In the case of I and my Wife, we are onl...

Asked by obaromath on 26-08-2018 01:15:02
Question posted in the General Law category relating to Gauteng
Question value: R 0.00

In the case of I and my Wife, we are only in defualt of our homeloan for just two months wereas the above was in arrears for four months plus.I personally contacted FNB when I noticed that I was about to defualt on my home loan for any assistance and asked that we be granted a three months period to get things in order.This plea was turned down by FNB,we were never afforded any oppurtuinity to explain or meet with a banker niether did FNB agreed to offer us any restructuring plans on our home loan.We have emails to proof this fact written to FNB,we were never served with a section 129 letter as my banker informed me that the bank has alledged that this was served on us on 14 July 2018 which we have disputed that this was'nt served on us,when we pressed further the banker accept to nthe fact that indeed during this alledged period by the bank that the post office was on a month strike and that it was possible that the letter was returned.

The bank did not call us on phone or notified us by email as to the fact that we have been served with a section 129 letter and to confirm if we were in reciept of it,niether did the bank Attorney's. All this while we have been in negotiation with the bank and have at all time complied by paying the home loan defualt during the approved date.Is just that when we pay off the outstanding defualt a month adds up immiedaitely and this we have pleaded with the bank about but our plea fell on deaf ears. The Bank has never sat with myself and my wife to dicuss how to assist us in getting this home loan restructured,considering the facts that we made a huge down payment of a Hundred Thousand Rand when we purchasing this property.We feel we are been treated inhumanely by this bank. As the banker has informed that a summons has been issued againts us,I then questioned the banker that how can this be becuase the bank has never sent us a letter of demand,the bank or thier Attorneys did not send to us a section 129 notice or meet with us all the bank did was emails and calls which they informed us that we were either in arrears of a month or two months and arrangements and time was given by us to the bank of which we paid.I then asked the banker why are we been treated differently and asked if every customer of the bank whom are in arears of a month or two months are issued with summons and he said no.I then asked why then is summons been issued againts us,and he simply could not give me any answer.This is inhumane,and I have heard that it is a common hidden practice in FNB where certain races and houses are on the radars of some of thier staffs whom force on forclosure on this houses in collistion with thier Attorneys otherwise as they have buyers whom buy this properties at a lesser amount and payments are shared between this Attorneys and certain bankers it is called collusion.

I have requested from the banker to provide me via email a copy of the alledged section 129 letter which was posted to me and that they request thier Attorneys to give to FNB the tracking number of the section 129 letter which was alledged to have been posted to me via a registered mail as all registered emails have a tracking number which will state if the psoted mail was recieved by the reciepient or returned to the addressee as the post office was on strike during this period they alledged to have posted this mail.And if the mail was't recieved by me and returned or if not posted then it means FNB is not precedural.Till date am yet to get any response,a copy of the 129 section letter or the tracking number.

We have informations of other customers whom are in arrears for two or more months whom are not been served with summons so why is our own case different.This Bank is inhumane and might this be racial profiling how else can one explain this is the banker whom I spoke to can't seem to know the reason why this is so.I am only in a one month arrears as of present.

Ask your OWN Legal Question!

If you would like to view the entire answer, you will need to either login or register a FREE account.


DISCLAIMER: Advice or answers from Lawyers on SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA 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 SA 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.