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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1350
Experience:  BLC LLB (Pret) LLM (Augsburg)
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Noel here from Kimberley - have had ongoing battle with ABSA

Customer Question

Hi Noel here from Kimberley - have had ongoing battle with ABSA TRUST Bloem told them over a month ago I am going to Ombadsman they asked me to wait and get back to me Well they dont asked agin this week to wait still nothing. I dont beleive the Ombadsman worries them at all - as you put them in a better position because you cant follow any other action. The Master here has warned them I really want to sue for damages - I know High Court apps start at R100k but I feel this strongly since twice we asked them to step down as executors. They have made 19 months of simple mistakes and cost me a lot, money wise and emotionally
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: We are from Kimberley , the Masters has jurisdiction in Kmbly
JA: Has anything been filed or reported?
Customer: No on the point of going to ombadsman, 3 complaints to Absa have been filled
JA: Anything else you want the lawyer to know before I connect you?
Customer: Can she suggest someone and where is the jurisdiction Kmbly or Bloem
Submitted: 7 months ago.
Category: South Africa Law
Expert:  Barend B. replied 7 months ago.

Good evening,

Could you please elaborate on your ongoing battle with Absa Trust? What mistakes did they commit?

Regards,

BB

Customer: replied 7 months ago.
Here is a summary of your participation in executing this estateBear in mind that I sent you at my cost all the documentation gathered by my attorney
registered post which took you over a month to pick up depite us asking over and over.These are the L&D entries (ok I wont list them but there are 24 items)
Right that is 24 figures you had to obtain to draw up the L&D account.1. R80,000.00 First it was R70,000.00 You took the municipal value (Meyerowitz -wrong minor child involved)
U asked the heir to arrange a valuation, wrong (Its your job) when did U arrange this finally
2. Loose assets 11000.00 and 3. Renault Clio 34200.00 U did this valuation only on ...............
5. 23559.00 That I gave you in original documentation
6. 4520.52 This I sent direct to you
7. 600.00 Thats takes no effort
8. Executor fee 51165.34 and 9. 7163.15 calculator only needed here
10 Bank charges 300.00 easy
11 post and petties 150.00 easy
12 Gov gazette 40.60
13 Volksblad 508.45
14 Van der Waal transfer fee
corrected by master
15 Advertising account 549.05
16 Cancelation fee 3797.90
17 Municipal clerance cost 652.89
18 Levies for body corporate 2946.40
19 Absa credit card 1012.41 How long did it take me to explain to u that this was not a debt
Its Absa U work for them (Also how hard did U look into the funeral insurance , which you said u cant claim)
20 Outstanding bond 72365.34 This is now your latest blunder which again has to be corrected by my attorney and Master
Why you dont look or check anything you do COPY AND PASTE yes the whole bond not my wifes portion.
Another 2 months wasted on your incompetence
21 Niven Valuators fee 6852.21 Again here you should have know a minor was involved, you asked me to do it (see your letter), then when I arranged it for R2500.00 you tell me stop U going to do it, when it was your job all along.22 Acturial costs 6840.00 Right here you wasted weeks on end because U got it into your mind that the estate must to pay it I must personally (Again my attorney and Master had to correct you. On what did you base that decision.
23 Spouses claim 720365.34. Here I have to explain how much damage you have caused by expectations which are caused by your varying amounts both myself and heirs would get. mine went from 23.000.00 to 720365.34 and heirs from 400.00.00 to having to pay into the estate. Why because you get nothing right - the whole bond figure of 71691.85 and the fact that you have not factored the interest on the money invested into the L&D. Who had to correct you - my attorney and the master.
So what are we (the estate paying you for) TO FRUSTRATE THIS WHOLE PROCESS, DRAG IT OUT FOR NO REASON, CREATE EXPECTATIONS THAT GO UP AND DOWN LIKE A YO YO and to cap it all I must now pay my attorneys fees to correct all your mistakes.
BEAR IN MIND THAT ABSA DID NOT WANT TO FOREGO ADMINISTERING THIS ESTATE EVEN THOUGH THEY ARE BASED IN BLOEMFONTEIN
Things got so bad that Ms Joodt said I may not speak to her on the phone anymore and I must put everything in writing from now on WHY ME
24 Minors claim 857182.00 left out of the 1st L&D even though you were aware of the minor child. And look when you start the process of the acturial claim.
IN SHORT ABSA TRUST BLOEMFONTEIN IN MY OPINION HAS NO BUSINESS ADMINISTERING ANY OF THE PUBLICS ESTATES IF THIS IS ANYTHING TO GO BY - HEAVEN ONLY KNOWS WHAT HAS HAPPENED TO OTHER PEOPLES ESTATES.24 FIGURES TO CALCULATE OF WHICH 17 ARE ALMOST AS SIMPLE AS JUST WRITING THEM DOWN AND AND MY WIFE DIED 21 MONTHS AGO
WHAT YOU HAVE PUT ME THROUGH IN MY OPINION YOU SHOULD LOOK CAREFULLY AT THAT LLB AND THE PAIN YOU HAVE CAUSED US - AND GO FIGURE.
HAVING SAID THAT THE ENTIRE BLAME LIES AT THE WHOLE OFFICE AND THE EXECUTOR IN PARTICULARN HARRISON
To be forwarded with my first and second complaint to Absa and will form part of my complaint to the Ombadsman for Banking
The only reason I have not sent it was to give ABSA time to respond
In no way do I want to thank Coleen Pienaar for her feeble efforts in dealing with my complaintLastly I have been asking since May last year for them to pay towards the minor, when they had verified amount I become a creditor to the amount of the monthly amount awarded so to speak by the actuary - they paid the whole lot now into the Guardians fund - now I have to battle to get it out (more time) . The executor had a duty to do everything in his power to see to the minor. Opportunity cost - lost things I cant go back to - like the choice of school for example ("A childs best interests are of paramount importance in every matter concerning the child")
Expert:  Barend B. replied 7 months ago.

Good evening,

Banks are usually the worst administrators of estates. If you have the financial means to litigate against them, you should bring an application to remove them as administrators of the estate and sue them for damages. If you do not have the means to litigate, you could ask the Law Society to refer you to an attorney who would either do the case pro bono (for free) or on a contingency fee basis (that means he gets a percentage of the money the court will award as damages), but otherwise if these options do not work, I would suggest the Ombudsman route, but also contact Carte Blanche and other consumer watchdogs. You are correct, they should not be allowed to administer estates. My personal experiences with the Ombudsman is that nine times out of ten it is a waste of time. But it is a cheaper route. Shaming them in public is probably going to get the best results. You could also report them on Hello Peter. That seems to work faster than any court process.

Should you have any further queries regarding this issue, I would gladly assist.

Regards,

BB

Expert:  Barend B. replied 7 months ago.

Good afternoon,

Do you have any further questions for me?

Regards,

BB