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The bank issued summons while I was under debt review. What can I do?

Hi there

Thanks for the question

Has your debt counsellor obtained a court order yet? Offering R41 for a home loan is absurd. I know for a fact that no credit provider will accept that through a debt review. They would rather repossess the house and sell it on auction.

I would suggest that you speak to your debt counsellor again to make the bank a better offer. In order for them to proceed with the summons they must have terminated the debt review in a lawful way. I would also suggest that your debt counsellor investigate if the termination was received and if so, whether it was lawful or not. There might be a need to approach an attorney in this matter to go and defend the summons when it is brought before the court.

He can raise the defence that you are under debt review and that they cannot proceed with legal action whilst you are under debt review. They must negotiate in good faith in an attempt to come to an agreeable repayment.

Please do not wait for the situation to escalate beyond repair. You must act quickly and decisively to remedy the situation.

Kind Regards