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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2457
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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My wife bought a car colleague in 2012 but didn't

Customer Question

Hi my wife bought a car for a colleague in 2012 but didn't register the colleque as a regular driver and the insurance refused to pay. But we still paying the bank. And the car is repairable but the storage people are demanding unfair amount of R150 000
to release it as the collegue told us a year after the incident. Now my question is someone advice us to stop paying the car for 3months and let the bank reposses the car from the storage people as it still belongs to them and after that we go pay the bank
full money in arrears to reclaim the car and continue with the remaining instalments. .my question is how bad it is going to affect our credit history .or what is your advice on handling this issue?
Submitted: 1 year ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 1 year ago.

Hi there

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

First of all let me start by saying what your wife did is actually illegal. You are not allowed to buy a car on your own name but someone else as the bank has to have some sort of security and by giving the car to someone else, you are actually taking away the bank's security.

The panel beater is allowed to charge storage fees but the amount does seem extremely high. usually they are willing to reduce this amount if you let them do the repairs on the car. He will not release the car to anybody without getting their storage fees first.

If you stop paying the bank, you will be blacklisted by the bank for defaulting on the payments.

You may be able to claim against the colleague but if could not qualify for credit with the bank in the first place then you will most likely be throwing good money after bad if you pursue this option.

The best for you will be to try and negotiate on a reduction of the storage fees and to then get the car fixed or sold in order to limit your damages.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information.

Regards

Customer: replied 1 year ago.
I mean even the bank will not get the car if they want to release it?
Expert:  Freddie Lombard replied 1 year ago.

Correct.