Can someone advise me please. Was retrenched 2 years ago but started new job this month. Am behind with 2 vehicle installments. Handed over to debt collector who phoned me and said I have four days to pay half of arrears, otherwise bank is sending someone to collect car. If I understand correctly, when they do that they must have an official court order with them to do this. Is that correct and what can I do since I can only pay by 15/05 and not in 4 days time. Please help!!
Found the answer on the Ombudsman for Banking services website. You must first be sent a letter from the bank in terms of section 129 of the NCA advising you that you are in arrears and what the options are. A court will not grant judgment against you if the bank cannot show that a letter was sent to you. Further your vehicle can only be repossesed with a court order or with your consent. To save legal costs banks will first try to obtain your consent to repossess the vehicle. If you voluntarily surrender the vehicle a form or agreement for you to sign must be given to you in terms of section 127 (1) (a) to prove that you are surrendering the vehicle voluntarily. When in the bank's possession within 10 days they must send you a letter stating the value for which the vehicle can be sold and you are granted 10 days from receiving the letter to pay the arrears in which case the vehicle must be released back to you.
Dave A (06-May-12)
If I am not mistaken you are given 30 working days to appeal before the bank can do anything with the car? "That is after they took it" I stand to be corrected on this but most of the time the people are not aware of the procedures thus they don’t take action to protect themselves.
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Hi
My husband was retrenched last year and the car was repossessed and it was auctioned. If he finds a job is he owing a bank anything? If he is owing the bank will the bank be able to deduct money from his bank account since they have his banking details without his permission?
If the banking account is with the same bank as the vehicle finance, it might be a good idea to open a bank account at another bank and using that for future income.
It would also be a good idea to check up your credit record which might contain details of the current status of the vehicle finance account.
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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?
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!
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Reading Ruan's story, I couldn't help but think some folks in that food chain were not prepared to lose their fee.
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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.
Anthony Sterne
www.acumenholdings.co.za
DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.
anon (15-May-13)
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