# Regulatory Compliance Category > Consumer Protection Act Forum >  motor vehicle repossession

## murdock

so yesterday i am minding my own bussiness...thinking about what a k*k year i am having...just lost a big job to a cheapie contractor (or should i say zim national working for less than R150per hour with his 5 man team which only 3 arrived to work) taking all our work...yes customers are not interested in quality of work...and boy are they getting what they paid for even had to go switch on in the sub station because of an electrical explosion in the factory...but anyway thats not what this tread is all about.


i hear this hooting at my gate...check out the window there is a fancy BMW in my driveway...so now i start tthinking maybe it the investgation team from durban electricity department...cool they can come check out my system i have in place...and they can see for them selves that ther eis no fuse etc...etc

but to my surprise its standard bank collections apparently...here to repo my wifes motor vehicle...ok so now i am confused.

firstly she had a couple late payments which she paid up to date and in full in december when she got here bonus 

then for some reason standard bank stopped her debit order in january and febuary so she got behind again...when she realised what was going on she contacted them and made addtional payment of R500 on her current installment in march...and was gona pay R500 extra each month.

i was told he had a asset collection document...my immediate response was maybe my wife was lying to me...so i contact her and tell her thay are here to collect her car and she better come clean with me other wise i would tell them where to collect the car...turns out she was not lying...so i took down the collection persons name and number to investigate further...i contact standard bank legal to find there is only an amount of R1800 outstanding...and they want to repo the car which is valued at R 200 000 with a total outstanding balance of R18000 left to pay...you have no idea how p*ssed off i am with standard bank.

by the way they have increased her installment d by R300 per month over and above all the other extras she has to pay lay payment fees etc...how the f&*^% can they do this...

i am now even more determined to get completely debt free...apparently i owe virgin mobile R200 from 3 years ago because of a debit order problem they had... which they have now recently listed me on the ITC as a bad debit...thank goodness i will leave it like that just so i am forced not to make other people rich from here on out...and will go back to paying in cash for everthing so i dont get caught in credit card scam which seems to be on the increase...no cash no spend....and try get all my small customers to pay me cash by offering an incentive...cheaper rate...just think how much you save...not having to pay cash deposits...cash withdraw...etc etc

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## AndyD

> ...check out the window there is a fancy BMW in my driveway...so now i start tthinking maybe it the investgation team from durban electricity department..


 Sorry to hear you're having a bad week. The line above did make me smile, just the thought of Durban electrical supply authority doing away with all those tedious commercial vehicles like vans and cherry-picker trucks and purchasing a fleet of BMW 6 series. :-)

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## Dave A

> The line above did make me smile, just the thought of Durban electrical supply authority doing away with all those tedious commercial vehicles like vans and cherry-picker trucks and purchasing a fleet of BMW 6 series. :-)


Eish! Comrade - those 6 series BMWs are useless off-road. 

But the BMW X5 is perfect!
In black.
With chrome mags and low profile tyres.
(Of course).

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## Martinco

Murdock,  you seem to be a human magnet that attracts sh*t.   How do you do it ?

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## murdock

> Eish! Comrade - those 6 series BMWs are useless off-road. 
> 
> But the BMW X5 is perfect!
> In black.
> With chrome mags and low profile tyres.
> (Of course).



and da blue light for when i am late for eeh meeting...

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## murdock

> Murdock,  you seem to be a human magnet that attracts sh*t.   How do you do it ?


i get out there and do stuff...i dont have a routine munday boring life...which is repeated day after day after day...and with that comes all the challenges...and o f course i am stubborn

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## murdock

i was told yesterday by the person wanting to collect the vehicle that there was an outstanding amount of over R7000 to be paid immediately or they attach the vehicle and it was so urgent that they wanted to collect the vehicle ther eand then....38 phone calls to standard bank legal since this morning later the women finally takes the call and advises us that we only have to pay an amount of less than R2000...what the WTF  

maybe its time to go to wendy knower and discuss this issue with her....

the questions i am starting ask is who is the person collecting the vehicle...an agent for standard bank who works on a commision basis.

where did he come up with this figue...maybe a little something in the back pocket for himself.

is the women working at standard bank and this agent up to something collecting on the side...you scratch my back i scratch yours.

considering this issue was discussed and sorted out at a standard bank branch with one of the managers months ago already and now suddenly yesterday the vehicle is to be attached...mmmm

i smell a rat....taking advantage of people who dont know any better.

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## Debbiedle

*i hear this hooting at my gate...check out the window there is a fancy BMW in my driveway...so now i start tthinking maybe it the investgation team from durban electricity department..*

Hi Murdock - the sentence above is sufficient to tell me that you are a very positive person.. just keep on reminding yourself that if you can still place some faith in a gov department, you have sufficient resilience to get out of the crappy situation you are in.. :Wink:  Holding thumbs that it all works out really well for you.

