ASBA Bank - ******** action in breach of High Court decision - seems to be a law unto themselves

I had an amount owing on a personal loan in arrears, which i was busy making an arrangement on, absa on the on my salary date when my salary was paid into my cheque account transferred almost my full available balance to the personal loan, leaving me with less than 1000 in my account to cover my normal debit orders - i did not give permission, i did not consent and they did not inform me they would do this.

The NCA restricts set-off in such a way as to give the consumer the right to choose whether or not to consent to set-off, which accounts it may be app**** to, in respect of which amounts, when it is to be app****, and in respect of which debts. NCA applies to most personal loans, home loans, overdrafts, credit card debt, asset finance agreements, lease agreements and so on

In the matter National Credit Regulator v Standard Bank of South Africa Limited (44415/16) [2019] ZAGPJHC 182 the high court made it very clear in handing down it’s order, the High Court’s held that, in light of sections 90(2)(n) and 124 of the National Credit Act 34 of 2005, the common law right to set-off is not applicable in respect of credit agreements which are subject to the National Credit Act, Therefore Absa is not allowed to empty one account to settle another and leave me 98% out of pocket - i intend to log a complaint with the NCR, and the banking ombudsman, i suggest that a representative from ABSA contact me on this matter to 1ste transfer the amount back and then any subsequent penalties due to debit order failing, they will be liable for.