Car repossession by non sheriffs is illegal

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They Want Your Car- Now What?

Recently you will have seen people are talking about tracking and car repossession agents who are driving around in vehicles with licence plate scanning technology who try to repossess peoples cars. They only do so when instructed to do so by their computer system. Normally this would be were a consumer has missed payments on their vehicle. Perhaps you have had a collections agent call at your home or work and say that the bank has given them instructions to collect the car.

wesbank

 

Some consumers are reporting that some of these cars are fitted with blue flashing lights making it seem as if the driver is a policeman. Banks, such as Wesbank ,say that this would be illegal and they are investigating claims that agents they have contracted have been using such car repossession methods. At one stage, Wesbank were recovering 90 cars a month through such agents.

 

 

 

If pulled over and your payments are behind, do you HAVE to hand the car over?

car scanner

Sheriffs and traffic experts say the recovery of vehicles by anyone who is not a sheriff of the court or a police officer is “illegal“. Also it is illegal for vehicles to be pulled off the road by anyone other than a police officer. It is, of course, impossible to identify a plainclothes officer so this would mean that the officer would have to be in uniform to be easily identifiable. This means that you do not have to give your car to an unidentified stranger or collections agent.

 

What if they have a court order?

What though if someone hands you an official looking court document and says that this means you have to give them the car? Well, don’t believe everything you read. Are you sure that what you are seeing is a warrant which says that a sheriff can come collect your car? Maybe it is just a draft document that the collections attorneys have made up and still intend to send to court but have not done so yet. According to an insider leak it has been reported that some unscrupulous collection agents may be printing out court orders (in their vehicles) and presenting them to consumers. Even if they did have a legitimate court order/ warrant it is interesting to note that the driver does not have to hand the vehicle over unless it is presented by a sheriff of the court.

Howard Dembovsky, of the Justice Project South Africa, said that not only do any court orders have to be delivered by a sheriff, they must be the “original” and must have the “stamp of the court”. Otherwise they carry no weight.

As such, if approached by anyone with a court order it would be best to check any documentation they have very closely. It might also be appropriate to ask them to accompany you to a local police station to sign an affidavit that they are a sheriff of the court (or at least to get the cops to check their credentials for you) and that the court order is correct. Should they refuse to do so then they may not be legitimate. All sheriffs of the court carry clear identification. It might also be appropriate to record the encounter on your cell phone.

Remember you do not have to hand your car over even if late on your payments unless it is a sheriff of the court with an original court order.

If a collections agent comes to you demanding the car, you do not have to give it over. You can insist that the creditor take things to the next level and send you a “Section 129” letter. This is a letter which says they will be taking you to court if you don’t go into debt review or catch up payments within 10 days. This letter gives you time to either get professional debt help and protection or make a catch up payment. If you want to know how debt review works and how it protects your assets have a look here: How Debt Review Works

 

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A Summons

After the 10 days they may then send you a summons. Don’t Panic. You are allowed to defend the summons. This involves submitting papers at the court to say you are defending the mater. This can be tricky and needs to be done within a short time period. Don’t delay. If you are not sure how to make up the papers you need to drop at the registrar of the courts office then you can either ask the attorneys who sent you the summons (strange but they might help) or an attorney or debt counsellor. This may cost you a little bit of money but will be worth it.

Going to Court

This will gain you more time to sort out the shortfall and catch up on payments during this time. Alternatively it will give you a chance to go to court on the day (the collections attorneys will then want to argue that you have no defense and are wasting the courts time in wanting it to go to a full court case). If you have been making the creditor written offers (not just on the phone but in writing) and have been making payments to catch up this will help a lot when you go to court. Have all the proof of the offers and the catch up payments as well as proof that you will be able to set the account right within a very short time and the court will probably give you the time to do so.

 

Looking for a Debt Counsellor in your Area?

Send us an email: GET HELP NOW

 

 

DON’T JUST HAND THE KEYS TO A STRANGER!

DEAL ONLY WITH A SHERIFF OF THE COURT WITH IDENTIFICATION AND THE RIGHT PAPERS.

FIGHT TO KEEP YOUR CAR!

 

 

435 comments on “Car repossession by non sheriffs is illegal

  1. My car is only two months in arrears and already absa wants to repossess my car. I am trying my best to get the vehicle up to date. The official from the bank wants me to surrender the vehicle. I need this vehicle to generate an income to be able to pay my debt. I will wait for the court order..hopefulle by that time my car will be paid up

    • You do not have to hand the car over until a sheriff of the court arrives with the court order. Remember you can also attend court when they send the summons to ask the judge to assist (especially if you have sent them offers in writing before hand)

      Do try to get those payments up to date or you could end up without the car.

      Speak to a debt Counsellor for some free advice.

      • My girls car got repossessed….I think, there is no report at the bank or the police station and this was days ago I filled a police report we are a few months behind can they legally come get the car and hide it with no police report can i sue for theft!?

        • Hi Evan,
          You may well have been scammed.
          If the collections guys/thieves never showed you a stamped granted court order / warrant for the goods then you have a problem. You may have simply given it to someone who found out you were a few months behind.
          Alternatively you may have given it to a cunning collections agent who simply convinced you to hand the car over.
          It is hard to know.

      • Good the banks phoned my mom to say they sending out a lady to collect my vehicle. My moms car and my car is on her account. She’s not working took early tirement so she payed her installment but not full amount. I’ve been paying my car but they put my payment ans put on her car installation. Now she owes R9000.I will make a deposit of R1000 tomorrow and the rest by Fri this week.Can they still take my car?Also can the banks take my car without the Sheriff of the court or with the court order that’s signed and stamped by them?Please advise

        • Only a sheriff of the court with a stamped and signed granted court order (with all your details) can take the car.
          The only other way they can get it is if they trick you into handing it over.

          Just say No

    • Hi can you tell me what was the outcome, as ABSA is ruthless and don’t give a person grace at all, I only owe them R8500 in arrears and don’t want to give me time till my wife’s provident fund pays out in the week.

      What can I do, as the/ABSA is ruthless.
      And what happens if I pay it in the week, whilst they/ABSA file for a court order to repossess my car, and its up to date, can they still repossess my car ?

      • Once there are no arrears there is no case…
        Summonses and court orders take a while. Normally it is collections agents trying to get commission for collecting a car who pressure you not the bank itself.

          • Tell them to go away.
            Video it on your phone.

            Ask them to send you written correspondence and not phone calls or visits.

            DO not sign anything!
            Do not give them your keys unless you want to say good bye to the car!

        • Hi I owe two months installments on my car and the collectors keep coming to the office asking for the car, now they told me they are going to get a court order .Would the sheriff of the court make the court order to collect my car for owing two months installments??

          • It could happen.
            Normally they try trick you into handing over the car yourself – cause that is much, much cheaper for them.

            The important thing is to make sure that the bank has your correct domicilium address (where you live) on their system so that if they do send you anything legal and official (not just collections agents) you have the chance to go to court and tell a judge that you will catch up payments.

            Have you moved since you first bought the car?

  2. My car was in arrears with wesbank, brought the payment up to date in February this year by paying R80000.00, I ws told that all legal action had stopped. I am only owing R51000.00 now and missed 2 payments again. I was approached at a shopping centre yesterday, with a copy of a court order dated April 2013, by a sheriff and wesbank tracer. I refused to had over my car, they telling them to follow me to the police station but they refused, they then called a tow truck, of which when the driver arrived I told him not to touch my car as the documents I felt were incorrect, and I wanted to go to the police station he verbally abused me and swore at me and they forcefully removed my car from my possession is that legal what can I do to right what I feel is a total injustice?

  3. I feel the same “pain”. Two months behind. The “agent” just rocked up at my door and demanded the vehicle. In the mean time I have paid the arrears but am questioning all the other fees and requested a detailed statement! Times are tough and the institutions dont really bother following rules….Its frustrating!

  4. I am 2 months behind on my car and had a call from a collection agent telling my he is collecting my car tomorrow…..I still made a payment end of June, on what grounds can he do that, what do can must he present to me.

    • They cannot just come and take it.

      Before anyone can take your car they need to have sent you a summons and let you go with to court to defend the matter. They then will get a court order and then a warrant.

      Bottom line is only a sheriff of the court with a stamped court order can take the car.

      The only way someone else can take the car is if the trick you into giving them the car. If you give them the keys then they have permission. So…rather don’t give them permission. Just refuse.

      If they claim they are a “sheriff of the court” then ask them to come with you to the local police station to ask a policemen to verify their official identification. Insist on this.

      Also make sure if it is a genuine sherif that you film/photograph them and their identification (on your phone).

      Otherwise beware of just giving your car to a stranger who says they have permission from the bank or work for the bank. No matter what papers they have.

      Rather ask them to send the sheriff of the court with a court order (where you went to court to talk to the judge about it).

  5. Good day. I Have a problem that leaves me hopeless. My uncle has a vehicle thats on finance with Wesbank. I was using the vehicle and paying for the installments. There was an arrears of R9000 which I brought up to date on monday 28th july 2014. Two guys that were dressed in black suits came to my work place on friday the 1 August 2014 stating that they were from wesbank. They said that they were instructed to pick up the vehicle and take it to Burchmores Car auction centre. After arguing they demanded for the vehicle, I then gave the keys and signed a form to saying that the vehicle is going to burchmores. An hour later i went to burchmores . The vehicle couldnt be found there. I then called wesbank to check were the vehicle had gone, about an hour later they said that they did not instruct anyone to pick up the vehicle. So my vehicle seems to be stolen. I cant get a case number from the police station because wesbank has not given me a letter in writing to say that they have not instructed anyone to pick the vehicle . Tracker cant do anything to locate the vehicle because they need the case number from the police. This is so frustrating, What do I Do? Please help me

    • That is terrible.
      You need to force the cops to help.
      Just because wesbank wont give a letter does not mean that you can’t report it.

      Go back to the cops and try again (maybe a different station). Keep the story brief and get that case number.
      The problem is if you give someone the keys to a car willingly are they “stealing” it…. It may be fraud (but in truth theft).

      Have you been back to Burchmores recently?

  6. Good day, I also had an issue last night with collectors coming to my house at 9:00pm wanting to repossess my car. My car is 2 months in arrears. I had already called the bank to tell them I will be paying my arrears on the 10th. They said they were from MFC and they were send by debt collector to get my car, when I asked for a court order they told me how expensive it will be for me to involve the sheriff of the court. They even threatened me that if I don’t make the payment today they will come back during midnight to take the car. I still refused to give them the car and eventually they left. Why would MFC send collectors to get the car when I have made a payment arrangement and how long does it take for them to get the court order if they are already threatening to come back today?

    • You did the right thing.
      Do not give your car to anyone who is not a sheriff of the court (with identification).

      Getting a court order is a long story and you can go to court to defend the matter and tell a judge about the arrangement.

      • Why not talk to your local Debt Counsellor and get some advice? Take all papers and info with and they will probably be able to point you in the right direction.

  7. My vehicle has an amount outstanding from a couple of months ago, but since the I have been paying every monthly instalment. The original instalment was R 3 500. After a little financial hiccup last year we arranged with ABSA to pay R 4 000 per month to catch up the arrears amount. After this we were able to so we kept paying the same amount.
    We no ran into some troubles for about 2 months but were able to pay the monthly instalments, just struggling to get the outstanding months paid. We did however tell them that we would pay of weekly amounts of between R 500 & R 1000. Now “ABSA’s Attorney wants me to willingly hand over the car to him if I don’t pay the full amount of the car….+/- R 140 000… What can I do?

    If they get the sheriff of the court to take my car does this then constitute a judgement against my name?

    • You do not have to give them the car. No matter what they demand or threaten.

      You still have lots of time to sort out the matter and bring the account up to date.

      Even if/when you get a proper summons (which takes a while), delivered properly to your home then before the court case you can bring the account up to date and the summons is then irrelevant and falls away.
      If you are unable to pay the full amount they ask for in the summons (not the silly letters or demands some attorney is making) then you can go to court and appear to ask for an arrangement to be made (not always successful) and show the offers you have made via email/in writing to them to bring the account up to date. (don’t just agree to stuff over the phone. Make a written record and if they tell you things then mail them with a written confirmation of what they said and save a copy of the read receipts.

      Also be aware that the courts are about to close for the end of the year…giving you even more time…

      Do not give anyone the car!

      If they eventually do get a judgement against your name because you can’t pay only then can they send a proper official sheriff of the court to take the car (after they get permission to do that from the court).

      So don’t just give anyone your car.
      You still have time to bring the account up to date.

      Make written offers and keep records of your offers.

  8. I purchased a vehicle in April 2014 this year from Weiss VW stamfordhill road. The very following weeks I started to have oil leak, turbo problems and a vibration as soon as you drive over 80kms. When I contacted the dealer, they referred me to Dekra AA as I was told “since they carried out the roadworthy inspection test, they are liable”. Being kind I took the vehicle there. The vehicle stayed there for 5 days and they had stated that the oil leak was from the turbo and that they had fixed it. Thereafter the car went for a further two days to a tyre company as apparently the four rims were buckled. When we brought the car back, everything seemed to work for a simple 2-3 days. Thereafter the oil leaks started again. Upon asking for the COR and turbo repair certificates/invoices, I was told it is unattainable as their systems crashed at Dekra AA. When I contacted the dealer they asked me to go back to Dekra AA again. Dekra AA said this was another fault but weiss vw refused to give the go ahead to have the repaired. Ever since I’ve had endless problems. I’ve notified the dealer principle and all he said was that the car is under a warranty plan and that I ( the client) should make the necessary arrangements to have the vehicle fixed. I finally booked the car with audi and upon diagnostics, when the service adviser contacted the warranty department, they said that the car had to be mechanically broken down and the warranty didn’t cover oil leaks. I had to invest R1140 just for this diagnostics. Audi did quote me R38000 to repair the vehicle. Another engineer had advised me that the turbo is still damaged and Dekra AA had just placed a pipe and two clamps on the turbo which was not mechanically right. To date I am utilizing 2 pints of oil should I need to go out besides filling petrol. The car smokes very badly. Through all this of going back and forth with weiss vw, I decided not to pay for the vehicle as they were not keeping up to their side of the deal of selling me an excellent car with no defects. Their service level is pathetic and since I have only paid R2400 towards the installments. I am so fed up of MFC and weiss VW. This dealer won’t help and the reason is because mfc have already paid them. I contacted mfc who were going to assist me get my car sorted initially, then they sent me a letter stating that it is between the dealer and myself. Mfc asked a person from beveers to contact me regarding collection of the vehicle and soon as I explained why I had not paid, he backed off. Now they have another person from WJ legal contacting me wanting to take the car away. Yesterday he arrived at my home with a tow truck but unfortunately I was at work. I did say to him prior on the telephone that I would not hand over the vehicle and he threatened that he would get a court order. After reading this site I am so glad as I am not the only one with the same agony. A family friend of ours who is an ex-prosecutor advised that I should wait for the summons first. Please advise me whether a court order can just be granted or must summons be issued first.

    • They have to notify you of legal action at the address you gave them as your “domicilium” address.
      You then have the right to defend that action.

      The problem is if a sheriff of the court shows up (a genuine sheriff not some wanna be) with ID and proof and has all the correct papers from a court (legit papers stamped and dated etc) then…you have a problem.Sometimes creditors can be sneaky and try go to a court far from you and send documents to old addresses.
      Make sure they have your current address.

      Send them an updated address and keep proof that they got it if you do move anytime soon.

      • what if indeed they have been sneaky? They sent all communication to my old address. (I also did not update them of new address) But tracers did come to new address and we refused with vehicle. We were communicating through email all the time but they never once mentioned the Section 129 letter on email but chose to quietly send it to old address. There should something we can stand on on this regard right? they did not have our best interests at heart I feel because if we know about debt review we would have taken that direction. There is a court order now and judgement. But i honestly feel they were sneaky. Do feelings and alleged sneakiness stand in court ?

        • In your contract you signed with them, you promised to notify them of any move. This is a contract condition you broke when you moved and did not write to them.
          Their sneakiness may have followed after that point. The court would be interested to see if you stuck to the contract BEFORE they got sneaky.

  9. Good day

    I have recently handed over my vehicle to gentleman whom i believe is a sheriff of the court.
    in 2013-09 I applied for debt review with ADCAP, and apparently my vehicle was not paid from then because ADCAP did not have the correct account number. I had moved jobs and cities so I never recieved the summons if any was issued. so what I need help is what can I do to rectify this, and where can I get help. I only found out about this when the bank called me in september this year, and I asked ADCAP to rectify this but between them and the bank kept hearing different stories. ADCAP saying the Bank was contacted and asked to provide the correct account details, and the bank saying the account was placed under debt review but then later removed due to non payment. The bank says that I would have settle the account for me to get my car back.
    I am now left without a car and possibly a judgement against my name, I feel a system to was suppose to assist me has actually left me in a worse situation than I was in.

    • Thanks for contacting us.
      If you were happy to hand over the vehicle because you saw the sheriffs ID etc then you did the “legal” thing. It is always a good idea to ask to film the sheriff identifying himself on your phone these days incase it later comes out that it is not a sheriff or someone with fake credentials (it happens). Another avenue is to offer to hand over the car at a police station.

      So it seems some mistakes were made:
      1)the wrong account number.
      This does happen from time to time and as seen the bank will provide the correct details and often that will sort things out …if they have not gone so far (repossession).
      It may be that the bank itself gave the wrong account number or it may be a data capturing error or the bank may have changed account numbers when it was handed to legal (silly practice that most banks now have changed).
      This is an important reason why consumers need to draw a statement from the bank about 2 weeks after the court order is granted to check (or sooner).

      2) many consumers don’t update the bank as to changes of address. It comes back to haunt you (as you have seen in this case).

      3) the legal route may be needed to sort this mess out and rescind the judgement and have the account put back into debt review (away from the legal dept). There will be costs involved.

      As to settling the arrears before getting the car back…that is a common request.
      At this point you will have to coordinate with ADCAP and see what is the most affordable option and best option in regard to transport etc.
      It will be a battle.

      The system (if it is debt review you are referring to) has helped. In all likelihood if you were behind on payments when entering debt review then judgements would have been forthcoming a while back and then EAOs or garnishee orders which would have reduced your ability to pay for the car and then because of the incorrect domicilium address the summons would have come and gone and the vehicle been repossessed a while back. The only big difference is that within the debt review system at least you now have legal recourse to fight the matter and help in doing so from ADCAP.

      Sadly these things do happen. The banks debt review departments want to make a plan but the legal department want to tick a box and get an attorney to issue summons and ask for summary judgement. After all it is the credit providers who are taking legal action here not the Debt Counsellor. Unfortunately the Debt Counsellor can only take matters to the courts. They have all the power not the DC themselves. The DC can negotiate and arrange but ultimately the Courts are in charge.

      Let’s hope that once the banks see your determination to fight at court level they make a plan to get the vehicle back.

      Please keep us posted on progress in this matter.

      • My situation is similar. I was under debt review and only after 3 months i noticed that my arrears have gotten worse since the debt review company has not been paying my accounts. So i decided to pay wesbank again. I 1st tried to negotiate with them if i can pay the arrears in instalments they refused. I gof sick because i was pregnant and got admitted. I have paid half of my arrears and the called me to say a sherrif needs to collect the car. I again asked the lady that i want to settle the arrears she said i must not bother paying the account anymore. They want the full outstanding amount or the vehicle. Im confused on what i should do

        • It is a pity that you made the mistake of dropping out of the protection of the debt review (even though you saw the balance shift – which always happens – month 1 Debt Counsellors fees, month 2 legal fees and month 3 payment for reckless credit investigation and money to the credit providers). Perhaps you did not fully understand the repayment plan that was going to be sent to the court. Anyway, since that happened and you are now being pestered by the credit provider and their collections agents.

          1) you do not have to give anyone your car. They can go to court and you can fight about it there if you want to.
          2) You can pay up the arrears at any time and they will then legally have to leave you alone (if they don’t they can get into trouble)
          3) If/when they summons you, you MUSt go to court and defend the matter and explain to a judge and see what they say. Make sure the bank has your current address so they can send you any legal documents to the right address. That way you can go defend the matter (you can even ask the collections attorneys how to defend the matter if you can’t afford an attorney).
          4) The collections people want commission. The more you pay the more commission they get. Remember that. They also want to try get the car since they get a nice commission for that. If you remember this you will understand why they don’t actually encourage you to pay the arrears (which you should do).

  10. Hi I am behind 2 months on my car payments to Wesbank…the total outstanding is R9000, due to me losing my job and being out of work for 2 months and I have been paying my monthly instalments as well. I contacted Wesbank today to make a new arrangement. The lady in collection solutions now tells me that because I didn’t honour my previous arrangements they have already sent a letters out for the car to be repossessed. Can they do that?

    • They can and will do such things.

      Remember though they have to send a summons not just a letter to demand the car.
      They cannot take the car until their has been action at court. You can go to court and show the court proof of your arrangment.

      Have you asked them to claim on your insurance on the car (if insured through them) for your repayments since you have been retrenched.
      The insurance may cover several months payments (if you claim within the time allowed).

      Call them again and ask about this.

