Same results different day.

Please note that the below is part of emails sent and received from ABSA via an Attorney and myself that was meant to repossess my vehicle.

I received an answer via my work email (***) from the Ombudsman stating that proof of me being over indebted when ABSA gave me credit with my vehicle finance can only be proved if it is 3 years and less.I bought my vehicle in October 2008 and I was unable to make payments in 2009 to ABSA and I went under debt review in 2010. In 2011 I was granted a court order to go under debt review. How is that not proof that I could not afford to pay for the vehicle and that they granted me credit when I was already over indebted as this was the last huge purchase I made on credit. When my case was sent to the Ombudsman recently it was declined on the bases that I took too long to prove that credit was granted while over indebted and I was informed that I need to still pay over 100k which entails a payment of 50% of the amount upfront then pay off over 8k per month for the rest of what is owed. Once I am contacted via the Ombudsman I will furnish the paperwork that I took photography of. It has not only taken me months to receive and answer but the results was still the same...I must pay.

Please note I have also discovered when receiving the paperwork from the lawyers that the vehicle was already registered by ABSA bank but according to the paperwork received from the Dealership and that I signed it was registered as a new vehicle as I was supposed to be the first buyer.

Firstly it was a breach of contract as the vehicle was supposed to be new. Also the dealership sold the vehicle as new and ABSA granted this approval knowing the car was already registered and that it was not a new vehicle.

I need to have my case reviewed once again as I consider the contract signed between myself and ABSA null and void and I owe them nothing. I have already paid over 60k for a used car that was sold as new for over 70k.

I am fed up of the working class being walked all over and while huge company's like ABSA get away with ******** practices.

Kind regards. Janine Naidoo

On Thursday, January 9, 2020, Janine Naidoo <***<mailto:***>> wrote:

---------- Forwarded message ---------- From: Nicole Manuel <***<mailto:***>> Date: Monday, January 6, 2020 Subject: Absa Bank Vehicle Finance To: Janine Naidoo <***<mailto:***>>

Dear Mrs Naidoo (nee Hendricks)

We hereby acknowledge receipt of your email.

The below email has been forwarded to our client for their attention and will revert once feedback is received.

Kind Regards.

Nicole Manuel

Sandenbergh Nel Haggard

Attorneys Prokureurs

• ***

• ***

• P.O.Box 1, Bellville 7535

Block A, Suite S202, Bonitas Office Park, Carl Cronje Drive, Bellville, 7530

Docex 2 Tygerberg

VAT - ***

From: Janine Naidoo [mailto:***<mailto:***>] Sent: 23 December 2019 12:12 AM To: Nicole Manuel <***<mailto:***>> Subject: Absa Bank Vehicle Finance

Hi Nicole

Please kindly acknowledge receipt of email.

Kind regards

Janine Naidoo (Hendricks)

On Tue, 17 Dec 2019, 18:50 Janine Naidoo <***<mailto:***>> wrote:

Good day Nicole.

My apologies for sending this email so late. As you know I suffered a stroke recently on the 25th October and off sick ever since. I can't apologize enough for the email being so tardy as I had to recoup and take off ...to be stress free.

I am sending this email as requested by yourself with ALL the relevant information. I ask that you please please read through the whole email as every detail is crucial.

I would like to start from the very beginning and give you the entire history regarding my motor vehicle finance since October 2008.

The dealership had advertised a R10k off the asking price whereby I gave a further R18k from the sale of my older vehicle but the vehicle I could specifically have was blue. I didn't think much of it as I took it the salesman said that this was the only colour and one at the time that they had in stock. I was reassured that it was an amazing deal and that the car came with ABS brakes and that it was brand new.

The salesman Damian **** and said that the car was sold with a specifications that was not there when confronted with the following he assured me that the ABS brakes would be fitted. I signed the paperwork and that was that.

