Being under debt review for a while…but contract ended and I am now unemployed.
My question is can the bank just phone and say they are sending a guy to repo my vehicle.
Never got any letters or documents and have not received a summons yet either.
There are two ways in which the bank can take back or repo you vehicle.
1. By means of court order form the high court of South Africa.
2. By means of voluntary surrender in terms of the National credit Act.
Voluntary surrender of the vehicle is most credit provider’s first port of call because it is cheap and do not require to much effort. Most consumers think that they have to give the vehicle back at this point, but they do not. You as consumer does not have to sign anything. If you do sign something you are most likely signing an agreement to give the vehicle back.
If you are issued with a summons then it is a little more serious and before long the bank will have an order to repo the vehicle. In case of a summons, be present at the court hearing and present your case. Do not ignore it. If you mention to the Magistrate that your employment was terminated and properly explain your circumstances I am sure there will be some sort of leniency toward you. If you are not present at the court case, the magistrate will rule in favour of the bank by default.
Have a great day