skip to Main Content
NCR
REGISTERED DEBT COUNSELLORS
PFA
PUBLIC FAVOURITE
AWARD
SAIFF
CERTIFIED
PARTNER
Tel: 0861 100 999 | Mission Control - Login

Answer for Car Repossession

Good day,

There is no law authorising the Bank to repossess a vehicle without due legal process.

Presently the National Credit Act directs the process, in short, there must be a summons with a warrant for the delivery of the vehicle which can only be performed by the sheriff of the court – “Repossess” implies in itself that it is a legal process.

The National Credit Act (section 127) provides that the consumer may voluntarily surrender the vehicle to the Bank. This process is based on mutual agreement and excludes the legal process described above. 

The problem is that you claim that you were influenced or coerced into signing the voluntary surrender papers.

The above scenario is a matter of evidence and the responsibility to prove unfair influence or coercion is on the party making the allegation – which is you. So you will have to prove that you were coerced into signing documents for the repossession of your vehicle.

For more info on repossession, you can read our article here.

Kind regards