      Remember never give your car to anyone who is not a sheriff of the court with a signed and stamped judgment from a court (which you should have been notified about and been able to go to to defend).
      Even if the sheriff does come take a picture of him and his ID as a sheriff as well as ask for copies of the court documents and suggest that you hand over the vehicle at your local police station in front of witnesses.
      Even better if you video them.

  11. Our car was reposed on Monday our instalment are R 14 000 in arrears , Collection Solutions sended a tracer to take the car . The tracer confirmed we have 15 days to pay the arrears amount plus R 480 storage fees but he will try and arrange with Wesbank to only pay 70% and the rest with out monthly debit order . When my husband phoned Wesbank today to find out what amount should be paid , the lady confirmed R 25 000 . Please help why would the tracer confirm a different amount than Wesbank surely he should give you the correct details ?? There were no court order .

    • Sadly this is because the person you gave the car to had the simple job of getting you to give them the car without a fight or without any legal action. They are told to do so by any means necessary…
      Unfortunately once you have done so (voluntarily handed over the car) the bank now have all the power and you are stuck dealing with the bank’s attorneys.

      For others reading these comments please note that you never have to hand over a car (unless you want to) to anyone other than a sheriff of the court with a GRANTED COURT ORDER and with proper identification.

      If you ever do decide to hand over a car to be auctioned off then be sure to record (on your phone) any offers or promises made.

  12. How long does it usually take them to get the legal documents, I have a tracker trying to take my car and I have avoided him as much as possible so far I just need to know more or less how much time I have as if I loose my car before I get another one which will only be in 2 weeks I will loose my job and children

    • It can take weeks or even months.
      You do not have to give a car to a tracker no matter what they tell you.
      Even if they show up with a summons or even a judgement you do not have to hand it over.

      Only a sheriff of the court with ID and proper papers can demand a vehicle from you.

      JUST SAY NO.

      in the mean time go to a debt counsellor quickly!

      • Hi I am just about R1159 IN ARREARS AND this month only paid a R1000 and next I’m gone pay another R1000 I did make arragement to pay 2500 but could not this mont but I am paying R2000 CAN THEY COME TAKE THE CAR

        • They can come and ask…if you then generously (or perhaps foolishly) decide to just give them the car (say bye bye) because they said they want it and MUST collect it, then they can take it without going to court (and the long time it takes to do that).
          You don’t have to though. In fact if you do you will probably lose the car and never get it back even if they say it is just to store the car so long…(careful).

          If you tell them: No you can’t have the car then they need to go the long legal route and you can defend the matter and catch up payments in the mean time.

  13. Mine is different issue. I got a car from private individual on condition to build his house at cost of R60,000.00. The house was not build becoz the City refused the plan. He is a mechanic also. I gave him my truck to fix plus R17,000.00 but he failed. Later he told me I can buy the car in exchange of my truck, R17k plus balance of R30k. We agreed I shud pay him in DEc, Jan, Feb and Mar. I could not manage pay him in Dec Jan and he came to repossess the car. What shud I do? I am yet to get my truck, R17k refuses to pay saying is part of wear and tear? Or can I have right to get the car back?

  14. I am in arrears with Wesbank the amount is relatively large and I have received a summons. I am trying to catch up with the arrears. Also can Wesbank refuse to accept any offers I make to settle the arrears?

    I am trying to make R10 000 extra per month payments to reduce the arrears plus my normal payments?

    • If you have received a summons and dont have agreement from wesbank then you need to go to court. You have to or they will get permission to take the car. If you have proof of your offer and extra payments then the court may not grant summary judgement or the attorneys may accept the payment offer. Do not ignore the summons!

  15. I have been in arrears before but I have brought it up to date. My vehicle is financed with ABSA. My instalments are R 2 036.00. I am in arrears for R 3246.85. I want to make arrangements but the repossession officer advised that theres no extensions granted and the car will be repossessed. Please can you advise the length of time I have before the car actually gets repo

    • only a SHERIFF OF THE COURT with positive ID (take video of anyone showing up saying they are a sheriff) WITH a stamped warrant from the court (COURT ORDER) saying specifically that they can take the car can legally force you to hand over the car.
      If you want you can ask them to do so at a police station where you can ask the cops to confirm the persons Sheriff ID and the Court Order.

      Do not give anyone else the car even a sheriff without the court order or a person with a court order but no ID as a Sherriff.

      If you were in arrears and brought the account up to date they have to issue a new summons (did they have a judgement last time?) etc.
      You can oppose the summons and bring the account up to date again etc.

      Remember the repo man gets about R2500+ to get you to hand over the car without having to call out a sheriff and get a real court order etc. They will be convincing so feel free to video anyone who comes calling.

      Having the car collected on a warrant takes a long time and you can ask the SHERIFF for the return date when the matter will go to court again before they can auction off the car (if a real sheriff is calling…doubtful!)

  16. Kindly advise this matter urgently.

    We received summons for the car that is on arreas for 10k and wham I call wesbank to make payments they can’t assist due tot this new act ( on 13 March 2015, the amendments to the National Credit Act came into operation. The new section 129 (4) precludes the bank from reviving a cancelled agreement. Legally speaking, as soon as summons was served, the agreement was cancelled. For us to accept any proposal may be considered being in contravention of the new legislation) please advice what the way forward. Thanks

    • Well that sounds very weird.
      If the agreement was cancelled then you would not owe them anything…

      Victor, It is important to get this sort of info from them in writing so that you can go to court to oppose the summons showing how you tried to pay them and how they refused. It sounds more like an attorneys firm than Wesbank itself you were dealing with??? Anyway:

      You will need to reply to the summons and say you intend to defend (you will need a little legal advise on how to do that – ironically the company that served the summons might talk you through what to do and how to do it…call them or email them)

      If you do not oppose the matter they will get a judgement and come calling for the car so do not ignore it. If you want to make an arrangement then you have to take action now. Maybe head into your local debt counsellors office for some help on how to do this. They will probably not charge you for some advice.

      Part of your defense will be how you want to make an arrangement and want to catch up the arrears and how you have been trying to do so.

      You are about to learn a lot more about SA law and how the courts work but don’t give up.

  17. I bought a car at free state wheels but i did not make payment this month so they send 2 people out to my house and they told my wife that i did not made a payment this month so they are here to repo the car. The lease is in my name. So my wife said they cant take the car so they phoned a tow truck and tow my car away while my car is locked and ithave the keys and they didnt show any paperwork. Is that legal? And what can i do?

    • It is illegal. There is no way that they have a court order (or are a sheriff of the court).
      Your car has been stolen.
      Report it to the police and contact an attorney at once if you have a contact name of the company that supposedly came to get the car.

      You need to lay criminal charges.

      Why not try Liddles or Steyn Coetzee attorneys. Depending on where you are in SA of course.

      http://www.steyncoetzee.co.za/
      http://www.liddles.co.za/

  18. Hi, on 22/04/15 I received a call from mobile number 0718834643 from a guy claiming to be a repo agent from Wesbank sent to collect my vehicle. I am three weeks late on my car payment. I explained to him that I am three weeks late and had not gotten paid yet from my employer and that payment would be made asap. He said he had to collect my car and that I should give him either my residential or work address. I refused to give both. He said I had 24hrs to pay the arrears amount. I requested a statement, which he emailed. Details on the statement were incorrect. He continued to contact me throughout the day making threats to collect the vehicle if I do not settle my account. I was unable to visit or contact the bank due to work related commitments. At 17:45 I called the wesbank call centre to enquire and make a payment arrangement for Friday the 24th and could not get through. Just before 6pm, the man said he would collect my vehicle from work the next morning. I am now waiting for the bank to open so I can find out what is going on. Is this legal and can the bank repossess when a client is just a few weeks late? I also want to understand why the bank never gave me notice of the amounts in arrears if any and what kind of bank contacts people with mobile phones that do not formally identify themselves. I was not given names or any form of identification on the phone. The statement I received had questionable details about my vehicle finance contract amount and monies left to settle the car repayment plan. I am 15mnths away from my settlement on the car repayment plan. I am afraid to go to work as I do not know if this guy can trace my car. Please help.

    • A car can only be repossessed once you have received a letter warning you that a summons is coming (a Section 129 letter) actually received the summons, had a chance to respond to the summons, had a court date/application for summary judgement, a court order has been granted, a warrant of execution has been issued and a sheriff of the court hired to go collect the car. That is a repossession.

      Anything else is a collection agent trying to “trick” or convince you to voluntarily hand over your car so he can get a big commission (which is then added to your bill).

      You do not have to give the car to anyone who is not a sheriff of the court who has a court order and warrant and have had the chance to defend the matter in court.

      if you want to tell this guy to go away…simply do so.

  19. Hi, my vehicle is currently 4 months in arrears. I was contacted by an agent to collect my car for safe keeping until all the arrears are paid R.9000. I told them that the car is being fixed due to a small accident however they insisted that I give them the location of the vehicle so they can uplift it. I did not give them the details as I said that I will make an arrangement to make full payment at the end of the month.. The agents then said that I would be in conflict of section 24 of the credit act where I am withholding the information of the vehicle and can be charged and potentially go to prison for this.. I want to know if this is right? Can they do this to me? I have not received a summons/judgement at all. Should I just wait and pay the car off in a month?

    • Beware!
      They have no right to take the car until a sheriff of the court with a court order and warrant to do so shows up.
      They want you to give them the car (these collections guys) so they can get their commission.

      DONT give the car to anyone and don’t sign anything!!!
      Ask them to send a sheriff of the court to speak to you rather 🙂
      Call their bluff.

      Tell them to send you a letter rather and dont talk to strangers…didn’t your mom tell you that??

  20. Hello,
    I need your assistance in understanding this, I received a call from a gentleman calling himself a deputy sheriff. he said Wesbank need their car back because I have not been paying(Missed March and Paid April). I recently became an independent consultant and my clients don’t always pay on time, Instead of going to give him the car I decided to do a little debt collecting from my clients and I have paid the amount in arrears. My question is if this was a real sheriff can they still repo the car even though its now up to date with payments?

    • Since no court action (it seems) has happened (which you would be notified about and get a chance to go to) it is likely you were speaking to a collections agent…
      When the account is up to date the arrears and resultant section 129 (the we are going to sue you letter) falls away till you default again.

  21. I applied for debt review last year August. Everything was fine until I received a phone call from standard bank regarding outstanding payments on my current account. I then called all my creditors, of which majority had confirmed that payments were indeed being received from my counselors except for my vehicle, current and another account. I couldn’t get through to standard bank to find out what was going on and I contacted my counselors for feedback on my vehicle. After a week on continuous emails, I receive a summons in my postbox RE:Vehicle. My debt counselors had not informed me that my review for my vehicle has been teminated. I then called the attorneys who then gave me a number for someone at standard bank. In short, they refusing to enter into an agreement for payment arrangement. I’ve asked for them to give me the total arrears and they refuse. They saying that the total amount due is payable or I need to return the asset. I just want to know what my options are. Do I get to defend the matter in court? They have already filed for judgement upon which they said a sherif of the court will be given the rights to collect my vehicle. I had not received any sort of communication with regard to the termination of my review for my cv thick and when I entered into the agreement with my counselors I skipped 2 payments but I have been paying and sending proofs consistently since December last year. The termination of my review for my vehicle by the looks of it got cancelled in jan. I have sent though letters and proof of payments to the bank but they won’t budge.please help. Thanks. Leticia.

    • Sadly missing payments has probably invalidated your defense at court (i was under debt review) unless you caught up the missed payments quickly.

      You should try defend the summons though or you will 100% lose the car. (Your attorney and Debt Counsellor will give you info you need on that)
      You can even phone the company who sent the summons and ask them how to enter a plea to defend (if it is not already too late).

      Start there and see what happens.
      It will involve time and effort and possibly costs (you can go appear yourself but it is somewhat scary) but better than just losing your car.

      Otherwise if a judgment and warrant has already been issued then it is likely the car will be collected by the sheriff and sold on auction.
      If so talk to your debt counsellor about making plans to cover the cost of hiring a vehicle in the future.

  22. The bank said that the debt counsellors could call to re instate the review upon motivation of why payment was not done before. I have contacted the NCR and logged and complaint and they will investigate the matter. Do you think I could go to a different debt rehad company? There must be something I can do? Why will the bank not want to take my money?

    • The bank may not mind but remember you are dealing with several different departments now and outside collections agents and lawyers who want to get paid to sue you and take the car etc.
      If you spoke to anyone on the phone you need to get that info in writing (they never find those recordings if you ask for them).

      Changing DCs is probably not a good idea at this point. It is better to work closer with your DC than ever before to make sure that this situation gets resolved.
      IF they sent a summons you need to defend it even if they “say” they will not go ahead.
      Be careful…

      Call or visit your DC asap.

      • Ok. One more question. I ONLY received a summons from the bank. Was I not meant to receive First or second notices? Would it be advisable to defend based on that? Am I obliged to give me car when the sherif is sent to collect? Do I file a notice to defend? I dunno what to do because I don’t know what my legal rights are. Surely I can appeal because no one ever just gets a summons?

        • Hi,
          You should have received a section 129 (we are about to sue you) letter.
          You could mount a defense based on that as it should have happened at least 2 weeks ago at least.

          If you want to try keep the car you have to catch up on payments or fight at court.
          (be sure to read the May 2015 Debtfree DIGI magazine on this subject this week)

          You will need to contact an attorney if you are unsure on what to do. You could also go chat with a debt counsellor (they will probably not charge for advice).
          Check the back of the DIGI for contact details on both.

  23. Strangely enough Wesbank actually states that they use such scam artists to recover vehicles from debtors arent you ashamed of yourself Wesbank. Personally should any of your clowns come knocking on my door i swear you will only leave on a stretcher. I am also in arrears i have emailed and called up Wesbank to make arrangements for payment but everytime im told that they will get back to me and they never do.

    • It is better to give them a letter at a branch and get them to counter sign receipt of a duplicate copy or to send them registered mail of your offer.
      You may need it in court one day if something weird happens.

  24. Mine is a little different to above I’d still like to know out of interest despite it being ‘prescribed’
    In 2006 we had 9 vehicles… Ended up in too much debt and were one month behind when we handed over to lawyer to sequestrate us… Long story lawyer never did sequestration… Not one of the vehicles did myself or husband hand they keys over or sign permission to be taken/repossessed… We were abroad for a while but no judgement was taken to my knowledge and there was definately nothing reflecting on our ITC of any judgement… The vehicles were tken back and sold… Does this not constitute as theft??… Definately Illegal… The same with two out of our 3 homes… No judgement (to my knowlege) but they were sold off?

    • Another common way that items can be sold on auction or returned to the bank is if the consumer (or perhaps specifically authorized representative) signs the goods over. Might be worth investigating though…

  25. I was told yesterday that Wesbank have denied my notification of Debt Review due to the Vehicle being registered in my company name. I am the 100% shareholder and signed surety. I am trying to negotiate this with them based on that. What are my rights in this situation? I haven’t received a summons as yet, but have received a letter from Collection Solutions as the surety on the account. I never responded to the letter on the advice of my Debt Counselor. I scanned it to him and he said he would contact them. Thank you.

    • Keep working with your DC on this one (and the attorneys handling your debt review).
      Once the surety is called up then it is 100 % your debt and could be included.
      A tricky situation. Proceed with caution.

  26. Hi there, i am currently under debt review. I contacted the debt review agency in Feb 2015 stating that i have a problem and would not be able to make any sort of payment for distribution for the month of Feb. They indicated to me that will be sending out a 17.3 to my creditors. Three months later i got served with a summons claiming my account was terminated from debt review due to defaulting on payments. They also indicated that they do not offer arrangements and only proceed with legal action for the return of their asset. They also said that the full balance is now due or the return of the vehicle. What do i do? Will i be notified to appear in court to defend the matter? Can they just send out a sherrif to collect the vehicle? Will i be informed as to when they will be collecting? I only R1300 which i told them i would pay immediately but they would not listen. Please help!

    • Pay in the extra amount ASAP
      Get your DC to help.
      If they go to court you must make an 86(11) application to force the account back into debt review. (easy if the account is back up to date)

      You need your debt counsellors help.

      For more info on how the repo process works check out the May issue of Debtfree DIGI. They cant just show up and take the car but you must go to court to defend the matter if they send a summons.

  27. Hi all. although a “Non-Sheriff” person can not “FORCE” you to hand over the vehicle with a court order or any other means, but in this regard we are talking about “FORCED” repossessions. Rather lets call them what they truly are, which are voluntary surrenders(Which by the way in most cases to none save the client a lot of money, time and effort.

    If you as the client signs the documents and gives the car voluntarily over to the E.D.C. ( External Debt Collector ), it means that you won’t be liable for R 15 000-00 to R 20 000-00 worth of legal costs for the bank to get a court order against you ( Yes!!! if the bank gets a court order they can and will hold you liable for the costs they had to go through to get that court order ). If you give a vehicle voluntarily then that means the foot on which you are standing with the bank is in better terms as you are trying to co-operate with the bank, in which case an arrangement might be made in order to get the vehicle back. If a sheriff comes with a court order to take your vehicle it means you are not co-operating with the bank and that you forced the bank to take extreme measures. If you do not pay your vehicle’s installments and refuse to give it back, then it is just as good as stealing, seeing as the car does not belong to you until you pay your loan in full.

    • The repossession process is laid out in law and your contract.
      You only have to give the car to a sheriff under certain circumstances.
      You cooperate by bringing payments up to date.
      If you give your car to a collections agent you will 99% of the time be saying good bye to the car.
      You can do it but say bye first 🙁

  28. Hi,

    I have had my vehicle since 2012 and have never missed a payment until Sept and October last year when I had a financial hiccup. I was called by Wesbank and told that my account is in arrears and I need to make an arrangement to pay more money over and above my instalment to make it up to date, we calculated the amount and if I paid it the way it was advised then I would be up to date in 3 months. I was able to adhere to the arrangement on month one and thereafter I could only afford my installment amount. So I have been paying my instalment amount every month since but the arrears amount has been standing still, I received a call from a collection agent telling me my car was 2 month in areas and it was 100% collectable he wanted to know where I work and stayed, I asked him is there no arrangement that can be made again and he said no he has been instructed to fetch keys so that my car can be stored.
    I told him I would try make a payment again the following day he said I could do that and send him the slip from the bank and we can see what we can do. I told him to sms me his email address and he never ever got back to me. My arrears amount is around R7200 now, these people called again and I was not in the office demanding the address my boss told them im not in they said they had a parcel for me, I suppose to trick her, they left their contacts but didn’t leave a name. I will only have around R3500 addidtional to this amount by month end when I pay my installment, will they still have the right to collect even then? Also when I called Wesbank they told me my account was handed over to legal and they cannot assist me they gave me another number to call them on of which I haven’t called as yet.
    What should I do in the meantime, can they make another arrangement for me to pay? Also I moved house so I have not gotten any summons or letters, the court order process, how long does that take I need a max 2 months to bring my car up to date, Im panicking as it that gonna be too late?

    • Dont Panic!
      They can only take your car (and by thay i mean a sheriff of the court with proper identification and a court order and warrant for the car which is signed and stamped by a court) after taking you to court.
      Unless you fall for their tricks and give them the car or sign something they present you with you have time to resolve the matter.

      100% collectible – Pfff. Nonesense.
      Tell them to send you some court documents first.
      Dont let them scam you.

      Please read the May 2015 issue of Debtfree DIGI all about what to do in this situation.

  29. Hi,

    Its me again, the people just came to my workplace now, they said they are here to uplift my vehicle and are not here to arrange any payments with me or anything of the sort, I asked them who they were they told me they are tracers from Wesbank I asked if any of they was a sheriff or policemen they said no. I then said ok well as long as they are not any of the above my car wasn’t going anywhere they said they are not repossessing the vehicle as its only 2 months in arrears they are just safekeeping it till I pay my arrears and wanted me to sign a notice of termination document they had with them . I didn’t sign anything I told them I wont be signing anything, they then told me ok no problem they will then be taking the issue to the high court and laying a charge against me, I said ok and they left.

    How long does the high court issue take, I will be making payment to my arrears only month end.

    Thanks!

    • WELL DONE!!!!!
      Brilliantly handled.

      High court stuff takes a long time. They will probably try collect again and try get you to sign something again and eventually hand it over to the attorneys who might then mail you a letter to the address on your original contract (have you moved? If so you need to let them know even though they know where you work). Then if they send you a summons you will have time to say you will defend the matter at court (you will need some help filing that at the court maybe). Then they will get a date you must go to the court…it all take a while. They must be so sad they wont get their commission for collecting the car (which can be up to R3500).

  30. My brother financed a car through Wesbank. yesterday a man phoned, identified himself with his first name only saying he works for Wesbank and is coming to repossess the vehicle (after screaming and shouting at me). My brother ran into arrears last year in june and and a after a lengthy telephone war, organised that we could pay the arrears in two monthly transfers. They gave us the amount and we paid it. They now contact us A YEAR LATER stating that he is still in arrears and that the amount that was paid was for the arrears ONLY. They now refuse to let us negotiate how we can pay the arrears off. While we are trying to sort out finances, the man mentioned previously still phones stating we wants the bulk of the amount by midday tomorrow or he will take the car (we have not received any summons or any statement from them for that matter).

