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Some creditors claim that they must be excluded from debt review. Can they do this?

Questions & AnswersSome creditors claim that they must be excluded from debt review. Can they do this?
Anonymous asked 4 years ago

Hi,
I have a few questions I need advice on.
2. Wesbank/Direct Axis sold our account to a third party. The third party never attended to court and never negotiated in good will in the debt review process. Wesbank’s name is on the court order and not the third party which legally state that the debt is with Wesbank and nobody else. The third party has handed our account over for collection at the onset and is charging legal costs. We are paying as per the court order to Wesbank yet Wesbank no longer has this account and this is probably illegal for them to accept the funds and transfer to the third party as its deceitful. Due to not paying any funds to the third party, the debt would have probably prescribed and Wesbank should refund our funds paid for a non-existing account on their system. Surely, the Magistrate that was never informed of the “sold” account in court might have had a different outcome of the account.
3. Default judgment was taken against us for our FNB cheque account. Neither us or the debt counsellor received any letter of demand or summons and we were under debt review at the time. Judgment was taken in June 2011. Payments were made incorrectly by the payment agency to another bank at the onset and this was rectified later. I however received an email at the end of April 2014 from another attorney stating that they will be taking legal action against us for the same account. They stated they will advise FNB about the court order. Why would FNB want to take legal action twice if we’re still paying and they can not even provide me with a balance or statement?
4. My debt counsellor has failed to get me to complete the cancellation for all debit orders and send this to all the creditors. This resulted in thousands of rands for unpaid debit order fees. Would I be able to claim these costs back from my debt counsellor due to their negligence and failure?
5. One of my accounts on the court order is paid up yet the creditor state its not paid up and can not provide me with a statement of account. The balance on the court order with the interest rate specified and with the deductions of all payments made to date has solved this account to a nil balance and possibly an overpayment. How would I need to resolve this as the creditor refuse to accept that the account is settled.
6. The amendments of the National Credit Act, Act 14 of 2014, section 71, subsection (1)(b) states in terms of exiting debt review and obtaining a clearance certificate from my debt counsellor that I need to demonstrate financial ability to satisfy my future obligations in terms of the re-arrangement order for my mortgages (aa) and my Wesbank vehicle agreement (bb), show that there are no arrears on these accounts and that all other credit agreements has been settled in full. Then why are the creditors stating they do not fall within the amendments or that its not law yet and that the old agreements will be revived if the amendments state otherwise?