I am in arrears with my levies to our Bo...

Asked by Theo on 10-02-2021 22:50:03
Question posted in the General Law category relating to Gauteng

I am in arrears with my levies to our Body Corporate, nd during 2019 following a letter of handing over to attorneys,I arranged with the trustees for relief to restructure the debt, and the Managing Agent did issue instruction to withdraw the file from the attorneys. 

I failed to pay as agreed, but verbally the Chairperson stated that I should try to get funds, but that they would not pursue the matter, cause I'm a longstanding owner the Body Corporate cannot afford to lose.

I was deployed by the SANDF for the full duration of the onset of covid-19,  and around June 2020 I attempted to access a loan to service the debt, only to be declined.  Thereafter I found that a default judgement was granted to the Body Corporate in June 2020.

I immediately approached the Chairperson and asked him whether the Trustees issued a new instruction to the Managing Agent to instruct the attorney to proceed, to which action the Chairperson denied.

I subsequently contacted the Managing Agent and the Instructing Atyorney, requesting who gave them the mandate to proceed. I received no responses till date.

I received a telephone call from the plaintiff attorney alleging that the Sheriff fails to get a hold of me to serve summons, and that my 'tenants' claim not to know me. I am residing at the property and never rented it out. 

Furthermore, the attorney alleges that my workplace said I was transferred, to a workplace within Tshwane, still he could not locate me. But yet, I was available to answer the plaintiff attorneys phone call.

I'm unhappy for not receiving the original summons, wherafter default judgement was obtained, now I'm threatened by the plaintiff attorney that they will continue to auction my property (Value +- R650 000) for a debt of R45 000.

Please indicate whether; 

1. I can put a complete halt on all proceedings (again) with a written letter instructing the attorneys to halt all proceedings?

2. Whether I have recourse wrt my thinking that the process followed was not properly mandated, after a halt was placed by the trustees (in writing), technically requiring the Managing Agent to obtain the Trustees approval in writing to proceed again, and,

3. That the Sheriff never followed the correct process of serving summons, etc

Kind regards

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