    What can we do?

    • Politely tell the man to please send the legal documents and that you see no benefit in discussing things in person or on the phone. Simply send him on his way.

      You do not have to sign anything or give him the car!

  31. Sold my car 2 years ago in a take over installment for 5 months and he need to settle outstanding 5 month after, he changed address and phones late 2013, now I’m left to pay the car i don’t have. police say i cant put up a case as its not stolen, tracker refuse to assist on a missing person case i open to recover the car. what should I do please help.

  32. Hi. I collecting agent, made contact with me on 11 June 2015 and advised that he wants to collect the vehicle. He sent me the courts outcome dated March 2013, for which I had never received a summons to appear in court. He has a court instruction dated 5 June 2015 for the Sheriff to take possession of the vehicle. I had fallen behind after loosing my job, and then paid regular payments of R3500 for most of last year. I did not pay in January 2015. The bank then deducted R 4800 from my personal account in February 2015 (I had no problem with that). I did not make payment in March, April and May and made a payment of R 2,500 on 4 June 2015. I tried contacting STD Bank & the attorneys to discuss the matter, as I would be able to catch up the payments over the next 3 months, with another payment going in on 22 June 2015. I did email them my offer.The collection agent mentioned that I must settle the account with R110k, but did not provide me with proof. I need my car for purposes of work as I work for myself. Any advice for a desperate situation on how to keep my car.

  33. Hi, Im behind 2 months with my vehicle of R8500, the guy from ABSA is ruthless and don’t care what I have to say.
    last week I told him we will pay the full arrears when my wifes provident fund is paid out, more or less this week or next week.

    He told me/the guy from ABSA, he’s giving me till today 12pm to pay the outstanding amount, which I said we can only do the full arrears this week or next week, when we get the payout, he don’t bugged at all.

    He told me to hand over the vehicle voluntarily or they will send a tow truck to fetch the vehicle, for storage and when I have the money I can fetch the car, and I need to pay the storage cost of R250 p/d.

    I told him im working nightshift and need the car to get me to and from work, he told me I had to worry about that before I fell into arrears.
    Me and my wife is so stressed its not true.
    Please assist,
    What if we pay it this week or next week, will we have to pay the court fees for the summons etc.
    What if we pay the arrears in full, what happens next?

    Your reply will be most valuable of Help

    • The key here is he said “voluntarily”. In other words he just wants it without any legal paperwork.
      You do not have to give it to him.
      Beware!!!

      Rather pay up what you owe (when the money comes shortly)and then get on with your life. Dont let these guys stress you.

  34. Hi
    My car is financed by ABSA,since i lost a job,paying my car is a pain.ABSA boys fail to reposses my car as there was no court order from a sherrif.so they kept threatening and i kept driving.now the car has engine problems,took it to machanic,the car is now fixed but still owe machanic about 18 000.machanic told me that i cant take the car untill i pay him in full.I told ABSA boys a story and they said they will get back to me.they also told me that the bank might pay the 18 000 to machanic-if hes legit and uplift the car.well i refused to tell them where the car is.now they are quite.my question is,should the sherrif comes with a court order,would they be able to take the car from the machanic who demands that he wants the car fully paid before it leaves his workshop.as advised by one of ABSA boys,would the bank realy pay the machanic 18 000 for repairs and then reposses it properly via sherif and court order

  35. I was having a service warrant with motorite the agreement was linked to my wesbank account, my account was in arrears of 4300 the time I cancelled my service agreement I was told that my account will be in arrears of 3000 excluding my active arrears but lately they said I am in arrears of 14000 n I paid 4500 last week but still they wanna collect my car even if I tell them that I will settle my arreas on the 25 june

    • If they dont have a sheriff with a stamped court warrant then they have to wait for you to pay or start legal proceedings which will be irrelevant once you pay.

      I would ask for more details on why the amount is so high though as it sounds like something weird happened there. Remember under the Consumer Protection Act you only have to pay for services you get not ones they were going to give you but you cancelled.

  36. Hi. I lost my job end of January and fell behind on my car payments. I am behind with R24000. Last week I phoned Wesbank to ask how I have to go about to pay the car again as I am employed now and dont want to lose the car. They put me through to collections department and the lady there told me that the car is to far (5 months) and that I should surrender the car if I cannot pay the full amount to get it back up to date. What would happen if I start paying the original installment from month end? Will they still be able to repo my car even though I am paying the installment.

    • Since you are behind they will probably still want the car (unless you eventually catch up payments). However it is better to pay than to let the debt grow. They cannot just take the car without you handing it to them or them going the court route (which takes time).

  37. Hi,

    This is a letter i got emailed on Friday:

    Good day

    Kindly note this account is now in the legal department to proceed with a court order. Your arrears are currently R7 270.97. This amount needs to be paid urgently to avoid us proceeding with the legal action on the account.
    Should we proceed with legal action the costs will be for your account, they range between R8000.00 – R20 000.00
    You will also have a judgement against your name which is valid for 30 years.
    Should you wish for us not to proceed with a court order and if you are unable to come up with the arrears and need more time, you do have the option to voluntarily surrender the vehicle to WesBank, thereby giving you an extension of 10 business days to come up with the funds to have the vehicle released back to you. Once the vehicle is in our possession you do have the option to negotiate an extension to pay as well. This way it avoids any unnecessary and costly legal fees.

    Should I not hear back from you by the close of business on Monday, I will have no option but to proceed.

    Now I made payment today of R3500, they are talking voluntary surrendering, I cannot go a day without my car, I wont have another R3500 to settle the difference until end next month now, do you think I should panic? I also haven’t received any summons this is the first legal letter received from Wesbank after the tracers came and I refused them my vehicle.

    Please help

    Regards,

    Vuvu

    • Do not panic,They want money and you are paying them money.
      You just need to be careful no one tricks you into giving them the car before you have caught up payments.

  38. Hi, please advice
    My husband has fallen in arrears, and the collection agents have been a nightmare trying to recover the car, so yesterday he called us saying they have opened a criminal case for a stolen car(smsed us a case number) and said he will circulate it across SA police stations. Is he legally entitled to do so? Must we hand over the car to the police to avoid being arrested?

  39. Please help,

    I bought a car in 2010 for R 222 000, in 2013 I fell behind and made an arrangement to extend my contract by 2,5 months, then I paid my installments every month until this year. I am not working since December, missed payments for March and April, made an arrangement to pay R 12000 by end May and R100 by end June to bring my account up to date. On the 6th June paid more than agreed arrangement amount I paid R 14000, and I realise that I would not afford to pay in the next months so I asked for a payment freeze of 6 months because I have 3 months left to pay off the car, I’m owing them less than R 20000. Currently I’m in arrears by 0.5 month installment, they refused this arrangement first, the guy who’s a debt collector who says is an MFC client liason refused this arrangement and the collection guy is working hand in hand with him, he wants my car so bad because it’s still new and only less than 20k outstanding balance and be done. Wrote on Hellopeter Now they agreed to freeze the payment for 4 months, but I don’t have insurance and they want proof of insurance. If they go to court would I have a defense, I can’t afford insurance and every cent I make I pay this car as I want to be done with them. How long does the court process take, can they begin the process now before I’m in arrears with a full month installment?

    Please assist they will sell my car for a penny.

    • If the account is not in arrears they cannot go to court as you are not in defualt.
      They would first have to send you a section 129 letter for the default (and allow 2 weeks for you to sort out the situation)
      Then IF they wanted to they could send you a summons (which takes a few days) and then you could defend that.
      All of which takes time.

  40. Hi there my dad is in arrears with his car, the guys from mfc called him and asked him to make payment of R 1800-00 he said he cant reach that amount but he can pay R 500-00 a month. The guy said they not interested and they will proceed accordingly. He did not receive his license renewal in the post so he went to a post office to renew it. they told him he has to do cor. He then investigated further and it turns out mfc took his name off and put their names on for license renewal without any notification whatsoever to him. so now he cannot re-new his license. what do we do here? is what they did legal?

  41. Hi
    I bought a vehicle in 2004 and paid for it till 2007 when I lost my job I then moved to Nelspruit I have been driving this vehicle ever since when I last paid it owed abut R80,000 I had already paid close to R300,000 in interest and capital. I still have the vehicle and I do think that tracers have just not been able to get hold of me. The value of the car is now about R30,000 and has high milage. I don’t mind keeping the vehicle and if I am to give it back I am worried the bank well reinstitute the R80,000 that I owed back then. Is there a way I can legally own the vehicle without having to pay the R80,000 or I should just drive it to ground and abandon it. there is no judgment on this debt that has ever been listed at times I want to call the bank but I worry they will just send tracers who will come collect and auction for whatever value and this will mean I will become liable for the shortfall. WHat are my options here?

      • I have checked ITC and there is not Judgment listed on my name for the car neither has anyone tried to put a trace on my name

        • Then PERHAPS this debt has prescribed. Which would be good for you.
          But perhaps the judgement is simply not showing any more since it is so old.
          Judgements however are valid for 30 Years..so you may find it is out there waiting for you.
          It might be good to talk to attorneys such as Liddles or Steyn Coetzee about this one.
          You can find their listings in the service directory section of Debtfree or links to their site on our home page https://www.debtfreedigi.co.za

  42. hi there i sit with this problem now i am about R800 outstanding in payments with MFC and now they telling me that i need to pay that money by today and they want julys installment as well or else they come pick up my car and now they were at my house to collect my car what must i do advise

    • If a collections guy comes around tell them to go away if you do not want to give them the car.
      Refuse to sign anything and tell them to leave.

      Be careful of not getting tricked into handing the car over.

      Ask them to take the matter to court rather.
      And go see a debt counsellor in your area asap.

    • I was almost tricked into handing over the car to the tracing agent. Since I am no longer employed my mom helped with the payment. She got sick and could not make payments regularly. My car is in arrears but I don’t for how many months. I have my credit reports and there is nothing listed

      Then they called on 23 March 2016 in order to come and do the inspection for a payment arrangements. They called on good Friday to meet them at a garage in town. I agreed as I wanted to sort this once and for all. He requested the car keys to start with inspection. When done he asked me to sign. Supprisingly he started packing my belongings and said he is repossessing the car.i requested the court order he drove my car to a nearby Iinternet cafe to print the document. I looked at it and then I became suspicious. I called my mom to bring the spare keys as he refused to give them back.my mom arrived and they also asked him how can he repossess a car on good Friday. He started to be arrogant and we got in the car and drive back home. Till now he still have my car keys. I have send emails to standard bank and no help at all

      Please help what must I do

      • Thanks for telling us about this method used by some to try take the car.
        Signing anything is dodgy.

        The best plan is to try catch up the arrears payments as soon as you can.
        Pay a bit extra each month/week.

        The bank don’t really want your car they only want the money.

        A good plan would be to get a written offer and acceptance in place between you and the bank regarding the arrears amount and how you will pay it back. Not on the phone but in writing!

        If you lost your employment recently you can claim from Standard Banks insurance they make you take on the car. Please ask them about that. It should cover several months minimum payments.

  43. Hi,
    Standard bank have just issued a warrant for my my because i have been unemployed and been in arrears for about 18 months. I have recently filed for sequestration as I am unable to pay for my debts. Std bank legal say I doesnt apply because the warrant had already been issued..please advise..

    • If you have applied for the sequestration then the car will belong to the court now (well the administrator of the sequestration). It is not your problem any more.
      (but in either case you have to say good bye to the car).

    • If there is a legitimate warrant (stamped by the court not just a draft of the document and served by a legit sheriff) then you are obliged to hand over the car.

  44. Hi,

    I need some assistance urgently. My vehicle account has been in arrears for over 300 days. I have been making bulk payments quite often and have been trying to get the account up to date for just over a year now. I promised to make the total arrear payment of R8000 on 10 July once I received my bonus, but the funds were not sufficient as I have many other accounts to see to. I therefore made a payment of R5000 on 13 July. I then made my instalment amount for this month of R3100 yesterday. Today I get a call from this extremely rude guy from ABSA and he threatens to re-possess my car today. He says that I have made too many arrangements and not kept up to them and the last extension he granted me was for me to make full payment of the arrears once I received my bonus. I have made many arrangements with them and as far as possible I have tried to keep to them. I am in financial difficulty because my husband lost his job and is having trouble finding another one. I was also on debt review prior to this but the debt counsellor was not making payments to all the accounts as they had promised. Therefore, I cancelled the debt review. I am really trying to keep up to the payments and cannot afford to lose the car. We live in a place that is quite distant from everything and crime has made it impossible to use public transport in that area.

    I have no idea what to do now because I still owe R3 300 (according to the guy from ABSA) in arrears. Can they come and re-possess my vehicle? What is the process? And how long do you estimate I have to get the account up to date?

    Please help 

    • They will take a while and first have o send you a summons and then you have a chance to reply to the summons
      and then they will try get summary judgement
      which you can go to court to fight based on your intent and promises to repay.

      Unfortunately it seems that you are very close to losing the car though. Pity about the debt review not working.
      Obviously many times creditors say they are not getting paid via debt review when in fact they are and sometimes consumers go ahead and leave this ‘last chance’ opportunity of sorting out their debts.

      If the creditors attorney convinces the court that they should get a judgement against you then they will get a warrant. They will then have to send the Sheriff to fetch your car.
      It takes a while.

  45. I bought a car through company called NOFINANCE Cars in Boksburg on rental agreement for 54 months. I have fallen behind with one installment and now they are threatening to repossess the car. Can they do that without a court order?

    • They can threaten…If you have bought the car (and not renting) then they would have to get a court order (which takes a while). Catch up payments if you can!

  46. Hi there, I bought a Vehicle through Standard Bank Vehicle and Asset Finance. I was in arrears but stayed in contact with them. A lady contacted me (we communicated with someone at Std Bank) and I had to fill out documentation and send bankstatements so that they can extend my contract and deduct the necessary amounts from my bank account to try and get the account up to date. I know it was stupid of me not to check my statements but I thought that, ok, maybe I’m now on the right track. Because according to me, if they did not receive the 1st amount arranged, which was suppose to be deducted from my account, they should have at least contacted me and asked what happened or something like that, like all the other creditor’s. After about 2 or three months, I saw on my statement that the arrears amount is not getting smaller and where are all the payments that should have been made? I then decided to make cash deposits on the account just to stop getting further in arrears, but afterwards, received a summons. I also did not take note of this summons (it had a Western Cape High Court Stamp on it but “Copy” was written in the corner) and I just made the monthly payments as usual. Didn’t they see that I was at least trying to make an effort?? The only other month I skipped was in March when something terrible happened where I had to help out my family. But afterwards I made the payments as per normal. They still send someone to my house and informed me to bring the car to their Garage/Depot asap so that I would not be embarrassed in front of my friends and colleagues when they come and collect it. My vehicle was repossessed about 3 weeks ago and they are now planning on putting it on auction. According to their Credit Manager there is nothing they can do for me, I just need to re-apply for finance as they have not put me on the BlackList or Debtors List thing. When I tried that, they informed me that my name is on the list and I won’t be able to apply at any other institution. The other arrangement that they can supposedly make is that I pay the whole amount of over R100 000.00 then I can get the vehicle back. What’s the point of the arrangement if you have to pay that whole amount? I mean do I look like a millionaire with that kind of money lying around.. I urgently need help because they only gave me 5 days to come up with this money and I don’t know what to do anymore…

    • It seems that the missed payments have come back to haunt you and they will now sell the car, unfortunately.
      I hope they get a good price as you will be liable for the shortfall on the sale compared to what you owe.
      You need to prepare yourself for that.
      The fact that they have the judgement means that they can and will want payments (for up to 30 years from this year) to settle the debt. They will also add interest to what you owe over time but remember the amount you owe today can only double. Meaning that if they sell the car for eg. R50 000 and you then owe them R50 000 over the next 30 years…even if they add bank fees and interest and lawyers fees and all that you will only ever have to pay an accumulative amount of R100 000 (double what you owe when they sell it) back over time. This is bad since you wont have the car any more but it puts a cap on what they try to charge.

      I know that sounds bad but you did break the contract (for good or bad reasons – it doesn’t matter to them) as well as ignore their legitimate warning to you that they were going to court.now they are doing what the contract says they can do. Sad but true. In the meantime (till you pay off this debt) you may find it hard to get credit but remember the sooner you pay it all back the less interest you pay. Also you may find some companies will extend you a small amount of credit.

      Probably after the auction the lawyers will approach you for a payment arrangement and you can offer them a few hundred rand a month.
      Not a great situation but remember on the positive side: you did get to use the car for a long time and when you needed to you got to use the car payment money to help sort out the other situation.

  47. hi there , please help

    My car is b arrears with about 70k as I lost my job last year. Since January I tried to make arrangements and they refused everything . I asked for a re spread but they declined it based in affordability , when I started working I informed I could pay double instalenr r if need be they refused . They sent summonses to an old adress so I never got it until I phoned them to find out what’s happening then I was told they were applying for judgement . I’m currently trying to find the 70k to bring it today but I’m struggling . I got an SMS that judgment was issued last week and they will come take the car . Is there any option left to me at all with them ? Or taking the car will be easier ? Would debt reviews help the matter or if they take it can I contact them for an attachment ?? Please help I need my car for my new job so I’m at a loss on how to move forward

    • It depends on whether a judgement was actually taken (and then if a warrant to take the car was issued). many times the company just want to get their clients money back and earn their fees. They will have to decide which they want more (the car to sell on auction and the fees they get for that or the cash you want to pay).

      It may be too late…Debt Review is designed to help deal with debt before it goes to court. That said it might help with your other debts which you no doubt have.

      On the plus side with R70K you could arrange for transport in other ways…and then settle the debt with them over time.
      Maybe go into talk to your local Debt Counsellor anyway.

  48. We signed a “contract” giving a third party use of our vehicle with the agreement that he pays the installment and insurance amount into our bank account, it has gone good for a year.
    The last 5 months we have been struggling to get payment from the 3rd party he pays late and not the full insurance and financed installment. The vehicle is still registered in our name and we still pay the bank the monthly installment it is not in arrears at the bank, can we have the vehicle repossessed from the 3rd party without a court order? He is in arrears with us and now we cant get a hold of him telephonicly or other wise. Any advice on how to proceed?

  49. Just to clarify we are not making any profit from this arrangement nor are we a company/ business who does these type of arrangements for individuals. We have been pushed in this direction when we applied for a new vehicle at a well known car dealership even though the financing was approved for the new family vehicle and we declined the offer due to affordability and could not pay 2 vehicle installments, the sales person at the dealer ship put this person on our path which left us the option of giving him our previous vehicle he pays the installment into our bank as the vehicle is still financed and we could get our family vehicle which we needed as we where expecting our second child. Now we pay both the vehicles the 3rd part is in possession of our first vehicle still registered in our name and we still the monthly financed installments.

    • You can follow the lead of the collections agents.
      Visit their home and work, call all the time, email..etc.
      Try to get them to voluntarily hand over the vehicle.

  50. My car is in arrears and I have been harrassed by debt collectors. I eventually told them that I would like the bank to get a court order. The bank informed me this morning that they are proceeding with getting a court order. How long do I havr to settle my arrears as I will get money on Thursday.

  51. My car is in arrears for 3 months. A debt collector from MFC came to my house and tried to persuade me to hand over the car. I then told him I will give him the car if there’s a court order. This morning the bank confirmed that the account will be handed over to their legal department. Now how long do I have to settle the arrears as I will only have money this Thursday.?

    • This sort of thing takes time. They have to send you a Section 129 letter giving you 10 days (working days so 2 weeks) and only then can they go send you a summons.

  52. I was served with summons last year for car which was in arrears. I was told by the bank they have court order to collect a car. They never collected it. A year later a man calls and tells me to give adress to collect a car. Is this legal.

    • Why not wait for a Sheriff of the court with the stamped court order to come and collect the vehicle? This sounds like a collections agent looking to get commission…and a lazy one at that.

  53. My husband ran into arrears on his car a while back. When I tried to renew his licence disc, we found out that the bank has put the car under their name and we could not renew it. Is that legal? No tracers or repossessors have ever contacted us.

  54. On 26 August I was at the beach, a tracer came with a tow truck and repossessed my car. He told me that he was sent by Wesbank to repossess the car. Was this lawfully? If not what can I do to get my car back.

    • Did you give him the keys to the car?
      Did he have a signed and stamped court order?
      Was he a sheriff of the court?

      If you pay all your arrears before they sell off the car on auction you could get the car back…(probably).

  55. My vehicle finance debt prescribed and I have since then requested ABSA to hand over the vehicles papers but they refuse until I pay a settlement amount. I have declined and have stated to them that my debt with them is null and void but still threaten reposes the vehicle and that they will maintain ownership of the vehicle. How do I go about acquisition of the title when I am no longer legally obligated to settle this debt.

