To whom it may concern. Hello there.Plea...

Asked by JohnW on 04-01-2021 15:17:30
Question posted in the General Law category relating to Western Cape

To whom it may concern. Hello there.

Please need some help with something rather urgent. With regards to a financed vehicle been repossessed. In a nut shell, we have a financed vehicle in my Dad's name. When we did the deal with Wesbank, as my Dad was 84, i asked and insisted for that death policy( not sure correct wording) so if he passes away, the vehicle would automatically be paid off. My Dad did unfortunately pass away July 2019 and then thought the vehicle would be paid off. To our horror and disbelief, that policy was NEVER activated.  Now Wesbank want to reposses the vehicle. I need this stopped and take this up legally against Wesbank. Please need urgent help ans and advice. To firstly to set aside the repossession order so we can deal with this. 

Thanking You. 

John Wilson

Further information relating to Question:

This is very urgent and would need to legally stop the repossession till this is sorted out. Thanks

Information Requested by Lawyer

Posted by Att. Patrick on 04-01-2021 15:47:08

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

Please keep in mind that our discussions is for general information purposes only. Our engagement on this website does not create an attorney-client relationship. 

Do you mind if I take a moment to review your question? I will come back to you shortly!

Att. Patrick

Information Requested by Lawyer

Posted by Att. Patrick on 04-01-2021 15:51:46

Do I understand you correctly that Wesbank has already issued a summons against your late Father's estate, and that Wesbank has already obtained a judgment in terms whereof the vehicle is to be handed over?

Was the summons issued against your late Father's estate? In the name of the executor?

Information provided by client

Hi Patrick.
I am not 100% sure by am surmising yes. They have a collection agency trying to reposses the vehicle This isba voluntary repossession as i have not been issued with or shown a court order as per say. My mother is the sole beneficiary of the estate as they have got in touch with her. Its all quite confusing at the moment.

Answer to the Question

Posted by Att. Patrick on 04-01-2021 16:02:52

If there is an issue with the financing and the policy, one of the best options that you have is to firstly institute a dispute with Wesbank, formally, in accordance with their policies. 

And then, if they do not resolve it, to lay a dispute with the Ombudsman for Banking Services. 

What you are doing is basically building up your defence to Wesbank's claim in court, so that when you file your defence in court, your defence will be "There is a dispute pertaining to the finance agreement; the dispute has been refused by Wesbank; the dispute has been referred to the Ombudsman for Banking Services; and we are waiting for an outcome."

That should be enough for any court to postpone Wesbank's application until the Ombudsman for Banking Services has made a ruling. 

If the ruling is in your favour, then the policy should pay out. 

Just be aware that it should be your late Father's executor who does all of this, in terms of the letters of executorship which are issued by the Master of the High Court. 

Answer to the Question

Posted by Att. Patrick on 04-01-2021 16:04:11

If it is simply a collection agency (and not the Sheriff of the Court) trying to collect the car, tell them to get lost and come back with a court order!

What they want to do is to collect the car "voluntarily" so they can essentially bypass any court proceedings. 

You need to make a decision, but you are within your rights to say No.

Answer to the Question

Posted by Att. Patrick on 04-01-2021 16:04:51

Your Mother being the sole beneficiary of the estate is NOT the same thing as an Executor. 

You need to look at his Will, and then get the Master of the High Court to appoint an Executor who can actually deal with all of this. 

Information provided by client

Thanks very much Patrick. Just one thing please. How do i get this information to Wesbank and this recivery company to stop the repossession for now till

Information provided by client

My thoughts exactly. I have already once told them to get lost. So your advice for me now is to institute a dispute with Wesbank. Then you mention that is must ne done through the Executor of the Estate. That would then be Permenant Trust". Would that be correct?

Answer to the Question

Posted by Att. Patrick on 04-01-2021 18:58:01

Yes. Permanent Trust would have a representative executor. 

Answer to the Question

Posted by Att. Patrick on 05-01-2021 09:06:39

Q: So your advice for me now is to institute a dispute with Wesbank? --> Yes, well with the finance company - the one who offered your late father the policy. You need to go through the formal dispute route with the company before filing the dispute with the ombudsman!

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