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Najwa C

1 reviews | Active since Jan 2020

27 Jan 2020, 09:33

NO CONSENT/AUTHORISATION

On 24/12/2019 an amount of R3 000,00 was paid into my account for my Charity Drive. When I wanted to withdraw the funds, it was not available. I went to into the Watergate, Mitchells Plain Branch to query where the funds went to. I was advised by the Consultant that Capitec took the funds to cover debt. When I have advised him that they do not have my Consent to take the funds, he advised me otherwise.

In terms of Section 90(2)(n) and 124 of the NCA 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 a Bank is not allowed to apply the common law set-off without my consent. Banks and other Credit Lenders must ask me before taking money from one account to cover debts in another.

The Bank has to provide me evidence that they are allowed to take money from my account account and journal same into another account without my consent.

I want this matter to be resolved today please.

Kind regards

0
Replies (3)
Capitec Bank
Capitec Bank's reply27 Jan 2020, 14:14
Official
I acknowledge your posting, and have referred it to Capitec Bank for immediate attention.
 
Feedback will be provided within five working days.  I trust that this situation will be resolved to your satisfaction.

Kind regards
Capitec Bank 

Best regards,

Capitec Bank
Capitec Bank's reply28 Jan 2020, 11:48
Official
Hi Najwa C

Thank you for providing me with an opportunity to look into your matter.

Kindly be advised, I've been trying to contact you but you've been unreachable. 

Please return my call on the number provided in the SMS sent to your contact number. 
 
Kind regards 
Capitec Bank

Best regards,

NC
Najwa C's update29 Jan 2020, 10:45
Reviewer Update
I have been contacted by Jodie Sampson from Capitec this morning advising me that the Bank has the right to take incoming funds to cover outstanding debt, it is stipulated under Section 11 of my Contract. Guess what? I have never received any signed Agreement from a Consultant at any branch where I have taken out loans in the past. All these Consultants are advising us is to initial here... sign there.... but no Clauses of the Contract are ever being explained. Jodie referred to the Section I have stipulated in my Review (mistakenly) advising me that it was a matter of Sanlam and I had to rectify her on that case. I have asked her if she is an attorney, she advised me no and I am welcome to approach an attorney for further advice when I advised her that the Bank does not have no right in terms of the Court's Ruling to utilise your funds without your consent .

I am dissatisfied with Capitec Bank's response as Jodie Sampson advised me that my proof that the Bank can utilise my funds without my Consent is in my Contract, which is in contravention of an actual Court Order.

This matter will continue until it is properly resolved and I have my funds back into my Account. I do not expect a Complaint Manager to resolve an issue that is completely out of her league.

Regards