The legal process against your vehicle involves the following steps
Telephone calls and emails – Your credit provider through its collections or recoveries department will inform you of your default as well as remedies available for you to bring your vehicle installments up to date. In the event of failing to bring your payment up to date, the creditor will proceed to issue you with what is known as a section 129 or Letter of Demand.
Section 129 notice – This is the first step in the process towards repossessing your vehicle. Section 129 of the National Credit Act, mandates creditors to furnish a consumer with a notice reflecting non-payment as well as a list of possible solutions that are at your disposal so as to assist in you bringing your vehicle installment before enforcing the credit agreement in a court of law. The notion is to give you as a consumer an opportunity to pay all your arrears without burdening yourself, for instance you may apply for Debt Counselling with leading companies such as DebtMap instead of spending huge sums of money in legal costs defending legal proceedings against yourself by a creditor
Summons – This is the commencement of the actual legal process before the court, usually at High Court, where the bank uses its attorneys to cancel the agreement and claim the vehicle. Summons are delivered by a Sheriff of Court at an address which you registered with your creditor regardless of whether you still stay there or not, this means it is your responsibility as a consumer to update the bank in the event of a change in residential address
Judgement – This is the actual judgement entered against yourself for failing to defend a claim that has been brought by your credit provider in a court of law. The judgement paves way for cancellation of the credit agreement which you entered into with the bank and eventually repossession of the vehicle. At this stage, your creditor will not only demand the missed payments but rather the full contractual balance, legal fees, and any other charges.
Warrant for delivery of motor vehicle – this is a notice given directly to the sheriff by a court to repossess (collect) your vehicle after which the sheriff should then notify the court of what they would have done
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