I have received a summons for an unpaid ...

Asked by Jannie on 25-02-2021 09:51:27
Question posted in the National Credit Act Law category relating to Western Cape

I have received a summons for an unpaid loan from a bank.

I want to defend, but I now need a lawyer to asssist with this case.

What defence do I have if I could no longer efford the loan reayments due to a loss of income?

The summons was issues with the bank not having all my particulars like phone number or email.

Also, the bank lost the original agreement, so how can this be valid in court?

Information Requested by Lawyer

Posted by Att. Patrick on 27-02-2021 20:34:41

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

The bank doesn't need the original agreement. The bank can just convince the court that a copy is good enough. 

I don't know what defence you would have. Surely if you couldn't pay the bank, then you are in breach?

Att. Patrick 

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