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Repossession while on debt review 4 years ago

Questions & AnswersCategory: Debt ReviewRepossession while on debt review 4 years ago
Russell Walter asked 2 years ago

Good day,

I applied for debt review in March 2012 and received confirmation that all was approved and that an agreed amount will be deducted via debit order monthly. After having paid a few months the bank decided to repossess my vehicle even though my debit order was going through every month. To make a long story short the car was then sold on auction at a ridiculous amount and the difference requested from me but due to not having a car I lost my job and all went south financially. Now it is 4 years later and still not financially stable and I still get the occasional call from attorneys (different one very time) for payment, some even using an story that to activate my credit card I must simply pay R500 into an account as provided by them. Surely this is not legal and has this not actually prescribed.

Thank you
Russell

1 Answers
Matthys Potgieter Staff answered 2 years ago

Hi there,

You are correct in saying that it is illegal for the bank to re-activate your credit card while you are under debt review.

Your debt counsellor is supposed to handle the creditor queries for you. IF the credit providers phone you, there should be some sort of Incident Report that you need to complete and then forward that to your debt counsellor to sort out.

On the other hand, your debt counsellor should also give you a proper plan as to when your debt review will be finished. A debt review should not drag on forever, it should end at some point with your debt being settled.

The chances of the debt having prescribed are also slim. There were a lot of correspondence and acknowledgement of debt over the last few years which will interrupt any prescription.

The shortfall on your vehicle should be included in your debt review if possible. Unless there was already a summons issued on your vehicle by the time you applied for debt review, your vehicle should not have been repossessed in the first place.

Hope this info helps.

Kind regards