Early November I was told after what seemed like a thousand emails between the dealer principal Chris and myself ...he told me via email that this would not take be done and that they cannot fit ABS brakes as the car did not come out with this spec. By this time I was just fed up and wanted to return the car which I then informed the dealership so that the application would be cancelled. It was way before I even started paying my car which was due the 1st December 2008. I dealt with a Mr Allie from ABSA...you may check my email records.

The email address I used to communicate with both Mr Allie and the dealership was from my previous job at Lifestyle Mail Order... ***<mailto:***>.

Whereby by I raised all of my concerns about what I was paying for the lies about what the cars specifications was etc. I know it sounds awful but I could never have made all this up in my head.

Mr Allie then proceeded to inform me that I could not leave the car at said dealership and that I would still be liable for the payment due end November 2008 no matter what. He further more instructed that Absa could do nothing about the false pretense the car was sold to me or about the car dealership salesman who **** to me. I was stuck with a car that was sold to me under these false pretense and now also stuck with said vehicle Absa bank clearly knew I couldn't afford. I furthermore paid for smash and grab tinting ...a Netstar contract which was supposed to be free ....also added to my bill was the free tank of petrol and paid for service and delivery fees and I am quite sure also was already fitted as the car was second hand....service and delivery which I am not even sure where that fits in and as well as central locking that apparently now I have heard actually comes out with that model. I paid installation fees and fuel of R2850.00.

Next year was when me and my ex husband went under debt review.

Well my ex husband first filed and we went under debt review in 2009 I too had to as yes ABSA had given me finance when I was already overindebted. My salary was R8k and my debt repayments were about R13k. The instalment was too much for me to afford and it was granted in September 2011.

My debt review was done by Consumer Assist ..I had no lawyer...I was left to defend myself not knowing my rights yet I paid lawyers fees and the company had an office in Cape Town yet was based in JHB. There was no support to help me with facing the judge. Yet I knew that I was overindebted when Absa Bank did my VAF.

There were a few occasions throughout the past few years when Absa Bank tried repossession and I had to fight back because I had to travel to work with my car and ABSA bank at a point tried repossessed my car when they apparently didn't have my court order on record granting my debt review. I was plagued by phone calls and a vehicle recovery office was ordered to reposses my car. It then also happened on 2 other occasions and then this year as well Mr Booysen left a number for me to call and as I no longer resided at the address they was locating me at. Eventually I got hold of Mr Booysen telephonically from the number my daughter gave to me and I told him who I was and I asked him why he was looking for me whereby he told me flat out that ... no it was not me he was looking for it was some other young lady who owed money on her Absa account I can't recall her name now at this moment as I was in shock because why would he be telling my family it was me but now he wanted to trace this other person address as he thought my daughter was her friend.

I was so shocked really but still I rather called ABSA bank just incase. When I spoke to a guy either named Conrad or Connor. He told me that there was a tracing company looking for me like I was a ********. He also then explained I need to give half the money upfront of the 100k and odd and half was to be paid off over 12 months which came to an amount of over 8k.

Now the answer remains how do I actually pay these huge amounts when I could barely afford the R690 I was paying with my debt review payment. Threatening to reposses if I cant. How do I try and keep my car so I can get to work after I was retrenched in December 2015 and had no job. And then trying to pay my debt review instalment even after that....getting a job in September 2017 but still trying to pay my way just so I can keep a job. All the while asking for a little reprieve so I can just put food on the table and pay where I live.

Still ...How does Absa Bank get away with charging huge amounts as interest on interest. I have already paid off over 60k yet I still owe Absa a huge amount of over 100k. How is it possible? And then I received the paperwork which now reads that my car was actually a used car but was sold as a new car. How did Absa Bank missed that breach of contract. They just overlooked the fact that the car was already registered in Gauteng on someone else's name and it was sold as a new car to me. What's the justice in that.

I know I have overwhelmed you with my long story and I probably am missing more facts but if there is any other information that you need from me please don't hesitate to contact me.

Kind regards.

Ms Janine Naidoo (Hendricks)