by the so called sherif ...
    has a different copy of a registered letter dated the 28/10/201...which is completely different to the section 1231 registered letter she received...via registered mail...and has a full arrears due amount informing her of the interest and rate of interest.
    a summons document stamped by the registar of the court 25/11/2011
    annexure "A" dated 19/11/2011
    cost of law suit
    payment sum
    interest
    alternative relief?


    two things which concern me...

    1/ the bank denies any knowledge of the summons...and that as far as they are concerned the account is up to date...as per agreement with the bank.
    2/ at the time of all this documentation being issued the account was up to date and ahead...according to the agreement with the bank.

    i contacted the clerk of the court jhb this morning and requested advice...

    the summons is apparently legit...the fact that there are stamped signitures etc is standard practice nowdays...all the relevant documentation is attached to the summons...
    you dont have to sign the for the summons...only if you fill out the notice to defend or consent of judgement do they then take it further...


    so now that we have cleared up that matter...and i know chances are the summons is legit...the next step is to find out from standard bank why the summons was issued if they agree that the account is up todate...i am awaiting their reply


    i have been told by a person in the bank...that the bank should have contacted the attorney firm and notified them that the account was up to date...so why didnt they

  5. #25
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    i have just got off the blower with the bussiness bank manager...who has also advised me that they cannot understand why a summons has been issued as the account is up to date and also noted that there has been internal enquiries into this matter.

    i have tried on numerous occassion this morning to get hold of standard bank legal department...but the line just goes dead every time i get transfered.


    in defence...the response from STANLEY BRODKIN MADITSI...it is standard proceedure for them to issue a summons...which indicates to me that it is a bullying tatics to get people to pay up...regardless of the consequences...and if i dont like i should fill out the notice to defend and that i will be liable for all the fees and costs...another scarying tactic knowing what we all know about court cases... the only people who get rich from them are the lawyers.


    if this takes until next year this time to get to the bottom of this so it...i am so tired of attornies and companies screwing the man on the street...and we are supose to be the best protected in the world...from where i am sitting it doesnt look like it.

    and i am gona say this...if she had the attitude that the bank can go scr*w themselves and run from her problem i would have stepped down and walked away from this and left her to fight her own battle...the fact that she has made numerous attempt to resolve this issue with the bank and paid additional funds into the account to prevent it from happening again..i will support her all the way to court if i have to.

  6. #26
    Diamond Member tec0's Avatar
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    If I may, Consider going to the bank corner the manager and make him type out and sign a letter that her account to their knowledge is in order. Select to defend yourself in court. Talk to your lawyer and hand a copy of this letter in as your defence.

    Step two talk to your lawyer about a countersue and if it would be possible to report Standard bank legal division to the appropriate legal boards. Remember you are only reporting them. Not making a case against them.

    Once all is said and done, use the advice given here contact every tom dick and harry institution that is suppose to protect people against this type of thing. I am sure your lawyer will know where to start.

    Take names and numbers and make it your personal business to make sure these institutions give you full reports. When all of this is done, collect all the reports and go back to your lawyer. If he think you have a case consider a countersue upon his recommendation. “If you wish to go this far”

    Or just keep all the reports and stuff handy for “next time”

    One thing about banks they tend to be cold hearted and relentless so in my opinion repay them in kind. But this is just a thought you can do whatever you feel like doing.
    peace is a state of mind
    Disclaimer: everything written by me can be considered as fictional.

  7. #27
    Moderator IanF's Avatar
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    I agree with Teco, just one twist type up the letter before you see the bank manager with what he has told you and ask him to sign that. People are lazy so if you make it easy for them they will try and help you.
    Only stress when you can change the outcome!

  8. #28
    Site Caretaker Dave A's Avatar
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    Actually, just a letter confirming that the account is currently in good standing probably woud be enough for now. I wouldn't press for much more out of the folk at the branch as they may get windy and not give you anything at all in writing.

    Then file the intention to defend, raise the issue of jurisdiction and request that the matter be heard in Pinetown or Durban.
    Slap down the letter of good standing as part of pleadings.

    And ask for dismissal with costs payable by the plaintiff

    In terms of the original OD facility reduction agreement, how much longer before the OD facility hits zero?

  9. Thank given for this post:

    AndyD (23-Dec-11), tec0 (24-Dec-11)

  10. #29
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    the bussiness bank manager replied to me this afternoon with an apology...as she did her own investigation into the account...which is not her job as she only deals with bussiness...but advised me that the account is in order and up to date...and has personally reported the incident to the legal department and given me a reference number.

  11. Thanks given for this post:

    tec0 (24-Dec-11)

  12. #30
    Site Caretaker Dave A's Avatar
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    I really hope it works out, murdock.

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