# Regulatory Compliance Category > National Credit Act Forum >  Car Repossession rights for the debtor

## hennie1967

Help me please!!!
I'm two months behind on my car payments. For the last six months there were no statements sent to me. Nobody informed me in writing what the next step will be. Yesterday a guy rocked up at my house with a piece of paper say they want the money or the car. Irefused to give him the keys as there were no court order. 

What is the ruling now on car repossessions after that con court ruling about debt collectors and banks doing what they want. Almost always illegal!
No court order and being very aggresive.

Please help with this question. taking into account the con court ruling a week or two ago.

Hennie

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## Lindy Siemens

I also want to know what is my rights, as I am making payments every month, but not the full installment, as I can only start paying fulll installments next year!

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## Dave A

When it comes to notices not received, my greatest concern is if there has been a change in address along the way.

Lindy, in respect of your situation - I suggest you either approach a debt counsellor to have the debt restructure you're aiming for formalised as provided for in the NCA, or approach the bank directly with much the same intent - an agreement on a restructured repayment plan.

If you do not make a formal arrangement, you are probably at risk.

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## ians

What ever you do, do not sign the piece of paper if they "collect" your vehicle, no matter what they say, it is an acknowledgement of debt, that you will pay the balance once they have sold it on auction. I got so nailed with this 12 years ago, i signed the piece of paper, which they returned with to start collecting the rest of my assets. The joke is, the vehicle was valued at R95 000 and they auctioned it off for R30 000, then sued me for the balance, which they returned to try claim other assets for the balance outstanding. Dont go for debt review, rather ,make an offer to the bank you have the hp with, the catch is you must honour the debt if they agree, you fault you will loose and some. You have to comunicate with people you owe money, if not they will hunt you down and make you pay, rather approuch them and come to an agreement, it is better in the long run. Sometimes you have to take a step backwards to go forward.The longer you leave it the more difficult it is to recover. Debt will drive people do silly things, just dont do anything stupid, we lost a friend who commited suicide due to debt, nobody even knew he had a problem.

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pieksie (24-Oct-12)

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## Candy9419

I had a phone contract which i took out for a family member on my name which amounts to 16000, can they repo my car? Family member was supposed to pay but i dont think it has been done, and i cannot have my car taken for that

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## Dave A

The term "repo" implies the item is listed as collateral for the debt. Listing your car as collateral seems unlikely for a phone contract.

However, if the creditor takes judgement against the debtor, the creditor can then seek an order in execution at which point the Sheriff of the Court can start attaching possessions of the debtor to sell to pay off the debt.

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