  56. I am very worried! I fell behind on my car payments last year as hubby lost his job. The arrears was R15000. I did not hear from the bank until Jan this year when they sent a guy to take my car – obviously no court order and he didn’t get it right. Please note i have not received a summons. But stayed in contact with the bank and advised I was waiting for Pension payout. Meanwhile i applied for debt review – debt review company messed up my profile completely and I cancelled.
    I then received a letter from attorneys in June: Dear Madam, We enclose herewith a copy of the Section 86(10) Notice for your records.
    I immediately contacted them. I paid the R15000 as indicated in the letter when i received my pension payout and thought I was done. 2 weeks later I get a call to say there is R2000 outstanding for legal fees… I was not notified or received any communication with this. I did not budget for this which i told them. Up until now I have been paying my monthly installments and telling them that I will arrange for it as soon as I can. Now the attorneys came back and said that I need to sign a settlement which they make an order of court and the cost of this is R2410. Which means the original amount I could not pay of R2000 has now doubled just to make the payment over 3 months arrangement. This makes not sense??? If i could pay R3800 – I would of just as well given them the R2000 in the first place…… Please help I am frustrated and worried.

    • Send them an offer (eg. a few installments over a few months) in writing. Don’t let them bully you into paying a huge amount of fees. Tell them you do not need a court order since you have agreed in writing (if you do agree). Set out when and how you will pay (if you will pay).

      Make sure you fax it and get a copy of the proof of receipt, or mail them via registered mail or send and email and get the read receipt.
      (make sure you have proof they got it).

  57. I was calles by Absa bank collection department my car is 3 months behind R5900 I defaulted on last months arrangement and requested a full arrears payment to be made on 28 September however was advised the offer was declined. I received a call from a collector who advised me he is collecting the car. The collection office at Absa is ruthless. But I have not received a letter of arrears or demand from the court. Can they take the car?

    • If you give it to them then yes.

      If you refuse then No.

      it is up to you.
      Do you want to try keep the car then ask for them to go to court and then send the sheriff of the court with a court order.

      They will try convince you otherwise but…Fight if you want to keep it.

      • Hi, I am financed through WesBank I’ve never skipped payment, I’ve only short payed Wesbank with R2000 Out of the R5550 I was supposed to pay on a montgly basis. This was caused when I switched employers, and my last salary was short paid due to the binding study contract I had with them.

        The following month till date I was only paying the normal installment and the short fall accumulated to R13000 with their charged interest. To my surprise I received an SMS telling me that my account has been handed over to recovery.
        The next morning a guy came to my place stating he wanted to uplift my vehicle of which I refused him to do so. I then immediately called wesBank to try and make an arrangement but they are refusing unless I pay 80% the following day. I told them I can only settle the whole amount on the coming payday but they still refused and say it will be too late by then. Please help I am very confused, will they still take my car when I settle the arrears by the 20th of October?

        • Well done on chasing the collections guy away!

          They are still in the threatening phase it seems. If they send you a summons then they are getting serious (that takes a while and you get to defend it and all that).
          The bottom line is that they want payment (and the lawyers want their fat commission for collecting it). If you can arrange that then they should be happy.

  58. When court has been issued…will the consumer only see it when the car is repossessed..or they will send any communication prior to car repissession

    • If the creditor (and their lawyers) only have your old address then maybe they will just show up with a court order. Even then you can insist that a registered sheriff of the court serve the papers.

      Normally you would (1) get a letter saying “section 129” you have 10 days to sort this out, (2) a summons and then only would they go to court.

  59. Hi,

    I failed to pay my car installment of R2626.59 to ABSA, but i have been paying full installment amounts after that meaning i am behind by 1 month and I just received a call from a lady saying she’s calling from the bank and will be collecting the car this evening. Can they do that? Please help

    • No, You can send her away.
      Only a sheriff of the court with a granted court order can take a car after you have been to court to fight about it and lost.

      Tell her no.
      She may be a thief…

  60. Hi, I bought a 1 year old car in 2005. Lost my job in 2006 and used up all savings and pensions to pay arrears up to 2007. Went into debt revue in 2007 and DC made 3 submissions to Wesbank with a payment offer plan, all registered mail. NO response was forthcoming. In 2009 I received a letter from Wesbank stating that my Debt Revue is Cancelled. Never heard from them for 4 plus years (which I assume prescription kicked in). In January 2005 a slimy unkempt sort popped up at my gate stating he came to fetch the car. I told him that the debt had prescribed and also, that he should have a Summons/Court Order. A month later I received Summons from the High Court – Not Signed by Magistrate or Judge but merely a name stamp on it. Summons also did not have my Identity Number etc. Summons was handed to maid who kept it in her room and went on leave. By the time I received it, the date for Court appearance had passed. A week after date of appearance, the collector called me to hand over car as he apparently had a warrant of delivery. Wanted me to meet him and Sherriff at any convenient spot to hand car over. In the meantime I sent a letter to the Registrar of the Court requesting to know if an UNSIGNED SUMMONS was valid, but have not heard from them. I received a further call from Collector threatening judgement and de-registration of vehicle. I contacted the Credit Bureaus and was informed that they CANNOT take judgement against me adhoc, as they have the record that I was on debt revue and which was cancelled after the PRESCRIPTION DATE of the debt had kicked in. Please advise on action to take, as I am still unemployed and have since divorced. Ex-wife threatening to take my car in respect of monies owed to her……which I don’t really mind as she contributed a lot to the car payments. Question is:
    1) How can High Court issue Summons on a prescribed debt.
    2) I went into Sherriffs Office and explained situation, and they agreed that Debt is Prescribed…..However they act on Court Orders.
    3) Should my ex-wife seize the vehicle pending payment of debts to her, can they still reposess vehicle.
    4) What are my LEGAL RIGHTS in so far as the Debt Collector is involved, bearing in mind that ALL debts to debt collectors in March 2015 have been wiped off and illegal.
    Thanks

  61. Hi, If stopped by a Repo Cowboy far away from your home, which Sherriff of the Court has jurisdiction? Can ANY SHERIFF not responsible for your Magisterial District reposess the car? And if so, which Sheriff’s Property will it be kept in till auction date.

    • Only a sheriff with the stamped and dated and clear to read court order and warrant can take the car…
      This means it is normally a specific Sheriff in your area

  62. Hi, I am in arrears of R3123.89 , someone from Nel & Vennote called me and said we must meet up because he wants to take my car, Can i make arrangements to settle the amount in 4 to 5 months?

    Please assist me.

  63. Hi, My car is in arrears for 2 months now for R11800. Last week I received a Section 129 letter from the Sheriff the distric/regional high court. I then contacted the attorneys on the letter and sent them an email with my offer to pay off the arrears with an additional R3000 per month. Today I received a response from the lawyers saying that my offer was not accepted by Absa and that I should pay the full amount in arrears. What is the way forward now?

    • You may need to go to court to fight this thing (if they send you a summons) – DO they have your correct and current mailing address?

      Step One is to send another written offer (keep records of these things for if you have to go to court later). Maybe an increase of R100. Also why not ask to see the correspondence from ABSA saying they do not want the funds (cheeky)?

      Step 2 – make the extra payment as soon as you can. Remember that once the shortfall is paid off and the account is up to date the legal action has to stop.

      Step 3 – get your car evaluated and find out what you could sell it for. This helps if you later have to argue with them about what the car is worth if they beat you at court and get a judgement and warrant to take the car and eventually get to auction off the car.

      Step 4 – you now have much less than 10 days (as per that scary Section 129 letter) to get to a debt counsellor to get into debt review and get to protect your car. Why not check out our services section in the mag and find a Debt Counsellor close to you?

      Maybe they accept the offer (set out how you will catch up to the full owed amount not just the payment this month)…but maybe they wont. A Debt Counsellor is probably the best way to protect the asset if you act within the allowed 10 day window of opportunity (check the date on the letter and when it was delivered to you).

  64. Hi, a collection/ tracer came to my work to uplift my vehicle. I wrote a mail in March this explaining that i was robbed and my bank accounts cleaned out. I asked them if I can have the 2 months arrears that will still follow be extended or pay more a months and all I received was they will be in contact as its send to the legal department for consideration. Nothing was re eived. Every month I pay R500 more than my normal pmt. After this guy threatened me I told him I am saiting for a decision. I immediately wrote a mail to Wesbank. I have not received any reply since last week. Today the guys came to my work place again pushing me to hand over my car keys. I refused and was told that the bank instructed them to collect. I have not stopped paying and have not missed a payment and still pay the additional R500 per month. He said they will go ahead and issue a court order. What should I do next?

    • You could deliver a letter asking for an answer to a branch and video the delivery or ask them to sign aknowledgement of delivery on a copy of yours. Keep making the offer and in your current offer state what you have paid already.

      In regard to this guy who wants you to give him the car: Just say no.
      Ask them to send the court documents and ensure you give him a copy of your home address and ask him to sign for that as well.
      If the matter goes to court all these offers and proof of the offers will help protect you. If you get a summons you will be able to defend the matter and ask the court for help and relief along the lines of what you have already been doing and offered them.

      Also make sure that the vehicle creditor has your current home address (don’t assume they do just because the statements find you and the collection guy knows). Maybe go to a branch and give them a letter (as above) which they can sign for with your current “domicilium” address- so they don’t send papers to the wrong place.

  65. Hi

    I see this thread has been going on for sime time. Just want to appreciate your effort and time. Some questions are tge ssme but you still put in the effort. May God bless you.

  66. Need Help.

    I bought a car second hand, and in the 50 days the car spent more time back at the dealer ship than at my house.
    50 days after Purchase the engine Blew up. Legal advise sent me to the NCC.

    In the meantime Stanic repo’d the car and made me belive that the car will not Be sold until the NCC matter is resolved.
    On the day of the NCC hearing, between me and the dealership it was dicided that the NCC will Invesigate some more. But I was also told by the Dealership that I can fix the car for 15k. (That i didnt have and still argued that the dealer needs to fix it.) From the NCC office in Centurion i went to Standard bank to give them an Update, and I was told that the car (bought for 95k) was sold for 20k. I need to pay the Balance.
    The NCC gave the case to the Motoring Ombudsman as they are not sure anymore what to do, as the car that Im fighting to get fixed, is gone.
    I need Legal advice as the Bank knew about the NCC case, Told me they will not sell it, did not inform me that they will sell it, Sold it for 20k. And now wants the balance.

  67. a purchased a car on behalf of a 3rd party, the instalment goes off my bank account. He the repays me the instalment, subsequently the 3rd party has lost his job. And has fallen in arrears by 5 months, is there anyway I can get the car repossessed from him. Because he has indicated that i should get a court order in order to repo the car. Before the last 5months he was paying the car religiously each month

    • While talking to a lawyer will help (check the legal section in the monthly Debtfree DIGI magazine) this is a case of you own something and someone else has it. Is it a matter for the cops maybe?
      Maybe you can learn from the collections agents and just pester the person into caving in…

  68. i RECIEVED SUMMONS WITH A TRHEAT TO ATTACH GOODS THATS BEING FURNITURE and even my house is this legal.and how long does it take after recieving summons to have a judgemnt under your name and finaly a court order for the car.Worried

    • You have a very short time to sort things out. Normally 10 days to catch up payments so that the summons falls away.
      You may need to defend the summons if you cant make the payment though and ask the court to make a different arrangement.

      If you want professional help you need to go talk to a Debt Counsellor asap.
      You can find a list on the NCRs site or in the back of the Debtfree DIGI magazine each month or email us at helpfindaDC@debtfreedigi.co.za

  69. I used to be a debt collector for Wesbank. The rule I had was to rather get an arrangement with the client as I did not like to inconvenience a client by taking the vehicle as this would implicate that the client must no struggle to get to work and back. It is always better to get the account up to date rather than sitting with a vehicle for 30 days in storage – sell the vehicle if the client can not get his account up to date and still have the client liable for the loss after the vehicle was sold. I always told the clients that we need to get the account up to date asap and that they must go and speak to a consultant at the bank should there be any reason why full installments can not be made. I left this profession 7 years ago and up to today I still have clients phoning me and thanking me for helping them keep their vehicles even if they had to pay a bit more on interest.

  70. hi i owe absa 10.000 for the car i paid 4000 my balance is 6000 the agent called me to repo my car i told him i would pay some money this week he said no he is coming to collect my car is ,can they take my car for such a small amount?

    • Only if they “trick” you into handing them the keys. Otherwise they need to start the entire expensive legal process which takes weeks and weeks. It is unlikely they will do that at this point for so little.
      If you plan to catch up payments then send the creditor a written offer and tell the collections man to “jump in the lake”.

      Unless a genuine Sheriff of the court comes (with not only the judgment that they got at court after sending you a summons and having a hearing but also a warrant and has his official ID on him and the papers are all stamped and signed by a court) to call and provides all the needed papers no one else can take your car. Unless you sign anything and give keys. You do not have to sign anything and do not have to give what could be a scam artist your car!

      Dont Be fooled!!!!

  71. How long does it take to obtain a court order? A few months back I was issued a Section 129 letter, I contacted a debt counsellor however my debt review was cancelled by which time my account was then up to date. I am now back in arrears and the guy @ finance house said he will arrange for his agents to collect the vehicle. I told him he needs to issue a section 129 letter, he then advised me Please note a sec.86 was already send to you. A sec.86 cancels all debt review arrangements , which means that we do not need to send you a sec.129 . We will now request a court order for the return of the vehicle, which will be at your cost.
    What actions can I take on my part? I am trying to get my account up to date but they are not willing to accept arrangements or give me time to do so?
    Is the next step a summons or court order? Am I still able to defend it?

    • Sara, I suggest you send a registered letter to the collections agent/attorney with (1) a written offer/plan to bring the account up to date and (2) a clear expression of your intention to defend any legal action in regard to the vehicle and a request for any info in regard to a court date.

      You have a right to defend any legal action and you will then have proof of your sending them a written offer to settle the arrears.

      A Section 129 letter lasts until the arrears are settled. Then that situation has been rectified.

      • Thank you for your valuable advice. The finance house is handling the matter it has not been handed over to collections agency or attorney, can i still follow the same by sending a letter with offer to pay up arrears and court info, etc?

  72. I have another question – I believe there was a fraudulent transaction that took place my vehicle was purchased. The contract I have states that the cash price of the vehicle was R 620,000 however after visiting a BMW dealership to try to trade my car in I was advised that there was an amount of between R180,000 – R200,000 loaded onto my deal of which I was not aware off neither did I receive any funds. I tried getting a structure of the deal but the finance house does not want to issue one to me how do I go about getting the correct information?

    • Send a registered letter to the creditor with a written request for the info.
      If you get no joy then it might be necessary to ask for some legal assistance in forcing the matter.

  73. I have been under debt review since April this year,all of a sudden the debt review has been cancelled in November.Now debt collection agency wants me to voluntarily reposses my car.What are my rights ?

    • How do you know the debt review has been ‘cancelled’? Did some guys on the phone just tell you that?
      Did all of your creditors tell you that?
      Did your debt counsellor tell you that?

      Careful you don’t get taken for a ride by some crafty collections people.. check with your Debt Counsellor. After all you have a court order for your debt review…if you have not missed payments then…Did you miss payments?

  74. Hi, I have lost my job, and have not paid for my car for 6 month, because I have moved twice, I did not receive any summons or anything. I have tried to contact std bank many times and failed, because the lady dealing with the matter never seems to pick up the phone. A gentleman called my mum, saying that they are going to report my car stolen. Is this legal?

    • If they want to get your car they need to send a summons, go to court (you can defend) get a court order, then get a court warrant. Then they need to get a sheriff to find you and show you all the papers and then take the car.

      If you have been out of work for 6 months and have not paid then you should seriously make a plan with regard to the car. They probably have taken legal action already (you can find out at any of their branches).
      If you have any income coming into your home from other family members and if they have not yet taken legal action then you MAY be able to get the car under debt review..but that is a lot of maybe’s.

      The truth of the matter is that if you borrow money and then can’t pay it back then your situation is going to be bad. If a car is involved then the bank will want to sell it off for a few rand and make you pay the rest over several years. It is the risk everyone runs when taking out funds on a house or car.

      If you have moved be sure to always notify all your creditors in writing (and get a signed or acknowledged copy). Don’t try hide…it won’t work.

      Go see a Debt Counsellor for advice asap.

  75. Hi; i am in arrears with R8 274.00 and a i recieved a call from field agent from Wesbank who said i have 24hours to pay R7000.00 or he will come and repossess the car and put in a safe keeping and when i explained to him that i am self employed and will make payment before month he continued to say no he is not going to grant me any extension on this account if i dont send proof of payment by friday 5th Jan 2016 he is collecting the vehicle on Saturday.

    • Do you really know this person is from Wesbank and that he is not a con man?
      Careful.
      Only a sheriff of the court with all the right papers can take your car.
      Tell this person to go away!!!!

      • Before anyone can take a car they need to have taken you to court. It does not seem like this has happened so they can only get the car from you if they trick you into handing them the keys or signing something.

  76. The sheriff is about to repossess my car. I have moved from my parents home last week and I got a call from my mother that the sheriff was looking for me. I now have the money to pay my outstanding debt to the bank. Do I give the sheriff the car or should I just go ahead and pay the bank?

    • Are you 100% sure it is actually a “sheriff of the court” and not just someone saying they are?

      Beware!!!

      Why not go into a branch of your bank and get written confirmation of any payment plan.

      Remember there seems to be a court order already in place. If there has never been a summons and court hearing then that is probably not a real sheriff of the court.

  77. A claming to be from Wesbank called me and said he wants to come and take my car cause am 3 months behind and he forced me to signed termination letter but i refused,can i sign with debts Management so that when the creditors call they will now that am under debts Management.

    • Hi Masana.
      GOOD FOR YOU!!!!
      Never sign anything you don’t want to.
      And Never give your car to a stranger even if you do owe the bank money.

      It would be a very good idea for you to contact a NCR registered Debt Counsellor
      (beware of any skelm debt “mediation” firms. Only deal with a NCR registered Debt Counsellor to get help with debt)

  78. Good Day I have a different question,I bought a vehicle in September 2015 financed by MFC, a 2014 POLO VIVO, my installment is R3000 for 72 months and a residual of R49000. I have never defaulted in the past 5 months I have had the vehicle. I think i was way over my head to purchase such an expensive vehicle whereby my salary is 9000 and the installment is almost half my salary before insurance! I can no longer pay for the car and have decided to stop making payments as of march. I dont know what to do please advise me on whats the best thing to do in this situation im in? Thanks

    • Never just stop paying.
      Paying something is always better than nothing.

      Please rather talk to a debt counsellor to help you restructure your payments with the creditor to a more manageable amount each month. They can also look into any possible reckless credit granting.

      • I have explored every possible solution to this awful situation im in but their is none. I talked to a salesman about trading the car in for a cheaper car but even that wont lower the installment as i still owe the bank more than the car is worth! im desperate but i cant afford a repossession and paying for a car for 8 years! The car has already made me poor in 5 months. The bank gave me a car loan when the the day before woolworths declined my application for a clothing account= Reckless lending.

        • A consumer can approach a Debt Counsellor and ask them to investigate reckless credit granting. They then go through a lot of hard work and effort to try get the creditor to provide the info needed to figure out if it MIGHT be reckless. The matter then needs to be taken to court (or NCT).

  79. I’m being arras by debt collectors that they are going to come and fetch my car to put it in safe keeping for 21 days. My question is are they allowed to do that. I have not been summons and according to my knowledge the only guy that can repo a vehicle is the Sherrif of the court. I told the people I busy selling the vehicle because I’m starting a new job where I will have a company vehicle. I should be given a fare chance to sell the vehicle not 2 days as I was told. Can you give me advice plaese.

    • DONT give them the car.
      DONT sign anything.

      If the bank want it they can go to court to get it.

      They will not store for just 21 days you will never get the car back if you are not careful!

  80. I have been in arrears with Wesbank and in January we can to an agreement for me to pay R7000 upfront and R7400 for 2 months and I negotiate with them for another instalment. I went back to the bank and I was told I should pay R6800. I explained to the bank lady that it was to harsh for me since I was now only owing R6100 in arrears and asked if I could they could spread it until I finish, they told me they could only spread it for 3 months in which I would be paying R6800. The only way I could meet up with this was to go and make necessary changes in my budget to an extent of even cancelling my medical aid to meet this. A collection agent phoned me and spoke to me as if I was a criminal and told me they are coming to repossess the car. I told her I have adjusted my budget and will be paying then R7000 pm instead to push for the arrears and she refused and told me I had made arrangements before so then can not accommodate me. I have not signed anything in agreement but all via telephonically. Please advise

    • You need to talk to a Debt Counsellor NOW.
      They can assist you in trying to protect the car and paying a more affordable amount to catch up.
      (and can help with your other smaller debts too)

  81. Good Day

    Can you kindly advise, my vehicle account is in arrears with R15K, have been paying the account monthly to settle the arrears amount. Now the collectors have been coming to my house saying that they want to repossess my vehicle. I refusee to hand over my car because I have made payments arrangements telephonically with the Bank. After my investigation I found that the Banks attorneys have court order stating confirmation of the termination of the agreement meaning I must return the car. Warrant of delivery of goods. They got Summons. I now have that R15K to settle the full amount thats in arrears. The collectors are telling me that i need to pay off the full amount owing on the vehicle which is R90k . I currently do not have such huge lump sum to pay off the vehicle and these collectors are telling me that i need to bring back the car. So my question is how can the Bank expect you to pay off the car whereas you are under the idea that you are settling the arrears only. Secondly how can the Bank attorneys get court order to terminate my vehicle contract without my knowledge. Thirdly can I defend the court order and the summons to be withdrawn through my attorneys assistance. Now I have the R15K to settle the arrears amount only. Can I pay it in the vehicle account while I fight this case with the Banks attorneys or? I want to fight to keep my car.

