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WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15603
Experience:  L.LB (UOVS)
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I traded in my car which was fully paid up and took out another one in 2007 i fini

Customer Question

I traded in my car which was fully paid up and took out another one in 2007 i finished paying for the car but I didnt realsied it had a R70000 residue I have paid R30000 for the residue and have an outstanding amount of R40000 which has been outstanding for five months. I traveled out of the country and left my car parked at my friends house. on Saturday my friend used my car to go to the shops. and two white male claiming to be from ABSA blocked the car were it was parked when he got there thy demanded the keys, he refused to give them the keys. when h went back to the shops he found that they were loading it on to a truck. they have taken my can. is this legal and what can I do? my car's current market value is R 180,000 ad am currently out of the country o back on the 7th of July
Submitted: 2 years ago.
Category: South Africa Law
Expert:  WCLawyer replied 2 years ago.
Good Morning.The bank itself is not allowed to repossess the vehicle. It must be done by the Sheriff. They are allowed to accompany the Sheriff, but they are not allowed to repossess the vehicle themselves.Furthermore, it can only be done with a valid court order. So, in order for the Bank to legally repossess the vehicle through the Sheriff, they need to have gone to court and obtained a court order to repossess the vehicle.Once you come back, you can bring a spoliation application against the bank. If they have a valid court order, then your application is probably not going to succeed, but if they don't, they would have to go back to square one, so to speak.Of course, if you pay everything that is owed, they have to release the vehicle to you. They must hold the vehicle for 30 days before they sell it in order for you to raise the arrears amounts, which will, no doubt, now include legal fees (assuming they have an order). So, the first thing you need to do whilst you are still away, is to contact your bank and ask them to present you with the court order.I hope I have answered all of your questions and addressed all your concerns, but if you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively.