Court ruling highlights banks' obligations

BANKS that want to repossess a vehicle in a case where the owner has fallen in arrears with the monthly instalments are obliged to comply with the National Credit Act (NCA) to ensure the consumer is aware that the bank is considering litigation.

- ZELDA VENTER

This was made clear by the Gauteng High Court, Pretoria, in a case where Wesbank obtained an order by default against the vehicle owner, Charl Viljoen, because he never defended the matter in court.

Viljoen told the court that he only heard a month after the order was made that his car was now repossessed.

To make matters worse for him, the vehicle has meanwhile been sold at auction by the bank.

He successfully turned to court to have the default judgment overturned, as he claimed he had no idea that legal proceedings were going to be taken against him.

The bank, on the other hand, maintained that he did receive a section 129 notice and that summons was subsequently issued against him.

Counsel for the bank, however, could not prove that Viljoen ever saw either notice.