    • without prejudice

      It seems like they MIGHT have sent you communication about the summons and judgement to another address.
      Did you ever move without letting the bank know in writing (since you got the car)?

      If not: you can fight and try have the judgement set aside or rescinded…but that will cost you all the money you have to try catch up the account.

      It might be good to go directly to the bank and see if anyone can help.
      At this point it does look as if they have the right to take the car (as things may stand). The only thing that they have to do before you hand them the car is send a Sheriff of the Court and not just some collections lacky.

      The sheriff has to have copies of all the papers and positive id as a sheriff.

      If in doubt, you can ask someone saying they are a sheriff to meet you at the local police station to show the cops their sheriffs id.

      Another option you do have is to let the car go. Use what funds you have to buy second hand for cash and to let them sell the car on auction and then find out what you will have to pay (over the next 30 year) towards the car. Maybe you could offer them R200 a month or something at first while you get on with your life.

      Fighting at court is expensive so try go to the creditor direct.
      Remember though that even if they decide to be nice they are still going to hit you up for legal fees on top of what you owe them in arrears…which you may not be able to afford as well at the same time.

  82. How can I get these collectors agents of my back . For them to stop coming to my house wanting to take my car as they have that Summons because I am paying the account every month and I now have raised the full arrears amount owing. I want to pay it in the car account. Then continue with my normal monthly instalments. I do not want to terminate the contract as per the Banks attorney instruction given at the court. What can I do?
    .
    .

    • Remember a summons just means you have a right to go to court and oppose the summons (talk to an attorney about that).

      A judgement and then warrant is another matter.
      Even then they have to send a sheriff not just collections guys (who may be fakes/scam artists).

  83. i have an issue here im under debt review and my car was repossessed on the 7th of april 2016 by a non sheriff with no protection order.This guy came in my workplace and issued with an instruction and he was threatening me.Now i drove to the warehouse with him to deliver my car.Now the bank wants me to pay the amount in arrears and i cant apply for a loan.The debt counselling company told me i wasnt suppose to hand over my car but i did.I need to know what can i do to get my car back.Must i go and fetch it with a spare key ?please advise

    • Ah….sadly they kind of tricked you into falling into their plan to take the car and auction it off in a few days time.
      They will chase you first for money but if your Debt Counsellor can’t sort things out with the debt review department (i take it you have been paying your debt review payments towards the car regularly and have never missed a payment?) then you will have a problem.

      Ask the Debt Counsellor to make a call to the Bank involved and see what can be done.

      The DC is correct: consumers should never, ever (unless you want to lose the car) give anyone the car, other than an official sheriff of the courts – with id and court papers and a a warrant etc.

      Please: Don’t give anyone the car or sign anything!!!!

      Please keep us posted Mpho on how things turn out.

  84. Hi there,

    So I received a visit from tracers last year Sept asking me to handover vehicle and they were not with a sheriff or anyone and didn’t have official court documents so i refused with my keys and they left. I have been making payments to the balance but still have about R12 000 outstanding and pay what I can each month. I have just received this email and not sure if i should panick:

    Vehicle payment for the Ford Figo is in arrears, and Wesbank has handed the account over. Be advised that a warrant has been issued by the High court.

    We must meet with you and uplift the vehicle, no arrangements will be granted. Please advise as to where we can meet and uplift and the sheriff to serve the warrant on the vehicle.

    To disconnect the calls when called, does not help, so let me know please

    Thanks

    Please advise?

    • Question: Have you received a summons?
      Have you had a chance to go to court and defend the matter?
      (probably not from the sound of things).

      Have you moved (since buying the car) and not told the creditor?

      This may just be another new collections attempt by new attorneys or tracing agents.

  85. I have been unemployed for the past 6 months and my car is therefore in huge arrears. I was supposed to have finished paying the car end of this month (May 2016). On a recent visit to my mother’s house I received a copy of summons dated January which my mother said was left in her post box and were not signed for by any one. I have since tried to contact the relevant people as per the lawyers letter attached to the summons but with no luck. Yesterday I got a voicemail from someone from MFC collections department asking me to call them back, I tried calling back but was told that she is not in the office and no one can help me as she is the one who is handling my case. What I would like to know is, do I still need to deal with the bank’s collection department even though I have received the summons or should I be dealing with the sheriff and also what options do I have regarding the car going forward?

    • Hi Lee,
      If you have no way to pay for the vehicle and it looks like you will continue to have no way to pay for the vehicle your options are basically very limited.

      If however you can repay then it is a different situation.
      Especially important would be your ability to catch up all the arrears (so even if a warrant has been issued you can keep the car – see this article https://debtfreedigi.co.za/constitutional-court-ruling-on-sect-1293/

      If necessary just keep trying to contact them but remember to follow up any calls with something in writing as you will never have access to those call recordings so can never prove anything said to you on the phone.

      If possible try deal with the bank for now…In all likelihood though they simply want to come take the car from you to sell off on auction.

      To anyone else who loses their job: remember you can claim from your credit life insurance on your accounts (if you do so with the creditors within a short time period) this will cover some of your debt repayments for a number of months. If you leave it too long you will not ba able to claim.

  86. I just received a summons that was delivered to my old house yesterday. Luckily the people living there now passed it on to me. I am in arrears for my car but will be in a position to pay off the full arrears in a 2 or 3 days. I Can they still proceed with case if full arrears are paid up. Or do I still have to defend the case

    • Pay and then inform the attorneys that you have paid. If they don’t go withdraw the case (ask them to in writing – do everything in writing and with either video evidence or signed duplicates of everything) then you have to put in the intent to defend…(whihc should then go no where but is a pain). Never fail to defend yourself and your rights. Doing so now can save a lot of time and money and problems later.

  87. I had a visit from someone who said they’re tracers and came to repossess the car and I must hand over the car to them. My car is 3 months in arrears however I have been making monthly payments up until the 25th May. I asked to see the court order they claimed to have obtained from the court however they refused. I then asked to contact the finance company to ask why they opted to repossess the car despite my numerous requests to make arrangements to restructure the contract as the contract is coming to an end in December 2016.

    The legal administrator at the bank told me that they sent me summons and letter of demand at the address I gave them when I bought the car. However I since moved from the house and have no access to mails going there anymore. I however remained in contact with them and have them my new rental address. I refused to hand over the car and promised I’ll deliver it to them at birch mores.

    What is strange is that the motor finance company tells me that the contract has been cancelled however I’ve been receiving monthly statements from them. So I stalled the surrender of the car but I need to know what are my rights as I’ll be able to pay all the arrears within 3 days and continue to with normal installments however they refused to get into any arrangement and insisted that I surrender the car. How can I verify that these summons were indeed sent to me and also that there is a legal court order issued against me? Please advise!!

    • Who ever comes to try collect it will have to show you the stamped court order and warrant and more than that HAS TO BE A SHERIFF and not just a collections agent. They could be a con artist. That is why we have Sheriffs.

      Please feel free to video them from the moment they show up. You may need it for a fraud case if it turns nasty or evidence if they are a thief.

      Only deal with a Sheriff. In fact if someone comes and says they are the sheriff and you are not sure ask them to carry on the conversation at the local police station where they can help you check the Sheriffs ID.

      • Just to let you know that I managed to settle the outstanding balance (R95k) on the car. The gentlemen who came to repossess the car was rather dissapointed. I would like to thank you and your advise. Your doing a sterling job as there is no information on issues like this. Keep helping others.

  88. My car is about to be repossessed by the sherriff. I got the summons and unfortunately couldn’t go to court as I was in hospital. I then received a call from the bank MFC (using a landline from the bank) who then told me that I needed to pay the full balance in order to stop the car from being repossessed. Two days later I received a call from a guy who claimed that he was from the bank but he was calling using a cellphone number telling me that they have received a court order from High court and they need to send someone to come and collect the car. I told the guy that I was not around Johannesburg and will be coming back next weekend they can call me back then. Now my question is 1. Why would someone from the bank’s collection department call me if they have already been to court and received the summons? 2. Why would a second person call me and tell me that they have the court order, shouldn’t the car be collected by the sheriff and not someone from MFC?
    3. Why is this person calling me using their cellphone number and not the MFC number, could this be another debt collector?

    The reason I am asking all these questions is I do not want to find myself handing over the car to the wrong person who is not even the sheriff and who just wants to earn commission.

    • Only hand the car to a Sheriff with positive ID that shows he is actually a Sheriff. And then only if he has all the right documents including a stamped copy of the court order and warrant.
      Otherwise don’t give any chancer who shows up the keys…

  89. Hi; please advise we have received a summons because our bond is in arrears and my husband only got a job in May 2016 and we started paying our bond and asked the bank to debit the current bond amount going forward. But now we have summons and it states we need to respond within 10 days. Please advice as we dont know what to do now as we still have an outstanding amount of R42 0000.00.

  90. Hi, I was in arrears for five months and two weeks ago I paid R20000 and week later I paid the normal installment. Now I am behind with R13424 and today I received a call from a man who said he needs to uplift the car and store it away until I pay off the arrears and he will not accept any arrangement. I told him that I will be paying R8000 next week and then the remainder at the end of the month. I heard on the radio once that one needs a court order to repossess a vehicle and when I asked him if he had one.He said he can apply for one but that would work against me as the bank will then want the full outstanding amount of the vehicle. Can I ask him to apply for one as I know that by the end of this month I would have paid the monies?
    I don’t want to give him the car. Can they repossess the vehicle if they meet me in the streets?. He said I should also call him and tell him when he can fetch the vehicle as the wife was busy running errands with it at the time of the call.

    • Tell him no..in fact demand a court order (which is a long process).
      How do you know this guy has anything to do with the bank? He coudl be a con man.

      The whole:”store your car” thing is a cruel way of just taking the car from you and making you think you will ever get it back.
      JUST SAY NO!
      You do not have to give your car to a bank manager never mind some stranger making claims he is involved with the bank. DONT DO IT!. Deal with the bank.

  91. Hi I have please advise,2weeks back i received an sms that i owe Absa R4800 then i immediately called the call centre to make arrangements cos i had missed 2 months installments of my car we agreed that I will pay it on the 23rd of this month.now on wednesday I recieved a call from a lady saying she is from Absa Attorneys i need to pay R3000 by friday or else they coming to collect the car.i told her about the arrangement that I had made with Absa she said the matter has been handed to them.I must pay R3000 by friday or else they coming to collect the car she was very rude,she didnt want to give me a chance to speak.Please advise what can i do because I had already made arrangements for the 23rd now i get this

    • Did you get any written confirmation of the agreement with the bank?
      (probably not)
      Did you get a reference number for the phone call with the bank?
      They could draw the recording (which takes ages if ever).

      Maybe you should talk to a Debt Counsellor to consider debt review and protecting your asset.
      Beware of strangers who say they represent someone…how do you know? Did they send you any proof of who they are and that the bank want them to collect on their behalf?

  92. My car is 1and half month behind, the rude guy from absa came to take my car, I didn’t get any section 129 no summons, nothing just a sheriff who came with the warrant of delivery of goods. Is that even the correct process to follow?

    • How do you know he was from ABSA? Because he said so…beware!

      The right way (where a consumer doesn’t want to hand over the car willingly when convinced by some collections person or a con man) is that they send a Sect 129 letter (giving you the chance to go into debt review) then send a summons (which you can defend and go to court to make a payment arrangement) and then if a judgement is granted along with a warrant that a sheriff of the court come with all the right papers and his proper ID documentation.

      Did you tell the guy to get lost?

  93. Hi, please advise, my car which is in my company name, is in arrears for 2 months, I wrote an email to the bank with a offer or an arrangement to make 2 payments end of June, and another 2 payments end of July to bring the account up to date. This morning a guy from the bank’s collection department, which was copied on the email, also has a bank’s email address came and he wanted to take the car, I told him about the email and my request, he told me he knows about it and he is not accepting it, I also refused to give him the car without the court order, and I told him that he must get a court order before he can take it. Question is, do i have enough time to bring the account up to date?

    Thank in advance for your assistance

    • You do have time.

      If they want the car then they have to (1) send a section 129 letter suggesting debt review (2) send a summons if you dont go for debt review in the next 2 weeks (3) If you defend the summons they need to try arrange a summary judgment hearing (or wait 3 years instead if they dont) whihc you can then defend (4) if they get a judgment they need to get a warrant (if they get a warrant they have to send a sheriff with copies of all the court papers stamped and his ID and not some collections person. All that takes time.

      And at any point during all that you can bring the account up to date and the whole thing goes away.

        • In your contract document (everyone’s) we have all agreed to pay for those should they sue us (and win). The bank can ask you for reasonable funds IF the matter has gone legal.

          Each situation is unique so without further info i would say it is a strong possibility. Normally collections guys will try threaten you with these should you fail to give them the car without trying to defend your rights.

      • Morning,
        the steps here above are they what is required by Law?
        If the collector keeps calling me and saying they will go the legal route.

        Since I know in 5 days I will be able to pay the arrears on my account, can I simply say.
        Please send me the Section 129 letter first.

        thanks

  94. We had a credit Agreement with the bank,We paid the amount however part of the agreement was a residual,Unfortunately at the time when the residual was due we did not have any formal income, Subsequently the bank went an Obtained the Warrant for Delivery of Goods against us in 2011, For some reason they did not act on it. Fast forward to 2016 June, Somebody pitched up with the Copy of the warrant and wanted to Uplift the Car,They were not Sheriffs but agents, We negotiated with them to leave our Home subsequently we did ascertain with the bank that they are their represantative, We since approached the High Court and filed an Urgent application to Stay the Warrant ,We then send the Stamped Motion of Notice to the bank, We will be going to court in July,However they have stopped demanding the car, What i want to found out is what our chances as we made an offer to the bank to pay monthly instalment as we do have regular income now, The bank refused our Offer and they are Demanding the Full Amount,Do you think before we go to court must we pay some kind of Instalment or must we take our chance and present our Plea before the Court, Also we will be representing ourselves is the some section of some Act that we can use to Plea our Case?

    • It might be best to talk to some legal eagles before the matter (this may cost a little but the advice could save a world of trouble).
      The court does likes to see offers in writing (acknowledged) and payments taking place.
      Take copies of all correspondence and offers you have made.
      They tend to be somewhat kind to people who are trying to make a plan as opposed to those who simply run away.

  95. Hi, my Fiance is 1 Month behind on her vehicle installment with MFC and when you go on the website the state there that if you have a problem you can make arrangements with them, but this woman just told her they will take the car and is going to debit the account for 2 payments. she can only make one payment and the other amount in 3 installments, what can we do.

    • Send them the offer in writing.
      If you email it make sure you get a read receipt 9in case they later deny it). If you give it to a person at a branch get them to sign a second copy and keep it.

      If anyone comes to get the car be sure that she films them on her mobile phone and refuses.
      Just say NO.

  96. Hi I was with ADCAP and got a call from ABSA telling me that my contract was terminated with ADCAP but I wasn’t informed by the debt councillors nor the bank. Although I was retrenched I was still paying ADCAP and was under the impression all was well. I then started defaulting with Adcap who then terminated with me due to non employment. I got a summons and informed ABSAs attorneys that im unemployed and that I would like to hand over my vehicle. I today received a call from someone who set up an appointment for the collection. Is itsafe to do this?

    • Once you hand it over it is doubtful you will see the car again unless you are able to catch up all the arrears and the additional storage fees they will add before they auction it off.

      It sounds though like this is something you would like to do to reduce your debt. Selling a car on auction normally brings in 1/3rd to half of what you owe (each situation and vehicle is unique though so that can change). This means you then only have to pay off the remaining portion which will be less than you owe at present. So…no car but less debt. They will also make a very reasonable arrangement with you afterwards normally about the shortfall you have to pay off.

      Sometimes auctions go ok and other times really not great. It is thus always a good idea to try get more people to that particular auction to try buy your particular car to get a better deal. Even family members could go and buy the car…Hang invite the world if you can.

      AS you mentioned you were under debt review and even paying when you lost your job for a bit. That is fine. Once you miss payments though the debt review falls away and it is suffering timee and the banks will go for you if you miss payments.

      It is very unlikely that ADCAP would stop helping you and not tell you. If you miss payments they will have sent you an sms or letter soon after the due date to say you need to pay or things fall apart.

      I hope you have had a good chat with them.
      If you are under debt review and lose your job your Debt Counsellor will help you make use of the insurance built into your credit accounts to cover payments for a month or 3 (most). Always talk to your debt counsellor about any change in circumstance so they can help you or go back to court to change things to allow time for a job search.

      My advice is to have a good chat with your Debt Counsellor (ADCAP) and get advice even if you have stopped paying them/have missed some payments.

  97. Hi There,

    I just want to find out if this is legal as we have not received a summons and have moved in the meantime and still have to supply them with our new address.

    The settlement amount for the car was R52000.00 and we have paid on the 21st of July R20000.00, and only saw they sent the letter on email on the 15th of July, today.

    Help needed please!!
    Here is the email received from Wesbank Legal Dept –

    Kindly confirm the address where our agent together with the sheriff can collect the vehicle

    As we have obtained a Court Order and due to the amendment of the Credit Act the contract you had with the bank has been terminated, as we have the Warrant of Delivery in place to attach

    You will be required to pay the full settlement of the vehicle inclusive of all costs to prevent collection of the goods

    No further arrangements can be granted to you at this stage and we cannot reinstate your account back under debt review

    You are in default with payment hence we have instructed our attorneys to proceed with legal action

    Failure to comply with the court order will result in further action taken against you by the bank

    Hope you find all in order and please do not hesitate to contact our offices for furthermore enquiries regarding your account

    • Suzi, Best ask them to send you an email version of the judgement and warrant and then check in with us again.
      If you are still under debt review then talk to your debt counsellor. (Note: if you did miss any payments then you may lose the car here).

      Moving and not telling them yet might result in you missing the court summons and judgement which is why it is important to in a recordable and official manner notify all creditors when you move (hiding doesn’t actually help – it hurts).

      As to the comment about how they can’t put things back into debt review (unless they actually want to): A judge can (Section 86(11)) but that means it would have to be in court still. You may need legal advice on this one. Why not check out our service directory in the magazine (near the back) and contact one of the legal experts shown there?

  98. Hi, please advise we started a business and leased a property but then business succeed and we advised the landlord that we will move out and we did but then we had an outstanding R36 000.00 but now they have sent us a summons. We tried to speak to the lawyers that we cant afford to pay the whole amount and my partner tried to make an arrangement from his salary to pay them bit by bit but they refused and and said they prefer if we make an offer to settle. We dont know what to do. What else can they do, should we defend or what?

    • Always Defend rather than ignore. If you ignore the other party just get what they want and no one tells your side of the story (like how you want to pay in smaller installments).

      Other than that it sounds like a matter for some legal people.
      Maybe check the back of Debtfree Magazine in the service directory for some attorneys details?

  99. Good Day,

    Please advise my car was in arrears with an amount of R12 000.00 last month (August) which means I was behind by 4 months, monthly instalment is R2100.00,I paid R9000.00 at the end of August, I then received a call from ruthless ABSA guy wanting to come and take my car but when am trying to explain that I will pay the balance of that arrears amount by end of September he never listen to any of my one word or give me any chance to talk he said I must not worried by paying it because he is coming to take the car. I then said to him I need the court order first before giving the keys to him, then last night he came home to inspect my car if it has any dents or damages or if the license of the car has been renewed. And advised me that he need all this info for the court order. My question is can they take a car even I am in arrears for one month?

    • That guys sure wants to get a collections commission by convincing you to give him the car freely.
      YOU DO NOT HAVE TO GIVE HIM THE CAR!!!

      If they did send you a summons (yes they can for only one month but..what a waste of time and energy when you obviously are making such an effort to catch up. I would say their collections pressure has done it’s job so far) you can then settle the arrears prior to the court case (which would be a while later after you oppose the matter and they then try to get a quick hearing – all of which take time).

      Can i advise that you go chat with a Debt Counsellor since it does seem that even though you are catching up (WELL DONE) you are probably under a lot of financial pressure which is making your other normal running costs suffer. If you are not saving towards your next car service then you will have a problem soon enough (even if you catch up the car payments – which should be your main focus), have you saved towards your car licence, tv licence , next doctors visit…all that stuff.

      Maybe a Debt Counsellor can look at ways to reduce all your debt repayments to allow you to have a proper realistic ongoing financial budget.

      If you need any advice email help@debtfreedigi.co.za and we will try get you in touch with a reputable company.

  100. good day please advise my account is in arreas for two months, on Tuesday a security came to my house at 9. informing that a guy is waiting for me at the gate to collect the car. i didn’t go to the gate i told the guy that im i don’t know him so i see the guy at night. i haven’t received any letter from the bank what can i do?

    • Beware of conmen and thieves!!!
      Contact a Debt Counsellor quickly.

