Question posted in the General Law category relating to North West
Good day
I would like advice as to what are my best options as far as debts is concerned . My husband and I opened a business in 2011 , unfortunately we were in trouble by 2013 and took a bank overdraft of R200 000 to sustain the business however we fell deep into trouble and had to liquidate in 2015, however our attorney nevernotified the bank of the liquidation and never asked us anything with regards to the liquidation as we signed surety in our personal names for that overdraft amount,furthermore we moved cities and have been employed and we received a judgement against us in October last year for the overdraft amount, the banks attorneys are forcing us to pay them R1000.00 amonth andwe cannot afford to do it, also in September 2017 my husband had received a tax refund from SARS and the bank had takenR25000.00 from that money and are arguing that they are using that money for the the interest of the overdraft. My husband has signed up for debt counselling in October last year, in his personal capacity , I have never ever had accounts in my name except my fnbcredit card and its always been upto date , however now due to this business debt I have ajudgemnet against my name. What are our options going forward as we have ah ome loan and a car that’s paid up.it seems to me form what the attoney said to me they bought the loan from fnb and we need to pay them banck and they have our bank statemnts and are not willing to accept the agreed amount we said we can afford
Kind Regards