Rodney_gold
R.I.P. 5 June 2018
My driver took a R5000 loan at capitec bank , defaulted on it and we were ordered to garnishee his salary to the tune of R80 a month. (we are ORDERED by court to deduct and pay over - his kak has become OURS)
My accountant who recently had an accident paid it from may 06 , currently has paid R4320. I got an abusive call from the lawyer stating it hasn't been paid this month so decided to take a look at it - I wasn't actually aware it existed.
The lawyers have "escalated" the debt to R47000!!!!!!!!! (would take him 50 yrs to repay - he's 40)
Totally illegally!!!!!!!!!
The Garnishee order was granted in PE and not Goodwood CT (which in fact makes it nul and void) and was NEVER served by the sheriff on us , which makes it doubly so..
The worst is that the lawyers added "expected interest" of R27000 to the debt and then added their 10% collection fee on TOP of that - thats not at ALL legal and is VERY dodgy practice.
The Garnishee order actually had NO mention of interest or a rate (max 15.5%) so they actually screwed themselves in enforcing ANY interest at all.
Apart from that , they have charged 10% collection fee , whereas we as the co that has to adminsiter payments are entitled to take 5% and they can take 5%
We have thus written to em and told them we are no longer abiding by the order unless it is issued in the district where we conduct business and they have proof it was served on us
Furthermore we will be reporting their dubious accounting to the NCR (who have issued a report regarding kak like this - http://www.ncr.org.za/publications/GARNISHEE-ORDERS-STUDY-REPORT.pdf )
That they have to recalculate the amount owing and reconcile it with the payments and that they must credit US (my Co) and NOT the poor debtor with the 5% of the R4320 paid to date...
And that if a new garnishee order is granted , we will contest it on the basis that it will not be affordable to the driver and that interest cannot be retroactively applied ...
Lets see what happens.....
PPL in SA are indebted , however once handed over to any lawyer - they are stuck in a trap they will NEVER get out of - its bloodsucking from the poorest of the poor
(Another garnishee order on him has interest calculated at 40%!!!! - granted by the courts in contravantion of the NCR and the usury act at the time - gonna go after those goons next , original debt was R1100 - now at R5400 despite R3400 payments!!!)
My accountant who recently had an accident paid it from may 06 , currently has paid R4320. I got an abusive call from the lawyer stating it hasn't been paid this month so decided to take a look at it - I wasn't actually aware it existed.
The lawyers have "escalated" the debt to R47000!!!!!!!!! (would take him 50 yrs to repay - he's 40)
Totally illegally!!!!!!!!!
The Garnishee order was granted in PE and not Goodwood CT (which in fact makes it nul and void) and was NEVER served by the sheriff on us , which makes it doubly so..
The worst is that the lawyers added "expected interest" of R27000 to the debt and then added their 10% collection fee on TOP of that - thats not at ALL legal and is VERY dodgy practice.
The Garnishee order actually had NO mention of interest or a rate (max 15.5%) so they actually screwed themselves in enforcing ANY interest at all.
Apart from that , they have charged 10% collection fee , whereas we as the co that has to adminsiter payments are entitled to take 5% and they can take 5%
We have thus written to em and told them we are no longer abiding by the order unless it is issued in the district where we conduct business and they have proof it was served on us
Furthermore we will be reporting their dubious accounting to the NCR (who have issued a report regarding kak like this - http://www.ncr.org.za/publications/GARNISHEE-ORDERS-STUDY-REPORT.pdf )
That they have to recalculate the amount owing and reconcile it with the payments and that they must credit US (my Co) and NOT the poor debtor with the 5% of the R4320 paid to date...
And that if a new garnishee order is granted , we will contest it on the basis that it will not be affordable to the driver and that interest cannot be retroactively applied ...
Lets see what happens.....
PPL in SA are indebted , however once handed over to any lawyer - they are stuck in a trap they will NEVER get out of - its bloodsucking from the poorest of the poor
(Another garnishee order on him has interest calculated at 40%!!!! - granted by the courts in contravantion of the NCR and the usury act at the time - gonna go after those goons next , original debt was R1100 - now at R5400 despite R3400 payments!!!)
