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CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1557
Experience:  BCom; LLB; Masters in Law
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Absa repossed my vehicles by manner of a court order ,i was

Customer Question

hi absa repossed my vehicles by manner of a court order ,i was only a month in arrears for about 3 months ,would i be able to get my vehicles back ?
Submitted: 1 year ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 year ago.

Hi there and thank you for your question,

The short answer is no, you won't get your vehicles back. The reason for this is that ABSA has cancelled the finance agreement and has taken the vehicles back to sell them to recover the amount that you owe to them.

There is however a possibility that you could get the vehicles back if you had money to settle your accounts in full with ABSA. i.e. you pay whatever is outstanding on the finance agreement. Then ABSA will return the vehicles to you. But I don't know how you will come up with that money - especially since I don't think that another bank will loan it to you if they know that ABSA has just closed your accounts.

You could also go to the auction when your vehicles are sold and buy them back yourself. You will however need to come up with finance to do this - but some people do this!

You should also realise that ABSA will (once they've sold the vehicles on auction) come after you for the balance that is still owing. They will issue a summons against you for that money.
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Please note: This answer does not create an attorney-client relationship. Please consult a local attorney in person for legal advice. This information is being provided so you can better discuss legal matters with your attorney.

Customer: replied 1 year ago.
Hi ok how long would they give me to settle the full amount ?I was not informed of their intentions the sheriff just came to reposess the vehicles from my place ,they were vehicles under the business not in my personal name.
Expert:  CaseLaw replied 1 year ago.

how long would they give me to settle the full amount? --> they would give you until the date that the vehicles are to be sold on auction. It might take 4 - 6 weeks, or maybe longer!

They would have sent you documents and/or court proceedings to your domicilium address. Maybe that was an old address of yours. Maybe it was served at your work address and nobody told you about it. Either way, these documents do exist. They could have served the documents on the business's registered address, which might be your accountant's offices! Check there as well.

If you have a legitimate defence to their claim, you could apply for the rescission of judgment and they would then have to re-instate the finance agreement. If you don't have a legitimate defence, it's best to try buy back the vehicles.

Customer: replied 1 year ago.
Hi ok thanks the sheriff gave me the attorneys who are handling the matter and told me to make contact with them.
Expert:  CaseLaw replied 1 year ago.

You should do that soonest! They can give you a re-con statement of what's owing. Also ask for a copy of the summons, and the sheriffs return of service so that you can see where the summons was served!