Repossession order quashed after e-mail sent to wrong address

THE mandatory formal letter a credit provider must send to a consumer who is in default of a credit agreement, must be sent to the correct address, as chosen by the consumer, before a credit provider can simply forge ahead with legal action.

- ZELDA VENTER

This was once again highlighted by the Gauteng High Court, Pretoria, in a case where a woman, only identified as Mrs NM, complained that she never got wind of court action to repossess her car.

She said the next thing she knew, her car was repossessed following an application by Mercedes Benz Financial Service in this regard and the vehicle was at an auction house, ready to be sold.

NM said as she never knew of the court proceedings, she was unable to defend the matter. She subsequently asked the court to overturn the order in favour of the financial institution.

The main issue which came to the fore, was that Mercedes Benz Financial Service (respondent) used the wrong email address to which it sent her the mandatory Section 129 (1) of the National Credit Act notice.