Asked by Sina on 19-07-2024 03:24:21
Question posted in the General Law category relating to Limpopo
After 5 years of debt review on a mortgage the debt counsellor was asked by the bank to renegotiate the term for the mortgage which was not finished. The counsellor said he had never heard of such. It is against the law because the debt is not finished. Because of lack of action from the counsellor the bank reinstated the account to its original state and the account started accumulating arrears. I wrote to the NCR complaining about the debt counsellor. I included the court order but the was no response. A year lapsed and the counsellor had still not negotiated a new term but he was keeping the account under review. The bank ultimately closed the window of renegotiation by taking the account out of review on their side. The arrears are now R75 000. I took back my account from the counsellor and arranged with the bank for restructuring of the account. I want the counsellor to pay the arrears because he breached the contract I had with him and I have paid him the debt review fees. Am I right?
If you would like to view the entire answer, you will need to either login or register a FREE account.
Disclaimer
DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.