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Worried About Losing My Vehicle

Questions & AnswersCategory: Debt ReviewWorried About Losing My Vehicle
Nokukhanya Ngcobo asked 11 months ago

I am under debt review and currently 3 months behind on my vehicle payments. I have been working part time to try and make ends meet in order to make payments towards my car. I have also notified the bank that is financing my vehicle that I’m no longer working full time and that I am not able to make a definite date on which I will make payments.

Due unforeseen circumstances the past 3 months I have not been able to pay for my vehicle due to no income being received from my part time job.
I have been visited by collection agents who want to repossess my vehicle but refused and requested a summons from the court which was not produced by the agent. He then threatened me that he will just go to the nearest police station to write an affidavit so they can repossess my car. I’d would like advice if this is legally allowed and any other remedies if there is to my situation.

1 Answers
Matthys Potgieter Staff answered 11 months ago

Hi there,

Thank you for getting in touch.

Firstly, why did your debt counsellor not included the vehicle into your debt review? Are you making regular payments toward your debt review? Have a discussion with your debt counselllor to include the vehicle into your debt review.

The agents who visited you attempted to get you to sign a voluntary surrender of the vehicle. They know that they cannot force you to do that, and often resort to intimidation. The only whay by which they can force you to surrender the vehicle is if they present you with a court order. If you then refuse to give the vehicle back, it can be construed as being in contempt of court and they could escalate to other authorities to assist with the repossession. But, before they can get a court order, they must issue you with a summons.

Please make sure that they have your correct address on record. Give it to them in writing and keep record. It does happen that credit providers use an old address to serve summonses, in which case, you’ll never know about it until they pitch up at your home with a court order.

Kind regards