      Do Not talk to anyone like that and if they confront you video them on your phone and insist that they go away. Tell them you will not deal with them. Do not sign anything or let them near the car. Refuse to give them the keys (unless you never want to see the car again).

  101. I was parked at my place locked But the agent responsible for towing because I got message SMS say that they tow my Car,I have two keys with me.what should I do please advise

    • You now need legal representation. Please check out the service providers under the legal section in the service directory at the back of each issue of Debtfree Magazine. They can assist you with the next step.

  102. Gooday,, we have challenge with my mother’s Wesbank account,,Since April 2016 she was not in good health condition since our father passed away….She even resigned cz of her condition,, her last payment was may 2016..I tried as a daughter to call wesbank to try to arrange with them they told me my mother need to call so that they can put me as third party but I asked them hw can she call bcz she not even mentally fine?Up until when she got better August 2016 she phoned them they managed to put me on the system as responsible payer,, when I call they told me we hv R30 000 arrears which I hv to pay immediately….I wanted to pay arrears but someone from Wesbank phoned and said to me,,I don’t hv to pay arrears cz my mothershe is not in good condition to drive,, the only thing cz the car is with me they hv to come & assess the car with me…so that they request court order to repossess the car …My mother she is fine now,,is just she is unemployed but as daughter I’m willing to pay arrears….I’m confused,,,What can I do now , can I pay or leave cz they said they is no use of paying arrears…Unless I settle account in full..

    • It would be ‘best’ to bring the account up to date to avoid giving them a reason to try take the car..
      Pay off the arrears and keep payments up to date and they will have no reason to try take and sell the car.
      Do not delay if you want to keep the car.

      Collections people may come and ask you to sign stuff. Dont..unless you want to say goodbye to the car.

    • Pay to avoid any legal action.

      Also check with them that they have the right address to send legal papers to as this is something people often forget. You don’t want papers going to the wrong people.

  103. Can I go under debt review if I am not employed by a company, but get a regular income from selling stuff. Different amounts but still regular?

    • Yes you can. A good Debt Counsellor will work with you to look at realistic year round figures and then work out an average figure which can be saved towards each month.

  104. Hi, I would like to know how can I protect my car. I was with Debt councillors but had to cancel them since they were not paying my accounts but the installments were taken from my bank account. My Wesbank acc is 6 months in arrears. I called and told them what has happened & I asked for time so that I can raise the money she agreed but a week later got an sms from a guy who said he is now handling my account. I asked him to wait for me up until the 25th of October which is next week but he said to me “I am sori to inform you but we need to collect the vehicle there is a warrant of delivery court order to collect the vehicle, if you want to keep the car you will have to pay the full account no arrangement can be made, please confirm your address.

    • Did they take you to court? Did you get a summons?

      If not, then it is possible that you are being lied to and no such warrant actually exists.
      It may be that a collections agent just wants their commission.

      DONT give anyone the car unless you want to say good bye to it forever.
      DONT sign anything
      Video anyone who shows up saying the are a sheriff
      Ask them to come to the local police station with you to check their Sheriff ID and to check that any court documents they show you are stamped and dated and legitimate.

      PS. When you say that the Debt Counsellor did not pay over funds this is weird since the Debt Counsellor never touches the money. You pay the money via a Payment Distribution Agency to your creditors. This menas that the Debt Counsellor is not involved. It is a pity then that you left debt review without getting that situation sorted out.

      Try to hang on in their till you can pay and then pay whatever you can to catch up. Don’t give your car or car keys to anyone. A sheriff can have the car towed without your consent. If they are asking then they are probably either a con man or just a collections agent. Beware!

      • Good day
        I manage to pay half of the arrears amount, a lady from the bank sent an email telling me I should confirm my address and they have abtained a Court Order and due to amendment of the credit act the contract you had with the bank has been terminated,as we have the warrant of delivery in place to attach, no further arrangement can be granted. please advice..what should I do?

  105. Hi I just spoke to MFC and asked them to skip a payment was told no reason for them to allow it. Spoke to the collections and arrears apartment and was told I must first be in arrears to make a arrangement. Sending my debit order back this month really struggling. But will make normal payment end November and double payment in December. Can they repo my car if only one month behind. …

    • They normally wait until you are 2 months behind before sending you a summons to take you to court to try take the car.

      Missing a payment is never a good idea though.

      Perhaps you need to chat to a Debt Counsellor for some budgeting advice.

  106. I bought a vehicle with Absa in October 2014. In May I was in arrears for three months so when the tracer came to fetch my car I requested a court order. He left and told me one would be out in August 25. I paid the outstanding amount on the 19th of August and was short on that month’s installment by R1800. I have not paid my September and October instalments as I have been struggling to do so but am expecting a lumpsum on the 31st of October, which will enable me to pay the outstanding amount of R12 000 for the two months that I have missed. The Sherrif pitched up yesterday and she presented me with the court order to collect my car. When I asked if I could pay the outstanding amount on the 31st she said no, my contract with ABSA had been terminated and they will only accept the full amount due on the car which is R257 000 and not the two outstanding instalments. Can they do this? Am I not given a few days to get some cash together to settle the outstanding instalments so that I can get my car back? I gave the car to the Sherrif because I did not want to cause a scene in a public place. I did not sign anything, I just took the court order.

    • There was a court case where the court enabled the consumer to correct the default and prevent the sale even after the sheriff repo’d the car…but it was a big big fight. The car will now be put up for auction and will be sold and you will be liable for the shortfall. I think you seriously need to consult an attorney (check the back of the Debtfree DIGI magazine in the Service Directory Section under: Legal)

  107. So I won’t be able to get my vehicle back? Can they terminate my contract with them even though my account was paid up by the time the court order was issued? I paid my outstanding amount on the 19 of August 2016 and the court order was issued on the 25th of August 2016.

    • This does sound like you could get some legal assistance to have the matter rescinded. Check out one of the attorneys in our service directory section for assistance. But don’t delay!

      • Please help
        We bought a car March 2014 due to problems we fall in arrears.We pay in July R15000 arreass outstanding was R6000.I see on the statement there is now attomeys fees included.The sherrif did come last night with a court order that he needs to take the car.We never recieved any summons that we must be in court….yes we move can you please help us what can we do to get the car back.Please give me adviae please is there something I can do

        • Was it a sheriff or just someone who wanted to take the car (a collections agent)?
          Did they show you the warrant (stamped from the court)?
          Did you film them on your phone?

          • Yes I did pay it and it was the sherrif did have a court order the bank says our account is close is there something I can do

          • If you can pay off the arrears and find a good lawyer (which costs) you could maybe save the car. Or you have to just let the car go and move on with your life as best you can making use of other transport methods.
            (once sold the bank will ask you to pay towards the remaining amount of money owed on the car. This can go on for up to 30 years so they are happy to take small amounts of money toward the costs every month because they add some interest throughout).

            Sometimes you have to fight (then contact one of the attorneys in our service directory section of the magazine) and sometimes you just move on and let it go.

  108. i bought a vehicle lat year 2015 financed by standard bank, i am in areas for 4 months and was planning to pay everything(arrears) and put my account up to date, by this Tuesday i got an sms from the bank reminding me that i am in areas and that they issued me with judgemnt so this friday i got another sms saying that they have issued judgement and warranty and they are sending someone to fetch the car or i must pay the full amount of R160 000 and not just areas , someone did call me to say he is coming to fetch the car but i manage to convince him to come on Monday rather, so tomorrow i raised money to pay areas, if i pay areas could i be saved or i have really run out of options at this point? Really wish to keep this car

        • So they could be lying? Maybe you could ask them to send you a electronic copy of the Section 129 letter, summons and court order and warrant? Maybe call their bluff…

      • today i was talking to the bank they say theyv been sending me summons which i never did i asked them to send me a copy wen i looked at the copy there apears a wrong address thev been using….what can i do as the letter never reached me because of the wrong address they used. i still have the money to pay arrears with me.

        • If you gave them that address at some point and never sent them a registered letter or got them to sign confirmation of your changed address the notification address could well be valid (even though you have moved).

          • Never moved it was a totally wrong address i managed to negotiated for them to reinstate the contract and i keep my car but i had to pay R42000 towards car installment… it wasnt easy but at least i get to keep my car.. thanks a lot for the advise i am never missing the installment again.

  109. The Sheriff did come to my workplace to repo the vehicle and i signed the docs, but the vehicle was not with me during this time. Got a call from W.J Legal to repossess my vehicle, however they advised that they will send someone over to repo it. They also advised that the vehicle can be stopped anywhere by a camera mounted vehicle and the vehicle can be repossessed. Can they do that and what are the legal implications to me.

    • WJ Legal is not the name of a sheriff of the court is it? Sounds like a collections agent. The sheriff will show court papers and positive identification.

      If any stranger stops you and asks for the car you can hand them the keys and they can ride away. The legal implications of giving a stranger the car is they get to take it away…

  110. You change your address they send summons to the old address that the next moment the sherrif stand infront of you new address with court order he needs to remove the car.What can you do please give advice.

    • When moving take a letter to your creditors (especially ones with assets involved) and get them to sign a copy of the letter showing your new address. You can also send a registered mail copy to notify them.

      They can find you at the new address but like to send papers to the old address unless you told them officially about the move (as required by your contract).

      If you did tell them and can prove it and they take action then you can get legal help to try get things overturned but…that costs money and if you don’t have money to pay for a car then will you have money for an attorney?

  111. My car got repossessed in November 2015 by a so-called sherriff who mainly operates in therror Pretoria East area. He brought in 2 guys with him to take the car to some location for safekeeping I got a text from Wesbank notifying me where the car was and telling me the car was going to sell for 85k. I tried to arrange to pay half that money but theven lady insisted that they will need a full amount. The car was eventually gone and then I never received any communication from Wesbank. When I tried contacting the lady who had a Cape Town number she then gave me a number in Joburg to call. The guy told me the car sold for 137k. I saw the car on Gumtree selling for just over 200k earlier this year and when I tried to find out from this guy he didn’t have answers. The bank has not registered my account on Transunion as a repo and I still love owe the car close to 387k almost the amount of money I bought the car with. The car was bought in 2012 and was repo’d last year. When I also spoke to the Wesbank guy about how much the car sold for etc and wanting to find out why they have never sent me any information regarding the sale of the car he claimed he had sent me numerous emails. I then asked him to forward those emails and gave him my email address and I am still waiting. I want to report this matter to the ombudsman of banking as the bank has withheld information concerning my escalating debt and have paid no mind to supply me with answers. My debt hasn’t been updated on the credit bureau so it looks like I still have the car. How do I lay a charge against wesbank for this. I am entitled to know and demand papers they filled in for the sale of the car.. how much it cost them and why have they not updated that info on my credit.

  112. My son has not received his salary from his company for the last six months and they refuse to give him a retrenchment letter. He is now in arrears with his vehicle which I would consider paying. My concern is, should his vehicle be up to date, but his other debt in arrears, can they repossess his vehicle to cover the other debt?

    • He needs to maybe go to the CCMA to address the issue. With a retrenchment letter, he can also claim on his credit life insurance on his debts so that they cover his payments for several months (normally 3 but sometimes more) while he looks for new work.

      For another creditor to get their hands on that bank’s car (yes, it belongs to them or at least the debt does) is almost impossible.

      Sounds like he could qualify for a special type of debt review (86[7]b) to offer him some payment relief for a few months while he gets a new job.

  113. hi. my husband was in arreas of R37.000 and the wesbank phoned him and said they are sending people to take the car on monday until the arreas are settled. on friday when we phoned them to make the payment of arreas they said we will only get the car when the total settlement of R210.000 is being paid. is that fair?

    • They are collections people in all likelihood. They want their collection commission. Only a sheriff of the court can just come take the car and only after you have been to court.
      Try contact the credit provider directly or send a written offer to those people after asking them for their collections mandate to make sure they are legitimate).

  114. I’ve been paying my car for almost 5years lost my job just before my last payment which was suppose to my settlement,recently I called the bank to settle the account they are taking back & forth instead they say insist it shud have been repossesed ,all I want is to pay my last instalment & get my car papers, but they seem not willing, now I went to renew the disc they say its registered as Repo..I never had a sherrif,or court letter nothing.what can I do

    • If that happened a while back then you should be able to make a settlement agreement. Try to do everything in writing and not just to a consultant over the phone. They obviously can’t just repossess the car without jumping through all the legal hoops. be sure that they have your current address though if you have moved since you took out the credit. If you have moved be sure to send them a registered letter saying so and keep proof that you did and a copy of the letter you send. This prevents them sending weird legal documents to your old address.

      • Hi there, I would like to know, I have an arrear amount of R7000 with MFC and have now been contacted by a debt collector demanding I pay R8980 witin the next 2 days as they’ve been instructed to collect my vehicle. I need to know what my options are, I ‘ll be able to pay the full arrear amount by the end of this month only though. Also I have requested a breakdown of fees from the debt collector so that I can see how they’ve come up with the amount, can they make such a demand for quick payment, what rights do I still have available ?

        • Until they take you to court and get a judgement and then a warrant and then send the sheriff with all those documents the car is yours. You can pay when you can.
          How do you know this collections agent is even legitimate and not a scam artist? Cause they told you so? Careful!
          The collections person wants a commission and will try get you to pay or hand the car over. You do not have to do either till you are able or forced to by law.

          AS to whether they can demand things (even unreasonable things)…anyone can. And you can chose to ignore them.

          Chase them away and make that payment as soon as you can (and make sure you have proof of the payment).

  115. good morning,

    my husband bought me a car with bmwfinance and missed payment for 2 months and this should be the third month .I got a call from the dequar on the 7th of January 2017 saying they want to repossess the car I have made an arrangement with them to settle by the 13th but unfortunately I haven’t been able to come up with all of the 33000 I have managed to come up with 23000 so the lady contacted me today which is 16 that she needs p.o.p by 12pm today . please kindly advice what my .options are at this point as she is threatening with a court order. if I manage to come up with all of the money by Friday the 20th of January 2017 by then would they have already arranged for the court order and since the car is nt in my name but my husbands and is currently working overseas please advice what my options are , im in awe panic because I want to avoid this repossession or court by all means.

    • It is very doubtful they could have a court summons in place so quickly if they have not sent out a Section 129 letter (which offers you 10 business days to contact a debt counsellor or pay).

  116. good morning,

    my husband bought me a car with bmwfinance and missed payment for 2 months and this should be the third month .I got a call from the dequar on the 7th of January 2017 saying they want to repossess the car I have made an arrangement with them to settle by the 13th but unfortunately I haven’t been able to come up with all of the 33000 I have managed to come up with 23000 so the lady contacted me today which is 16 that she needs p.o.p by 12pm today . please kindly advice what my .options are at this point as she is threatening with a court order. if I manage to come up with all of the money by Friday the 20th of January 2017 by then would they have already arranged for the court order and since the car is nt in my name but my husbands and is currently working overseas please advice what my options are , im in awe panic because I want to avoid this repossession or court by all means. pls help

  117. I was so relieved reading all these problems other people are having and the advices you gave them. Yesterday I received a call from the bank, I am 8500 in arrears. She asked me why my account is im arrears and i told her that i had difficulties to pay last year because i had financial problems. She asked me how much will i be paying on the account i said that i can pay 3000 extra month end and settle it on 15 of February. She just said ohk she will make a note. Few minutes later i received a call from a guy saying he is coming to collect my vehicle. I was shocked and told him that the lady i spoke with earlier did not mention anything abt taking the car as i thot i have made arrangements for the 3000. The guy became rude and insisted on coming for my car. I told him i dont want the embarrassment of him taking my car and that i will hand it in my self at their place, aim was to see where my car is going. Then i told him i have moved from my home and am now staying in another place in mamelodi, i was lying of course just to buy time. Then i told him that i am trying to get 8000 from some1 before end of the day and will pay the arreas the next day and told him if i cant raise the money then i will hand in the car myself. He then agreed. What was strange was that when i asked him how much will be added on my arrears if he collect my car, he could not tell me. I asked him how much will i be charged for that storage, he could not tell me, he said between R25 and R30. I asked him daily? He could not say,;saying he is not sure. He said that storage will be better than the interests i am paying monthly if the car is with me. All this became suspicious to me. I called a friend who told me that i would br stupid 2 hand in my car. I then tried to google what will happen if i hide my car at my parents place until i make payment in 20 days time. Then i came across this site which gave me comfort and a lot of answers by reading other people’s problems. I will be able to pay 5000 today which i will send proof of payment with request for arrangement for the 3500. Then will pay 2000 before month end. I will be left with 1500 which i will send a letter to the bank requesting to pay it on the 15th of February. I will in the meantime tell the gentleman that i will wait for the sherif with court order to repossess my car for 1500 which i will defend in court after i would have paid it off. Thank you for putting me at ease. I will shock the gentleman by asking for section 29 and sherif when he calls me 2day. Thank you

    • It is empowering to educate yourself about any situation. Well done on doing so.
      We are happy that you won’t be falling for their collections tricks and will be settling up your arrears soon.

      The banks lend out money expecting us, as the consumers, to pay it back. So, it is good that you will be paying them what you owe them. They will definitely be happy that you do so.
      Well done on making a plan and not just making the mistake of handing the car over (which is a tragic mistake).

      Other readers should note that: Even when a car is handed back to the collections guys, interest on your debts still runs. Even once a court order and judgment is granted, it is done so with interest. There is always interest!!! So don’t fall for the comment that storage fees are cheaper than interest..they would be in addition to the interest. Sneaky collections man!

  118. My case is a bit different as my car is a rent to buy.

    I switched banks and my current bank called them to give them my new details they refused and said I need to go to it personally. I didn’t get time to go yet so I paid via EFTon January28, unfortunately made a mistake with the reference. The funds were misalocated but I spoke to my account manager and she said its nothing to worry about-she will fix it. I also told her that my salary date has changed, do i need to go change that personally also? She advised that debit orders run from 25th till 1st, I dont have to. On 10th of Feb the car was collected due to non payment of rental. I did not even get to sign it over as they went straight to parking and took it. I was later told sorry the mistake was on their side but there is another R1000 I owe anyways so the car will not be released without that.was I not supposed to be invoiced and notified for that in the first place?Now I need to be the one who finds time and go collect the vehicle, pay for it month end even thought I didn’t use it… because ive got an ongoing contract. They do not have drivers to bring it back. The car has been seating with them for 6days, I want to cancel my contract with them but need to make sure I am on the right track and that I understand my rights.

    Thanks

    • So, basically your bank refused to help you in time and the rental company genuinely did not get their money on time as per your contract requirements. Now because of these errors on your side (and the bank’s), the rental company are charging you an extra R1000 in fees and as a result, you wish to cancel your contract.

      If you feel you will benefit from canceling the contract (you will probably still have to pay the outstanding fee and whatever else the contract requires) then that should be your choice. Normally there are some sort of early cancellation “penalties” for leaving a contract early so be sure to read yours and see what it is going to costs you extra.

      As to whether they should invoice you etc it should be shown in the terms and conditions of your signed contract. Please have a look and let us know what it says about this situation.

  119. Hi I paid last in November and I am in arrears on my car repayments. I was told that a summons was issued but I did not receive this. Now I am told that a court order has been issued and I need to hand the vehicle in or pay the full outstanding amount. I made them an offer of R20K and they refused it saying car or full outstanding amount. Is this right? Should I give my car to the agent as he said he can bring the sheriff with him.

    • Please advise me as I need to hand my car in today. I received a copy of the court order and Wesbank has cancelled the contract with me. I am not sure what to do. Please help urgently.

      • Was the court order stamped and dated?
        (if not it is just a piece of paper that looks somewhat official).
        More than that was it a warrant they sent you or just a copy of the “supposed” court order?

        • Hi yes this was stamped and dated 26/01/2017. The thing is now my car was involved in an accident. Its was with a towing company and the sheriff went to the towing company and told them not to release the vehicle to anyone and left a copy of the court order with them. Is this legal that a 3rd person can receive my court order. Till now I have not seen any original documents. I have been in contact with the tracer and informing him of whats going on. Can the court take the vehicle from the insurance whilst it is still under assessment?

          • If there is a legitimate court order & Warrant the Sheriff can pretty much do what he likes. A collections agent cannot!

            It seems you should talk to one of the attorneys as shown in the back of Debtfree magazine in the service directory in regard to what to do next. Your question is a good one. Is that document they show binding on the insurance or towing people in any way? Does it mention them at all? Probably not.

            Remember if you do not pay then your contract says they can go to court and get a judgment and warrant and then sell the car on auction. The law also says if you pay up the arrears you can get the car back etc.

  120. They also tried their luck luckily we where clever and told them to go away, cause they do not have the legal documentation. I was 7 months behind due too being retrenched and started working somehow they Wesbank changed my debit order too cash payment. So what i did is put down 2 months payment on the car plus some extra. I tried calling Wesbank to arrange a repayment ootion refused put me straight into contact with the collectors who said i need the pay the whole 7 months at once, forgetting i have already payed 2 months of the 7 months in that is not reflecting on the statement.

    • Well done on starting to catch up. If you wish to keep the car then you need to drag your arrears balance down to R0 as fast as possible. This can be a huge challenge but can be done with some good planning and big sacrifices elsewhere.

