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My wife and her previous husband got under debt review. when…

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My wife and her...

My wife and her previous husband got under debt review. when I married her, I knew the situation, but the issue is, according the repayment stats, she has paid over R7000 to much. that was for a credit card, After the fact, the bank come and said, well there is still, the life insurance on the credit card outstanding, that was never disclosed in the court order. So I told my wife's debt councilor, I will pay that amount in, just to get my wife's name cleared. So I was told to go to the bank pay the amount in, and bring the receipt. Well it didn't work, because the bank said the account is closed, it is with their legal department. So I went back to the councilor and told her that. So the agreement was she will get in touch. with the banks legal department, the bank told her she needs to have a power of attorney to act on behalf of my wife and her former husband. I got both parties to fill in and sign the power of attorney, gave it to the debt councilor. Later I found out, the debt councilor didn't follow the agreement, and tried to solve it over the NCR. Now 9 months later it is still not resolved. After various emails sent to the debt councilor, without any reply, I finally got an answer past Friday, telling me her mandate is closed and giving me recommendations, what I can do to get this resolved. Now my question is, can a councilor drop her mandate, before her client is cleared? If so, what can I do to get this mess resolved?

Lawyer's Assistant: The Lawyer can help you determine if that's legal. Where are you located? These laws vary by state.

Bloemfontein, Free State

Lawyer's Assistant: Anything else you want the Lawyer to know before I connect you?

All I want, is to get my wife's name cleared, after struggling with the debt councilor for almost 2 years. I'm not familiar with this kind of issues

Submitted: 4 months ago.Category: South Africa Law

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9/28/2020

Lawyer: Freddie Lombard, Attorney replied 4 months ago

Freddie Lombard, Attorney

Category: South Africa Law

Satisfied Customers: 3,724

Experience: Practicing attorney and conveyancer with 16 years post article experience.

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Hi I'm Freddie,

Welcome to Just Answer. Thank you for your question. I am reviewing it now and will post a reply here ASAP.

Regards

Customer reply replied 4 months ago

Hi Freddie

Lawyer: Freddie Lombard, Attorney replied 4 months ago

So, the debt counsellor just decided of her own accord that she is not going ahead with this and absconded her duties?

She, in other words, decided to end her own mandate?

Is this correct?

Customer reply replied 4 months ago

this correct

Lawyer: Freddie Lombard, Attorney replied 4 months ago

I am sorry to hear about the poor service you have received from this debt counsellor.

These are the people who are supposed to help consumers, and they sometimes fail miserably due to incompetence or lack of care.

She cannot just close her own mandate because she did not do her job, and now she does not feel like fixing things.

You can click on this link and lodge a complaint against the debt counsellor.

I hope this answered your question.

Your satisfaction is important to me. Feel free to ask further questions hereon this topic at no extra cost if you need more information.

Regards

Customer reply replied 4 months ago

Thank you so much for your answer, very much appreciated. I will now first send my answer back to the councilor, and will also tell her, if she doesn't finish her job, I will file a complaint against her.

Lawyer: Freddie Lombard, Attorney replied 4 months ago

That is the best way, yes.

She has been paid to do a job, and if she does not finish the job, you start the complaint process.

You are very welcome. If you ever need any assistance again in the future, you can ask for me directly by following this link:

http://www.justanswer.com/law/expert-fwlombard1/

Regards

Customer reply replied 4 months ago

Will do so, thank you again. Last question, will the link for filing a complaint stay life, so I can come back to it?

Lawyer: Freddie Lombard, Attorney replied 4 months ago

the link will stay live.

Customer reply replied 4 months ago

Thank you

Lawyer: Freddie Lombard, Attorney replied 4 months ago

My pleasure.

Customer reply replied 3 months ago

Good day! I have one more question; the debt councilor gets the figures of the outstanding amounts of from the creditor together and gets the court order, correct? Then there will be a certain amount calculated, what the debtor has to pay monthly, correct? Now everything is payed back, and on the last summery of the credit card, it shows that you have already over R7000 overpaid. So actually the bank owes you money back! Now point 1, the back did not restructure the account according court order specified to 7%, point 2 after being forced by NCR to restructure, the bank comes and says, ok but you still owe us for the life insurance on the credit card. So the bank took the money owing back, for the life insurance and said, you still owe us another R 4300, to settle the account. The bank did not disclose the life insurance, when the court order was taken out, nor did the debt councilor made sure, that all the figure are correct! My question is, can the bank come afterwards and say you owe us money on the life insurance, or not? As for my opinion, they failed to disclose, and I believe they can't come after the fact and ask for it?

Lawyer: Freddie Lombard, Attorney replied 3 months ago

The bank cannot just take life insurance premiums if you did not enter into a life insurance policy with them - ask the bank for a signed copy of your policy and proof that you took out the policy.

They cannot ask for money after the fact that they failed to include in the debt review process.

Regards

Customer reply replied 3 months ago

Thank you for the feedback. I guess the debt councilor need to straiten that out with the bank, correct, or is there any other procedure, that can be followed?

Lawyer: Freddie Lombard, Attorney replied 3 months ago

Yes, that is part of the debt counsellor's job. You paid her to sort out the creditors - so that is exactly what she must do.

Customer reply replied 3 months ago

Thank you so much again, just debating of I shouldn't try to resolve that with the legal department from the bank, sins the debt councilor has failed to resolve this for the past 2 years. Even NCR failed, they just took the figure from the bank, never inquired about the life insurance, nor did they, looked at the court order, to make sure, that the bank didn't come up with this after the fact. Have an outstanding day further.
Kind Regards

Lawyer: Freddie Lombard, Attorney replied 3 months ago

Thank you, ***** *****

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