QUESTION: I am so frustrated that my bank could not unfreeze my account or help me in any way possible.
And now the bank must go on my behalf to court and make decisions, not knowing my financial situation .... and release my money to a lawyer in terms of Section 72.
How does this law get approved in court?
It is so strange that the people that have the least amount of money have to suffer and pay and starve of no income. It is frustrating.
This law sucks because they don't make you appear in court to fight your case and prove your financial state before even making a decision.
How does a judge approve a full amount owing? I am left penniless and need help please. What must I do?
ANSWER: Lebogang Selibi, media relations officer of the National Credit Regulator, provided the following answer:
The query is unfortunately too vague to provide a specific response. However, the following has been gathered:
Firstly, it appears that default judgment might have been obtained against the consumer, as he indicates that he was not provided an opportunity to defend his case in court.
If this is the position and the consumer believes the correct court processes were not followed, he would have to seek legal assistance in respect of possibly rescinding the judgment.
Secondly, in respect of debt enforcement under the National Credit Act, a credit provider is required to provide a consumer with a Section 129 notice, in other words a letter of demand, by registered post or in person, providing the consumer 10 business days to remedy a default under a credit agreement.
If the consumer has been in default for at least 20 business days and 10 business days have lapsed after the said notice was delivered and no response was received from the consumer, a credit provider may approach a court for an order to enforce a credit agreement.
(* Fin24 wants to clarify that the mention of Section 72 in the question probably refers to Section 72 of the Magistrates’ Courts Act in terms of which a garnishee order may be issued.)
That is a court order directing that money or property of a third party (usually wages paid by an employer) may be seized to satisfy a debt owed by a debtor to a plaintiff creditor.
If the above is not of assistance, the consumer should contact the office of the National Credit Regulator (NCR) so that the complete facts can be obtained and provided to him.
The NCR was specifically created in terms of the National Credit Act to protect and help consumers with debt problems. They can be found at call centre numbers 011 554 2600/2700 or the website www.ncr.org.za