      Keep up the good work. The bank doesn’t want another repossessed car they really want your money/instalments.

  121. I need assistance – the bank wants to repossess my car due to insurance payments. I have kept up with my instalments but they added insurance due to the fact that I didn’t update insurance documents, they claim I have arrears on insurance though I have submitted insurance documents. I have recently been issued with summons and I don’t know what to do.

  122. Hi there, my car has R35 000 arrears on it for about 9months. I made a loan at work but its taking longer than we anticipated to be paid out. We advised ABSA that we will pay the arrears in full when we recieve the money because its approved already and they say they wont wait anymore, they are coming to collect the car, they will keep it for us until we can pay the full arrears then we can get the car back. Is this legitimate or are they just tricking us into handing over the car then they wont let us have it after we’ve paid the arrears. My gut feeling says we should not give them the car as yet…

  123. im i arears for 8 months on my car due to retrenchment. ive had guys calling me and told them i am not employed and was always trying to make payment arrangements but they would always tell me that its either the whole amount owed or the car.
    the other day i had another guy calling me and sending me a “front page” of a summon?warrant and he demand i give up the car.i have never received any documentations from the bank or anyone, he still says i should surrender the car to avoid being blacklisted because if he involves the sheriff thats basically what it means. i told him that i have never received any warrants/summons ad he told me its already there and a :section 123 or something like that”being issued against my name. He keeps saying i should sleep on it and call him, sometimes he would give me a day or two, so my question is if all these documentation has being issued why are they not being send to me or get the sheriff involved. i really need the car and im almost close to being able to pay my installment
    1. if i get the money would i be allowed to pay the arrears and carry on with my installment or i HAVE to pay full amount outstanding on the car
    2. if ive never received any document, should i give them the car if the sheriff comes.
    3. can you please tell me the correct procedure leading to repossesion (docs to be send in order, etc)

    he said he will call me tomorrow to know if he can come collect the car, what should i tell him since ive seen you advising against giving tracers our cars

    • Tough situation. I hope you manage to find permanent employment soon.
      Whatsapp pictures of supposed papers are meaningless. They need to be served the proper official way by the sheriff.
      Rather involve a sheriff than give your car to a scam artist who runs off with it.

      Legal documents have to be done the proper way via the court and you should get copies via registered post and the sheriff like a summons etc.

      1) You are welcome to pay your creditor as much as you want. you owe them. The bank wants your money and not the car (not really). The collections agents want as much as they can get so they get commission or they want to collect the car so they get a R500 commission (or something like that). Collections agents like to force you into this corner and make you panic and hand over the car.

      2) If a sheriff comes film them on your phone and ask to see (1) their ID (2) the juedgement (3) the warrant – make sure all are signed and stamped by the court. Get it all on your phone. A sheriff can just take the car he doesn’t have to ask…if he really ahs a warrant.

      3) A section 129 letter advising you talk to a debt counsellor, a summons then if you defend the summons a summary judgement application and you can go to court for that. Then if you lose that a judgment, then a warrant and then…they can try send a collections person who can be ignored and eventually a sherrif. They then sell the car on auction and ask you to pay the balance (in the next 30 years). At any point along the way you can pay up the arrears or the full amount to make it all go away.

  124. Hi
    Thank you for all the information you’ve given I would like to take the argument further, I would like to know what happens if you’ve missed all the documents you spoke about and you did not know due to lack of information,
    1 – is it legal to change the information at the traffic department
    2- being unaware and not returning the car is there a stage where they can list the car as stolen and you become criminally charged

  125. Good day.

    I was under debt review for almost a year & it was cancelled due to not getting payments in time. I am trying to apply again for debt review but every time they tell me my car will be excluded since it is in arrears. Wesbank send me an email saying they cancelled my contract, I need to hand over the car or pay the full balance. It is now handed over to the collection company. I am trying to raise the whole arrears amount which is about R40k but they dont want to give me time. The balance is R80k. The guys came to my work place & home harrassed everyone saying they are here to collect my car,they embarrassed me by telling everyone my private stuff. Unfortunately I was attending training, they couldnt find me. They claimed to have a Court Order. This morning I sent an email to the bank telling them I need time until friday(Month End) no reply yet. The collection guys are still calling me. What should I do?

    • The same as below (in the comments). You only HAVE to give the car to a Sheriff with all the right papers and ID. The bank wants the arrears and not the car really. It is only the collections guys who want the car so they can get commission.

      • Hi, I received an email from Wesbank saying that a court order was granted and my car is attached for delivery. Please help me what steps should I take. They say it was granted in Sept 2016 but a Sherriff hasn’t come to my place only the collection guys. I am trying to raise the arrears amount, I just need some time. Will getting a lawyer help in the matter? if you know of any that can assist please help me with their details.

        Thanks

  126. Hi I need to query a summons received today. I am in arrears R16000 after I had made a payment of R4500 yesterday. I need to know if I am able to pay the balance by getting assistance from my company before the court appearance can the creditors still file for judgement?

    • I also need to state that they issued a section 149 through registered mail which according to the letter received today is still sitting there and was not collected we have tenants so there may be a possibility that it was taken but I did not receive it to collect what everin was sent to that post office so I won’t make it an issue I guess but how does me trying to seek help to get the amount paid before my court date?

    • It might be wise to inform the attorneys that you wish to oppose the matter. They can talk you through how to hand in papers saying you want to do so (at court). It is a bit of a story but will help buy you some time.

  127. I bought a car in 2013 and my monthly instalments is 4 500 and i had a situation at home and could not pay as promised but im paying even last week i paid 10 000 and this week im contacted by some people are saying i need to hand in the vehicle since in owing 15 000 arrears i then went to the bank to pay and was told that my account is been handed over to some people and apparently the number they gave me was the same number i have been receiving calls from. Absa told me that they cant help me. So this person does not identify herself but need the car I tried negotiating that i will pay they said they want the car as the is a warrant issued against the car otherwise they will report stolen and it will have S MARK which will make me arrested when found driving it. or i must pay the remaining balance of 100 000 the bank. my last instalment is in 2018 December but they don’t understand i told them that is not like i cant pay i continue with the agreed to pay all arrears due to the car but they are refusing they told me that they will send someone to come fetch it and it will be stored and evaluated then after 10 days failing to pay 100 000 they will sell it.

    • DO NOT give anyone your car (unless you never want to see it again).
      DO NOT sign anything
      DO NOT give anyone your car to store
      DO NOT give anyone the keys
      Ask for the court documents and do not negotiate with scare tactics.

      If anyone shows up, video the whole thing on your phone and send them away.

      Please do make those catch up payments asap.

      • Hi Evan

        I have been behind on my car payments and have defaulted for 4 months, however I only tried to make arrangements with Wesbank telephonically and they want to send an agent to come collect the car. I told them that I can pay the arrears amount on the date I get paid, the 25th of May, but they said no. They also said that if I do not do as they say, they will issue a court order and that i will never get the car back once the court rules in their favour. what do I do?

        • Once that payment in made then they should have no problem with you (often even if a court date is pending). If they are still talking about court but have not sent you anything then they should be happy with payment.

  128. I bought a car via my company and I haven’t been paying due to financial problems, so I got summons today… what should I do?

    • Pay up the arrears as soon as possible.
      Or enter debt review to reduce payments on other debts so that you can pay up the arrears on the car.

      Also go to court to defend the matter. Your defence can be a plan to bring the account up to date. The magistrates like that.
      Don’t ignore it.

      Get a debt counsellor or attorney to help you (even the attorneys who sent you the summons can help you submit the needed court papers at the right place)

  129. Hi There. My car finance is with ABSA bank. A family friend offered to take over the car instalments. A collections agent from ABSA phoned and said that they have not received payment and there is an amount of R21000 in arrears. He said a letter was sent to me stating that ABSA cancelled my debt review. I explained to him that I never received this letter and why has no one contacted me? Surely if you miss 2/3 months payments ABSA should contact you and make and enquiry? I explained to the agent that I am battling to get a hold of this person to find out why he has not paid, only for ABSA to tell me that they are going to lay criminal charges against me for theft. I asked if I could make a payment arrangement to pay the arrears off and he said NO, he wants the full amount. I told him I do not have R21000 laying around. I am a single widowed mother. He then sent me a “credit information” document to fill out. This form asks for all my information, list of furniture etc, breakdown of my expenses, and then at the bottom amount I agree to pay every month. Im too scared to sign this. I have not filled this out as I have applied for debt review. Any advice.

    • Since debt review is a legal process these people should talk to your attorney or Debt Counsellor. They cannot and should not deal directly with you unless they are trying to trick you into something…

      • I am now officially under debt review. However, the debt counsellors told me that there is no guarantee that ABSA will accept my 2nd debt review application because the first one was cancelled. Even though the debt counsellors still debited my account 1 June. The guy from ABSA was just here at my offices and told me that me being under debt review will not help me and he wants the car immediately. I told him I am not handing the car over if I am under debt review. He said he was now going to proceed to lay a charge of theft. I then phoned my debt counsellors and they in turn phoned this person. My debt counsellors said that at the moment I am looking at a charge of concealment because I will not give an address where the car is.

        • Only a sheriff of the court (they will have id and all the needed court papers) can take your car. Anyone else could be a thief, conman or worse.

          If there is a court order (and subsequent warrant) then when a sheriff comes he will be allowed to take the car.

          If there is not yet a court order then you would like the matter to go to court so you can make an 86(11) application to have the car put back into your current debt review. (so court can help resolve the issue).

          • Thank you so much for your assistance. I have been having heart palpitations and sleep nights over this. I spoke with my debt review counsellors and she said that the application for debt review has been sent to ABSA bank which will take approximately 2/3 weeks to get an answer from them. According to my debt counsellors the guy from ABSA has instructions to retrieve my vehicle on the basis that my previous debt review was cancelled.

            I have not received any form of court order from the collection guy from ABSA. As I told him, he must speak directly to my debt counsellors because everything is with them now. That’s when he started threatening me that he will proceed to lay a charge of theft against me.

            Right now I am waiting for a response from my debt counsellors regarding the outcome for my application to ABSA.

          • Collections guys get a commission if you hand a car over. Do they want things to go via a debt counsellor? NO…
            They can be deceptive at times or even threatening.

            Next time, take out your phone and video the whole thing (if they show up again).

  130. I Need assistance. I got a call from a guy he has emailed me the copy of the court order. And I had not received the summons I stay at school and go to my home after three months they might have sent them while I’m away and there is no one in that house.
    The bank has cancelled the contract and I’m only on arrears with R2800. but they say by the time I settled the account the court order had already been issued. They want the full settlement regardless that i only owe R2800
    how do i get the contract reinstated? or do i just hand over the car?

    • Is the emailed court order stamped? Can you read it clearly?

      Regardless only a sheriff has the right to remove a car and only if he has a warrant to do so (not just a court order). Settling the arrears would potentially sort out the problem.

  131. Good day can someone please help me with this matter. Today I was pulled over by repo guys. A car behind me and one stoped in front of my car. I thought it was a highjaking as I was on my way to work on a dirt road.
    One of the guys said we did not make 2 month instalments on our vehicle (Rent to Own) and they are taking the car. Fastlane Repo Team.
    I told them that there is a mistake as we are paying the car every month. I phoned the agency and the lady said no payments was received for end of April and May.
    I told the lady I will forward proof of payment to them.
    The Repo team took our car not wanting to hear anything.

    I send proof of payments through and this company relocated the funds to another vehicle and not ours.

    After 5 hours and me fighting with compony to sort out this mess they brought our car back.

    My question is do they also need a court order and sherif for repo or not.

    I want to take this matter futher as this was so embarrassing as other people from the plots came where they stoped and parked me in to find out if everything is in order and I had to ask someone else to take me back to town.

    • You are fortunate they were not scam artists and took your car.
      Rule Number 1: Never give your car to anyone!!
      Rule number two if they have guns…give them your car and ignore rule number 1

      If someone wants to take your car they can go to court, beat your defence in court and then get a court to issue a warrant and organise to have a Sherriff come and collect the car. That is the required legal process…unless they convince you to give them the car without all of that.

      (… they can also pull this trick they did with you and trick you into handing over the car..which you did… You gave them the car, that’s all that happened regardless of who they were. Rather than take the matter further focus on keeping payments up to date and remember this incident in the future. If anything like this ever happens again..take out your mobile phone and video the whole thing and don’t open your door. Don’t get out the car -refer to rule number two- and don’t give anyone what belongs to you)

  132. Hi

    Im currently under debt administration however last year September I filled out a 17.3 to give to my creditors notifying them that oct-Dec I would be on maternity leave. My car got repossessed yesterday. After receiving the Summons which I did not sign or actually receive myself, I made contact with Wesbank and arranged to pay the arrears off in 2 months- this was what the agent told me. I then had conversations with their law firm in regards to the outstanding lawyer fees that I still needed to pay, he has actually asked me to propose a payment plan to pay the amount. My partner was driving my car yesterday, very randomly with the abovementioned method to pull him over and take the car, he waited for the sheriff to arrive to remove the car from my partner. I feel like this is really unfair and I just want to know if I paid the arrears amount, are they still allowed to get a judgement to collect the car?

    • If you are under administration or perhaps debt review then your debt counsellor and attorneys will be better positioned to advise you.
      If there are no arrears then you can fight to get the car back even if they do have a summons and judgement and have taken the car. It has been done in other cases.

  133. My question is a little different, my sister-in-law purchased a vehicle under her name for me. I paid the down payment, monthly payments, and insurance payments. She did help me with one monthly payment, which i still owe her. When we purchased the vehicle, there was a 2 week lapse where no insurance was on the car. I did eventually get insurance but when the credit union found out, they charged $200 for that lapsed time. My sister-in-law told me this, and this is totally my fault but I forgot all about it and did not pay the $200. We went over the 30 days of not paying this. She eventually paid this 200 plus my monthly payment without telling me (payment was not yet due) and showed up to my house demanding the keys to the car. I gave it to her because obviously it is still in her name (title/loan). Is there any way I can get my monies back in what i have put into it? I also just got new brakes and rotors put it. I always made the payments through money order from my bank. Do I have any say or am i out of luck? Please help me with some advice.

    • Sounds like you need some sort of mediation to help. (I am unsure of the legal side of things for you locally but where you can avoid legal matters with family it is always better)

  134. I do not know what to do now. My debt review is now on the final stage with the attorneys to set a court date. However, I keep getting calls from 2 guys from ABSA, saying that I have to pay the arrears or I have to hand my car over. I keep telling them that I am under debt review. Both these men have told me that my first debt review was cancelled, and they have been informed to collect arrears or vehicle. I have not received any notification from my debt counsellors that ABSA has not accepted the offer, as my file is now with the attorneys for court date. They also said if I do not show them vehicle they can get me arrested.

    • Which is a lie.
      Tell them to send you court documents so you can hand them to your attorney and then end any conversations with them.
      Please don’t get tricked into handing over the car!!!

  135. What are my options if my debt councillors say that they cannot help me with absa because absa declined the debt review because my first one was cancelled? How long does it take for absa to get a court order for sheriff? The application 86 (11) do I have to go to court or can my debt counsellors put in this application to include my car with my current debt review?

    • Your Debt COunsellor (and attorneys who you paid legal fees for) should be able to assist you with the 86(11) application. Talk to them about it.
      Make sure that you do not ignore any court documents (summons) that you receive. And make sure if you have moved at any point that the bank know where you currently live and you have notified them in writing of the move and have proof of it in writing that they received it.

      Getting a summons takes a long time (several weeks) and costs the bank money so they like to just get collections agents to pester you into handing assets over rather than court.
      Are ABSA included in your current court order for debt review?
      It can be and if ABSA don’t like it they can come to court to fight and the court can then decide to include it (or not).

      • The court date is set for 2.10.2017, but the creditors have until 22.09.2017 to oppose the application. ABSA is included in my current debt review. A few weeks ago the collections guys phoned me and I gave them my debt councillors contact number and he said he would contact them and then phone me back. which he never did until today. He still telling me that he wants my car. The attorneys have sent me all the court documents in the interim. I have e-mailed the attorneys with this guys number and told them what is happening. I am just waiting to hear from the attorneys. I have not received any form of summons for the vehicle, just court documents for my debt review application.

        • Why are you talking to a stranger who wants to take your car? Who is this person really? Rather deal with a Sheriff or the actual credit provider, not some random stranger claiming to be an agent of theirs. Watch out!!

          If there is a case then you MUST oppose it. Even the bank’s attorneys would have an obligation to help you fill in the required forms or submit papers. Obviously, you need to meet with your attorney and debt counsellor in person at their offices asap to make sure any such application to try take your car is defended based on your debt review court order.

          • The collection guy still keeps phoning me. I have contacted my debt councillors and they have informed me that ABSA has been excluded from my debt review as of 5 September. I received court documents from the attorneys for court date 04 October to make my debt review official. Can this be done, even though it was an affidavit legal document?

          • If there was existing legal action it is possible the car might fall outside the debt review.
            If they jumped ship during the process then your attorneys for the debt review may need to do an 86(11) application to have it included again. Ask your debt counsellor about that (not his receptionist or assistant).

  136. Am i able to make payment arrangements with abs a has i don’t have R21000 or do I have to pay the full arrears amount upfront?

  137. Hi my name is Wendy I bought a Toyota quantum it is in arrears but I pay every month today some guys from SA taxi came ad took my car but I was not served with the letter of demand nor Summons please assist me

  138. Good Day
    My husband bought me a car financed through wesbank, we have recently been in arrears with them as my husband lost his job, i have however been paying the car every month, the installment is R4000.00 and i have been paying R5000.00 and R6000.00 to catch up on the arrears from R20000.00 it has come down to R13000.00 but there is a collection agent that has been harrassing me non stop coming to my work calling me and just wanting the car, can he actually do that to me? and also with the car not being in my name what can i do to get him to stop? i would understand if i wasnt paying for the vehicle at all but i have been making payment every month, please advise it will be highly appreciated, thank you

    • NO.
      He can trick you into giving him the car but he can’t take it (legally..i mean he may be a con man or thief so watch out).

      If this person comes to you again take out your phone, run the video and tell them to go away. Just keep telling them to go away. Do not bother to say anything else.

      It is good to see you are paying towards the arrears.

      Since your husband lost his job why not ask wesbank if you can claim from his credit life income protection? If this happened recently you should be able to claim (not that they want to tell you about that). The insurance can cover several months installments if it was recent (there is often a claim window).

      Don’t get conned and try catch up asap. Alternatively talk to a Debt Counsellor asap.

  139. Hi, I signed a 5year vehicle lease agreement. Due to finacial difficulties, I missed June installment. I haven’t paid up to date not made arrangements to do so it received a letter of demand or a call from the company I’m leasing the car from. Now I received an sms stating that they’ve received instructions to uplift the car due to non payment and I must remove my valuables from the car.

    Please advise what my options are? Nb: lease agreement states that should I miss payment, they have the right to cancel lease agreement. I haven’t been notified of lease agreement cancellation.

    I can only catch up with insralments in a week’s yime. What is the legal process to repossess a leased vehicle?

    • So, you are saying that in 1 weeks time you will have caught up? IF all caught up they should be happy right?
      So, if in the meantime they do not find you or get the car from you then you will be all squared up and the contract can continue as normal.

      Why have you not sent them anything in writing? Any reason?

  140. I am in the process of handing my car back to bank. Quite frankly they can have it. I have made arrangements to have the car collected this Friday. The guy from the bank came to my work to make the necessary arrangements but asks when he can see the car. I said he does not have to see the car, I have made arrangements to have the car collected on Friday. he said that doesn’t work for him because he will be in JHB, so I said well that is tough because Friday is when it suites me, not him. The car is parked at a friends place because my complex does not allow us to have more than one car. The guy from the bank wants the address of where the car is so that he can take pictures and send it to his manager. I told him I really do not see the point because the car is being collected on Friday. My apologies for the long story, but now my question is, if I have voluntarily handed the car back, and made arrangements to have the car collected on Friday, do I have to take this guy to my friends place in order for him to see the car? My friends place is actually private, and the car is being collected from my place on Friday. This guy is actually very rude and arrogant.

    • Regardless of what you do decide ( that’s up to you) put the arrangement down on paper and send it to the credit provider (and get proof of delivery). Always get it in writing.

  141. If you have not received a summons because you moved and the tracer phones and threatens to lay criminal charges what should you do? can you be locked up for this they can not get my address and I am not willing to give it to the tracer because he has not send me any relevant paperwork? what should I do?

    • How do you know who that person really is? They could be a stalker who wants to steal your kidneys. Don’t talk to strangers!!!!

      Perhaps you should, however, go talk to a NCR registered Debt Counsellor…soon.

    • hi, I have a similar problem. how did you solve your matter? I am thinking of going to the civil court don’t know if they will help. I have applied for debt review in the meantime.

      • With regard to debt review: please remember that if legal action has begun on a matter then the court hearing the debt review matter has to find out what the other court is doing with that case and so payment toward this type of obligation is normally not adjusted by the debt review court (or debt counsellor) but they will take it into account when working out your monthly budget.

