Hi Guys,This might turn out to be a long...

Asked by CaenanV on 13-06-2018 18:12:03
Question posted in the Property Law category relating to KwaZulu-Natal
Question value: R 0.00

Hi Guys,

This might turn out to be a long one so here goes:

In August 2014 I assisted a friend to purchase a vehicle for his business he just started after his partner left him without any transport.  He builds and installs kitchen cupboards so a vehicle was a nescicity.  I felt kinda sorry for him as he also had 5 young kids at the time.

I took out a personal loan to purchase the vehicle for him and I drew up a contract for the purchase which I have a signed copy of.  The vehicle is registered myself as the "Title holder" and him as the "owner" same as when one would be financed through a bank.

On two occasions I had the vehicle confiscated with the help of debt collectors due to non-payments.  Later I was informed by a lady from our local court that I was not allowed to confiscate the vehicle and had to return it to him purely because I never did a credit check on him.  I returned the vehicle and brought his arrears up to date again.

Now this month he has failed to pay his monthly installment again and it is getting realy annoying.  I have phoned him on two different numbers several times only to reach voicemail and his wife does not answer my calls nor responds to numerous text messages sent to her.  

What are my rights in this situation?  I am realy reliant on this income as the loan deduction is debited from my personal account each month.

Please advice on what steps to take??  Current total outstanding amount is just over R30k.  Some people say I should go to courts for small claims?

Awaiting your response.



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