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## murdock

> *i hear this hooting at my gate...check out the window there is a fancy BMW in my driveway...so now i start tthinking maybe it the investgation team from durban electricity department..*
> 
> Hi Murdock - the sentence above is sufficient to tell me that you are a very positive person.. just keep on reminding yourself that if you can still place some faith in a gov department, you have sufficient resilience to get out of the crappy situation you are in.. Holding thumbs that it all works out really well for you.


funny you should say that....every morning when i got up at 4.45 to go for my 6-8 km walk for a couple of years... i was reminded by the ladies i walked with what a pesimist i am...and asked how on earth i manage to survive...its not the first crappy situtation...in fact it is one of the easy dificult times...if fact i am in a lot better position now  than i have been in in past crappy times....at least this time my debts are small compared to my assets...i wouldnt even have to sell my house to recover from this one...my vehicle is on the positive side of hp ie...i can sell it for more than i owe and still walk away with some cash in my pocket...and my bond is less than half the value of my house in fact it is more like a 1/3 of the value...the only thing i need to work towards is a pension fund with a couple million...but never fear i am working on it....just need to get thru this...by the way the car they want to repo only has 5 month to go and it is paid up...i could sell a couple of my fishing rod and pay the car off...its a joke

the worse was being crippled...told by the doc that i would be like that for the rest of my life and lost every material possesion i had worked 10 years to aquire....got divorced....lost a friend to cancer...ended up on the street that time...but hey...i am still here...taking ever day and challenge as it comes...and trying to give away as much as i can to see other people happy...maybe not enough.

the joy about being down and out is there is so much to look forward to when things get better.

just remember " nothing" you ever buy will ever make you as happy as watching some one who has nothing receive a gift.

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## wynn

:Thumbup: Murdock, You are my hero!!! :Thumbup:

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## garthu

You know Murdock, EXACTLY the same thing happened to us! Stems from December, another lady i know exactly the same thing. One of the reasons been so quiet here is been dealing with crap. Skipped some payments last year but brought it back to date by december. 25K owing in the meantime they already go the court order to repo. We had to come up with the balance of R25K in a couple of months or get repoed. We did because could not be without the car and fighting it, cant afford that or the loss of the vehicle while we fight it out.

I get the impression the bank is going after these sort of cases KNOWING that the client will come up with balance when only 20K is owed on a vehicle worth 100K.

Standard bank is pulling all there cash in where they can it seems. They really put us in a bad position in the FULL knw we would never just not pay.

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## ABCAB

I know this thread is a little old, but I have a question for the guys here that pertains to motor finance and ABSA that is chasing me around the country to repo my car.

When I purchased the car (a 1997 model 4x4 with 124K on the clock), they stipulated as part of the fiance agreement that I would have to take one of those maintenance insurance policies. When the dust settled after the purchase and I got to the filing process, I see the policy stipulates that the vehicle needs a full service history with books signed by all and sundry. So I call to find out what up with this policy and and 10 year vehicle and the FSH. The vehicle I purchased did not even have it's original engine in it.

When I realized I could never claim on this policy, I told ABSA this thing is a waste and they need to reverse it. They refused and said that this is part of the qualifying process and stipulation to approval of the finance. I later heard this is illegal and I contacted them again. Since then to date (more than 5 years later), I can not see the reversal of this amount. I have also fallen victim to the economic downturn and have lost everything, hence every little bit counts and this amount is of great importance to me. I have come to an agreement with ABSA about 5 times now to pay only R500 per month while I have no employment, but every three to four month, I have someone at my gate to reposes. 

The account should have been settled August last 2010, but I have now started a "everything in writing" communication with ABSA to recon the account from day with this policy reversal showing. Three months now I have to chase them every month and get absolutely no return advises from them, yet the emails get read. Today I get a sms that they are proceeding with legal action unless the full outstanding amount is not received as it is outstanding for nearly a year now. When I asked the person to firstly put it in writing to me as to how the account got this way and why it has taken so long to get where we are at, he just told me that he could not help me with that and put the phone down....

Best form a defense is attack it seems. So it seems I will never get that damn recon and all ABSA does is try the scare tactic. I have had hauled them through Hellopeter three times already, but they seem to forget about it every time. If they still have no recon for me by end of the month, it is back to Hellopeter.

Meantime I have moved from the province and now also get no mail, so I requested email statements. I have been in my new province for six months and they still have not got it right to send me any statements.

Any legal eagles here that can give some advise..... I have a similar situation with a timeshare company, but I will go start a new thread for this one......

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## solweb

If he does not arrive there with the Sheriff of the Court and the correct documentation, he may not remove the vehicle, unless you give permission, otherwise it is theft.

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## ABCAB

I have also heard that you need to make sure that the court order is "present". They bargain on the uneducated sucker to hand over his car, it saves them a bunch of trouble following the proper legal route. I have had ABSA by the short and curlies for a long time by just paying R500 a month instead of the prescribed R2700. By showing any attempt to try and make payments they seem to be screwed with the legal process. 

I get these intimidating and threatening sms's, calls to repossess, then I go pay R500 and it goes quiet for another month..

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