        Just a thought

  142. I have a simillar problem. Bought a car, needed to use it for work but the car broke down as the dealer committed fraud against me by selling me a sub standard car ( proof of odometer and condition fraud now available) I got fired from work and I could not pay. Now i started working after 4 years and bank handed me over to lawyers in 2014 …The debt is now huge and more than the car’s cost because they want me to pay for the lawyer fees plus interest. Is this all in line with the law? I want to start paying but at least what i can afford, although the car is broken. ( Sorry for long story)

  143. I keep on getting calls from bank, MFC and tracers regarding ex-husbands car debt, have been divorced for 9 years! He left South Africa and emigrated to the UK without informing bank and everyone else he owe’s money!!! So now I’m being phoned by Credit Bureau’s, Banks etc!!!!! All I do is give contact details of his parents, new in-laws and his mobile to everyone looking for him. They have tried in vein to get clear answers from him, his parents…….does this constitute fraud him just leaving the country, handing over car to someone else and not taking responsibility?

    • Seems like these old debts are from years ago and so will probably have prescribed anyway (if they don’t have judgments).
      Legal advice is best obtained from attorneys but it depends on what his contract/credit agreements with these firms say.
      Either way it should not be any of your concern anymore.

  144. Im in 3months areas with a newly bought car which is less than a year, they came to my house I refused telling them I’ll only surrender if I see a court order,now 2days after they say they have it and I must hand over the car…
    it it possible that that court order could be so quick and valid

  145. Please kindly assist please, what are my options of getting my car back , my car was repossessed last week Tuesday with a month in arrears.. I have been served sermons on my old address since September but the collector guy traced my new address and got all details and checked my account that I have paid all except the coming new month which was not yet due this was around September and he wrote a comment on Absa papers that I moved houses and he checked the account and I gave proof of payments.he was happy and left without any query and said he will minute and update them on the system..all this was in September and everything was ok.. just last week in CBD a group of hudlums came with 4 cars corned me and asked for the car, I refused at first and showed them my bank statement until that I’m only oweing December but they said No that I owe 3months, they refused to look at any paper , I asked for their court order and they printed one from the boot of the car while I still refused . They took their phone and called the police to enforce the law.. as a foreigner which they have started the xenophobic attitude that how come I can afford such a car what am I doing and where do I get money from .. I was So irritated the manner they handled me and my wife that I just handed over he car. Even though I changed address and the new one was showed on the bank account doesn’t that mean I have changed it and they even send me invoices by email..
    Out of 72 months I have paid 31 months and we on the 32nd which is not due till the 14th.. please what’s is my chance of getting my car back because now ABSA wants the full amount which I can’t afford at the moment… what are my chances because I have 10 days to come up with an idea and sort myself out.. please kindly advice please

    • The problem is that you gave them the car and that they did not physically take it without your permission.
      That said you may have a case for intimidation by the collections agents.
      You will have to go the legal route to try recover the car and talk to attorneys (which will cost).

      Remember your contract with the bank requires monthly payments and the bank can try recover the car and auction it off if you fall behind a month (or more).

      These collections agents sound real dodgy (maybe check with the bank that these guys did in fact work for them and your car has not just been stolen).

  146. I was at attorneys today , they check all paper I have and said there is a chance and they will try that the account looks good and that after summons they shouldn’t deduct money from my account that they suppose to apply for new summons since they have took another 2 to 3 payments and also the address I have on Absa confirmation of address is a proofs since it’s there representative that signed and approved it at my residence so they have a good case. But that they will do best.. attorney wants 20,000 so I paid 10,000 deposit and balance following week so they can start to apply for interdict and rescind judgement .. will keep you posted at it goes .. thanks for updating

  147. Hi, can they repossess your car if you owe only residual. I finished paying the amount owed but they told me I must pay residual.

  148. So my car was repossessed about 3 weeks ago. The next day after it was taken I was able to pay the outstanding balance and the arrears. Now the issue is I was asked to pay all the other charges like towing, inspection, ect. But I was never informed by the bank nor the sherrifs who came to take the vehicle about these charges before. When I complained about this to Standard bank they sent me a form via email saying its a checklist and my signature is there. The signature was nothing like my signature it was forged. So now I contacted ombudsman for banking and investigation is going on. I believe these repo agents are crooks especially the one who kept calling me by the name of Sylvester ********** saying he is speaking to attorneys on my behalf and wants to help me get my car back but I had to give him R2000 before he does that. Can I take the bank to court for that forged signature because its fraud. I never signed anything when they came to take the car.

    • If you have been a victim of fraud then you will be able to press criminal charges.

      Hopefully, the banking ombud will sort out the other part of the issues.

  149. Good day, a sheriff from ABSA paid me a visit yesterday and he said im R13000 arrears and asked me why am i struggling to make my monthly payments and i told him i had lost my job, but i got one which im due to resume 01 July. He then advised that i need to make payment to be up to date and he’s giving me untill the 7th July to be up to date and i should email him the new appointment letter so that he can send it to the restructuring department so that they can restructure my installment, but they can only do that only if im up to date otherwise the bank is going to uplift the car. He sms’d me his email address to send the proof of payment and the appointment letter, now my issue is im not sure if i will have the arrears money within a week, do i still stand a chance for more time to get the money to be up to date as i am waiting for my pension pay out which can take up to 3 weeks. He gave me a visit slip that shows he’s a Risk Mitigation Officer. Worried!

    • So..he is not a sheriff but really just another collections agent trying to pressure you to pay.
      DO NOT GIVE THEM YOUR KEYS and DO NOT SIGN ANYTHING FROM THEM!!!

      Why not go talk to your local Debt Counsellor for advice?

  150. Good Morning, I’m currently in arrears of about R14 000 on my car and my repayment period is supposed to end September 2018 with a residual of R53 000. What is the best solution for me since i’m only left with 3 months to finish paying off the car since I don’t think i’ll be able to raise the residual by then? Absa agents are harassing me with the arrears and i’m currently experiencing a cash flow problem. Is debt review the best option in this case?

    • It would be a very practical solution (obviously it depends on a number of factors which you could discuss with a debt counsellor) which could enable you to rather make smaller payments over a longer time period.

  151. Hi I’m in areas with my car for 60000 and the Mfc want to repossess my car. I was told by my ex boss that the sheriff came to take my car and I have been talking to the agent collection and as to pay off the arrears and he refused and just insisted that I hand over my car and I refused cos as I was never served with a summons only section 123 that was send on my email last year may. I was without a job since last year October and now I’m using my car as a uber since March to make a living and since I have managed to pay Llke 8000 before they started calling me and I don’t know if I should pay the 60000 or what pls advise

    • You do owe them money so…you should pay them money (even if they eventually take your car and sell it etc). You have a moral and legal obligation to live up to the contract you signed.
      Having said that, it would be good for you to figure out if a judgment has inf act been issued.This you should be able to do by looking on your credit bureau report. You can get a free report here: http://www.confef.org.za/2017/10/05/free-credit-reports/

      Once you know that you will then at least know if they have the legal right to take your car or not.
      If they have a judgement against you then they have the right to try collect that money from you any time over the next 30 years. So, it is unlikely you will avoid them forever.

      If you have many other debts then it may be good to speak to your local Debt Counsellor and see what arrangements can be made to service those at smaller, more affordable amounts over time (to hopefully avoid more legal action)

  152. MFC repossessed my vehicle after I had made arrangements to pay. I sent an email to a consultant that they allocated to me, tried to call her the entire week and she never responded to any of my attempts. I owed R6500, advised that I will make a payment of R3000 and the following month a payment of R7000 to cover the shortfall and the months instalments. After no response from her, without any communication a man showed up at my workplace to repossess the car, I advised him that I have been trying to communicate with the bank and have made an arrangement to pay. He refused to listen to me and threatened that if I don’t give him the car then he will get the court to give him authority and that I will have to pay for those charges. I obliged and gave him car, advised him that I will make the payment month end and he advised that I have to pay R6500 and I will get the car back. When I finally got hold of the bank, I was advised that I have to now make a payment of R15800 to cover the repossession fees and storage, of which had they allowed me to pay the R6500 then I will not have been paying for all these added charges.
    The bank’s consultants collude with repossession guys and with buyers of auctions, and that is why the never offer you alternatives. I was sent a valuation quote that my car is worth R36 000, mind you the market value of this car is R160 000 and it has minor scratches which I can fix for less than R5000. If the bank are interested in assisting, why will they allow their customer who can pay R6500 in 20 days to pay R15800 by forcefully repossessing a car without a court order. This after I sent them proof of income that I have received a promotion and will be able to make the R2500 instalments and actually offered to increase the instalment to R3000 so that I can cover the interests on it.

    It is a rip off and they know we are not knowledgeable of the process, and sending a man who is three times my size to publicly humiliate me will make me oblige because I don’t want to be embarrassed in front of my colleagues. This is noit only unlawful it is emotional abuse too.

  153. Helo editor I have a bit of the same problem last year August my car was was taken because of arrears of R6000 they told me to volunteerly surrender once the car goes bk to westbank they will offer me a chance to pay 70%of the money nd the rest later I agreed after a week I was send the value of my car nd told its ready for auction nd was told that i now have to pay R10500 which other goes to the collection team nd storage I made the payment and got my car bak this past 5 months was not working i am in arrears of R16000 start working this month the guy from westbank called that they been instructed to collect the tomorrow nd i can only be able to make the money in 3months time while paying my normal installment please advise about the situation

    • Chase the person away and go to a Debt Counsellor. DO NOT GIVE THE CAR TO ANYONE if you want to keep it… DO Not Sign ANYTHING if someone comes.

      Go to a Debt Counsellor ASAP.

      • Hy I just had a meeting with the agents they wanted the car I told am not giving it away they should proceed with the legal route they showed made a case number and told me they can call any warrant officer to arrest me and they took me to the sheriff offices where the sherrif presented a court order which apparently they where sending summons to the old address it has a stamp of 6 june 2018 was requested to hand over the car or be locked up I told them the car is about 300km away from pretoria offices they had to call my father to cornfirm if the car is there nd he was told to bring it on thursday what can i do now my father has the money to pay al the areeas as we speak don’t know wheather he should deposit to the westbank account or what and the agent told me the sherrif guy nd him know each other and I could see even how they speak now the agent said he can retrieve the information but he is gonna need 5000 to speak with dy r legal counsellors to put it on hold for 90days is this statement sound true to you?if my father pay the arreas now would it make a difference?since the car is still in my hands I asked the agent he said we should wait for him othewise the money we going deposit might forfeit should I wait ?

        • You need to get any agreement in writing. I think you should check the legal section of the service directory in our magazine and see if an attorney might help play referee and make sure you don’t get done in. But normally the credit providers just want their money…

  154. HelO
    Does the court order means the bank cancelled your contract? Would it make a difference if you can pay arreas in full same time after issued court order

    • If you can get something in writing between you and the credit provider there is always the option of getting the agreement back on track (and a legal precedent that until the car is sold, you can revive the contract by paying all outstanding arrears).

      The enforcement is actually part of the contract you signed.

      Remember you get (1) the section 129 letter – threat, (2) summons, (3) Judgement (4 warrant) (5) repossession (6) sale on auction (7) collections on outstanding shortfall
      There are things that can be done at each step of the enforcement process

  155. So if I can just pay for all the arreas now and wait to hear from them would it make a difference?is the a chance they will just continue with required monthly installments ?

    • I would ask for any arrangement in writing…if you assume they will do something or even if they just tell you something on the phone they might not actually do that thing. Get it in writing.

  156. Is a court order the final step? I was showed a court order stamped dated 5/06/2018 does this mean its the day they filed court order or the day i was suppose to appear in court ? I have paid all my arreas including this month installment but the agent is still calling me to bring the car to sheriff of which he says I must not pay the arreas 1st as it will forfeit the sheriff have to see the car 1st

    • Ignore agents (they just try trick you or convince you to hand in the car yourself so they can sell it on auction) …but not a sheriff with proper identification and all the needed court papers (which must be stamped).
      If anyone comes to your home or office take out your phone and video them and ask them to identify themselves very clearly and show identification.

      You need to talk to the credit provider directly now that the account is up to date…and maybe you should ask one of the attorneys in the service directory section of the magazine (available on this site) for some free advice on how to do that.

  157. Perhaps would you advice what sort of writing do i actually have or maybe wen I tel my attorney to draft it what excatly does the letter hv to focus on nd am no longer in arreas now paid today

    • The attorney will know best/ If you do decide to do it yourself maybe we can ask one of the attorney readers to post something here on this post which may help you do it yourself…

      • Thanks for the advice nd would appreciate if you ask the attorney to help on how the letter should look like by the way the agent is still expecting me to bring the car to the sheriff on monday should I ignore his calls wen he call or wat ?

        • DONT TAKE THE CAR anywhere. A sheriff would simply come and collect it..
          a collections agent will always try get you to hand over the car yourself or give them the keys yourself or sign forms. Whereas a sheriff can just take it as he has been ordered by the court to do so.

          • It is likely that if you give them the car it is the last you will see of it.
            It would seem you need a little legal advice here. Perhaps you should contact an attorney such as: Liddles, Steyn Coetzee, Joethee Betchoo, Kemp Du Breyn or Kim Armfield Attorneys (all of who advertise in our publication and who you can google or check in the mag for contact info).

  158. I am still receiving calls from agent not the sherrif himself what does a court order actually how does it differ with a warrant

    • If you are getting calls from an agent then…you can choose to ignore them if you want. A sheriff can just come and do whatever the warrant says.

      The order precedes the warrant (slightly). The order is what the who the court rules in favour of.
      A warrant tells the sheriff what to do.

      Often an agent will try pretend that a warrant has been issued and that the court matter has been resolved in the favour of the credit provider (their client). Be careful of not being tricked!

  159. Does the bank have a constitutional right to block the renewal of your licence if you fall in arrears with your payment if not where do i find the clause in the constitution?

  160. Ok… firstly my car broke down in Harrismith.. gearbox issues….got it towed to a mechanical Workshop… the car was there for about 2months…then the worst happened..I was hospitalized for cardiac arrest…spent sometime in there…got out an doctor medically boarded me…so was forced to leave work..I couldn’t pay my installments.. I’m owning over 140000 arrears…problem is the car was being used by the place that fixed. the gearbox… without my knowledge…got a call from spotters who were under the impression that I was driving I then gave them a run down…I was not available that day…so I got a call from a manager from Wesbank asking if he can take the car due to overdue arrears…me being under pressure gave the go ahead via telephone…of which he said the conversation was recorded and that stood as evidence in the court of law…so I said yes…problem is they couldn’t get the car because they didn’t have the keys so they got a tow truck and towed it to burchmores…then sometime in the months I got a call from a lady from Wesbank asking me to sign some documents which she will forward via email…I never received such documents…I have since phoned Wesbank to ask them that I’m able to pay the monthly installment but can’t repay the full outstanding arrears cash…can’t they except my offer…. They said they not a furniture shop an I need to pay the full outstanding of 100k plus…so I wanted to know is there a legal way that I can take to get a payment plan to back pay the arrears slowly and continue with the car installments…iF it’s possible for me to get back the car on those terms because I’ve never been issued with a court order….

    • According to the contract you signed when you began using the car and took the banks money it is unlikely that you can get the car until you have paid them what you owe.
      You may need to rather look to try rent another car while slowly paying them off what you owe for their loan.

  161. Hi Editor,

    I’ve just received a summons letter after being in arrears for 8months and trying to make arrangements with the bank to pay, they now want full amount even though I now have a job but not able to pay the full 20 000 up front. I was with a debit counselor who defrauded me and made my situation with the bank worse in 2017 and I was sent from pillar to post to try pay even though I was unemployed. I’m employed now and can make monthly payments but they’ve stopped communication and sent the summons for within 10 days. What do I do now?

    • Please speak to an attorney about how to defend the summons (you really should do that) or they will get a judgement if you are not careful.

      It involves submitting some papers at court.

  162. If a person pawns a car and gets a leas to drive it and defaults and after the pawn broker issued a letter stating that the leas has been terminated and I refuse to return the vehicle , can a case be opened at the S. A. P. S for being in Contravention of Section 66 of the National Road Traffic Act. 93 of 1996?

  163. Good Day

    I lost my job 2016 after purchasing a new car, i was paying my installments till my pension money get finished, im disabled on a wheelchair using this car on daily basis to go around looking for work. Now i am on learnership programme and i need this car to take me to work every day but the Bank want to take it from me, i dont have no one to assist with payments, i dont have parents all my siblings have their own commitments im all by my self in this situation
    Can i do something do protect my car?

    • Is it impossible for you to use wheelchair friendly public transport or taxis (have you worked out the costs)? Are there local associations who might be willing to help you with transport? Can you join a lift club of some sort?

      As regards protecting your car (the bank’s car) they want payment…you can stall them for a long long time but eventually…

      Have you considered entering debt review before things go any further?

  164. Good day, Wesbank Agent was here with a sheriff of court to repossess my car. They had a court order and i was never issued a summons to sign.I told them i need ti verify the documents with my attorney then i’ll inform them. They were very rude and impatient the told they going to report the car as a stolen car and i’m going to get in a lot of trouble. I’m shaking as i’m typing this, mind you i just applied for debt review and they in negotiations with the bank.

    • So basically you sent them away. Well Done!
      You do not have to give your keys to anyone (a sheriff can just take the car without bothering to ask you).

      Speaking to your Debt Counsellor and your attorneys for the debt review is a great idea. Please do that.

  165. Can someone plz give me advise what to do.. I am under debt review for 6 months now but they only paid for januarie and feb .. now absa have closed my account on my car and they want to repossesed my car .. they told me I am R39000 behind and absa never called me about the outstanding amount.. what can I do to reinstate my car to keep it.. cause I dont have the full R39000 to pay it.. I can only give at the end off the month R17000 to absa and rest to increase my payment will they helped me?

    • What does your Debt Counsellor say? They have begun a legal process at court. Please be careful of believing some call centre collections agent rather than your attorneys who are at court dealing with the matter.

  166. Its SAD how banks we should be trusting do business to make money from consumers. They refuse to assist with payment arrangements and they do not communicate or provide information to consumers which then leads to consumers loosing their vehicles due to the bank strategy in making more money, by reselling and refinancing the vehicle which is almost paid off. What can be done if one had already been victim to the above and handed vehicle over which was resold and the bank is still demanding a balance.

    To add to the above business strategy, what is being done to manage and control reselling off vehicles as it seems these vehicles are sold at a much lesser amount compared to the value of vehicle to contacts. THIS IS TOTALLY NOT Fair to consumers !!!!!

    • There have been court cases about this very topic. The banks are now having to try get better sales values and minimum amounts have to be set on houses (not cars as yet but the principle holds true).

      You could spend a bunch of money on a lawyer and try do something about it but there are no guarantees.

      The real challenge is that you may have signed a contract that if you missed payments all this can happen. Did you miss any payments? Normally if the bank takes your car it is after some collections efforts and some legal stuff and only then do they take the car. Now at least if you pay up the arrears and fees before the auction you can get the cars back. This is some progress.

      It is important to remember banks are not there to make our lives easier they are a business there to take advantage of our greed (with regard to credit) and impatience and make money. They are a money making business not really a money lending business. They have been doing it for hundreds and hundreds of years…

      To avoid all of that you can avoid doing business with them…which is hard.

  167. Wesbank sent me a message to say hat the car is now reported as “missing” and will be treated as a stolen car. What do I do should I be pulled over by a police or traffic officer?

    • Until they go to court and get a court to give them permission to take your car (have they done that and did you get to go and defend the matter?) then if this happens you are getting car jacked. No one should be able to do anything like this. Beware of scams where collections agents could try trick you.

  168. Hi there, the information her is very helpful.

    I would like to make an official complaint to the senior manager of the debt collections department at the bank financing my vehicle. I have received repossession threats via email and today I had a call from a collection agent who was rude, intimidating, condescending and verbally abusive. The point of his call was to tell me that they will be sending repo agents to take my car. I’m furious by how I was addressed and even more furious that they were using a scare tactic to get me to agree to have my car taken from (luckily this has not happened) me. Now that i am better informed and know what my legal rights are I want to make a complaint. I feel the need to report these tactics they are using, when i searched on hello peter there are other complaints of similar circumstances by the same bank and even the same collection agent.

    so ultimately my question is…can I do something about this and how do I go about lodging such a complaint and where do I lodge such a complaint?

      • Thank you for your response.
        The manager of the repo agent actually called because I had logged a complaint on Hello Peter. He is an even bigger bully and his tone changed very quickly once I accepted the apology that he offered. They couldn’t scare me into involuntary surrendering my car, he has told me that even if I pay the amount in arears they will continue with legal action…can they do that and on what grounds if the account is up to date in the next two days? I am feeling rather intimidated by this Manager and I feel like they will target me since I complained and I didn’t fall for their scare tactics.

        • If the arrears are paid up then… what would the basis for any legal action be? You are required to stick to your contract agreement but so are the bank. if you are up to date then nothing can happen.

          Imagine them at court saying: “Your Honor this person has paid everything they owe so…give us the car so we can…ummm…get the payments that they have already given us….umm..(embarrassed).

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