1 reviews | Active since Nov 2017
DEBT REVIEW - Is going under dept review really helping us? Or is it putting us more at risk of loosing everything? Almost 2 years and I still dont have a court order to protect me, and they turn their backs :-(
Finding myself in financial trouble, I decided to join Debtsave in the hope of salvaging what I have until I can get back on my feet. I have always paid my debt and just needed some breathing space and thought I would give it a change. This being an unfami**** and scary experience, I entrusted them with the major responsibility of negotiating with these credit providers and coming up with a payment plan that is acceptable for all. They have committed that they will deal with the credit providers and will provide legal assistance when required. I have submitted all relevant information for the court date for the court order to be issued. Knowing that these people are registered service providers and have qualified people to deal with these matters, I continued to pay my installment religiously every month. A year and 1/2 later I get a call from my bank where my bond is held and they inform me that they are issuing a summons as I am behind on my payments. I then informed them that they are well aware that I am under debt review and will provide them with all relevant information and payment history. On requesting a copy of the court order from Debtsave, they later informed me that I do not have a court order as the jurisdiction allegedly changed. I worked on a project in KZN for a year and never moved there, I was in Johannesburg almost every week or second week and retained my house as it was a temporary project. I informed Debtsave that I am available at any time as I am in Johannesburg regularly, never not once informing them that I have moved. This decision was made by Debtsave and after requesting them to provide me with details on why and when this decision was made and without informing me thereof, they are up to now not able to provide the information. Thus left me at risk and the bank soon realized that I am not covered and reversed my debt review agreement. Debtsave then informed that they cannot provide any assistance in this matter as they, only then, realized the property is in both myself and ex husbands name. Thinking these are experts and have experience in this field would have picked that up from the start as all documentation handed in and received from the bank indicated this. I didn't think it be a problem as I have provided divorce agreements where all this information is stipulated. Since ABSA has retracted their agreement I have received no support from Debtsave and are now left with an arrear amount of R150 000 on my property, I now have to pay double rent to try and catch up on the arrears whilst legal action is taken against me. The reason I went under debt review is to secure my home for my children, I have in the last 15 years never defaulted on my bond payments, until now, that an organization that is suppose to help you get back on your feet, has left me in terrible debt and left me worse off then what I was before I joined them. I am still awaiting feedback on my court order and soon all creditors will realize that I do not have one and thus will ruin me and my family's life completely. They have left me to fend for myself and are not even returning mails or calls. People be careful when you join these so called "debt savers" as they are not there to support you, not only will you pay triple as much then what you initially owed, you can stand a risk of loosing everything due to their negligence and lack of support and care for their clients.
Good day
We refer to the conversation between yourself and your Relationship Manager earlier today.
We report the following but would like to resolve the matter for you as soon as possible and we will be in contact with you by latest Friday.
Your Court application was issued in Alberton Court as per your application form.
We were not informed that you were working in Richards Bay for a certain period of time and the lease agreement that you provided to the Attorneys confirmed the following address,
Canturbury Bell 11, Veldenvlei, Richardsbaai, 3900. Which is no longer within the jurisdiction of Alberton Court.
We would like to take the opportunity to explain to you that when an application is issued in a Court, the Magistrate must have jurisdiction to issue a Court Order.
Working in a different area which is outside the issued Court’s jurisdiction, affects the Court application as the Magistrate has no jurisdiction to grant your application.
In your case you were working in a different jurisdiction, you had a year lease agreement, meaning that you were no longer residing within the jurisdiction of Alberton Court, therefore even if your house was still in Alberton, you were not at the date of your Court application residing in Alberton, but in Richards Bay.
Your application therefore needed to be withdrawn as the Magistrate had no jurisdiction to grant your application.
You app**** for debt review on 14/09/2015, whereby your application was loaded as a joint application.
The ABSA Bank home loan account was included under debt review and received payments on a monthly basis.
It was not disclosed to us that your ABSA Home Loan was still registered on both you and your ex-husband’s names.
When we received the summons for your home loan on 28/06/2017, we immediately attended to the summons, but was only then informed that the home loan is still a joint asset with your ex-husband which is not under debt review with you and could not legally defend you regarding the summons, we have no grounds to defend the matter. Creditors do not inform a debt review company if assets are single or joint assets.
Your email dated 30/06/2017 you confirmed that the divorce settlement stipulated that you will be the owner for the home loan and you further advised that you did not yet register the asset in your name.
When an agreement is set for a joint asset to be registered as a single asset, it is the responsibility of the consumer to attend to it as soon as possible as the asset will remain a joint asset until it is registered as a single asset. While the bond is still registered with the bank as a joint asset, the other party still remains responsible for the payments for the asset on a monthly basis.
Kindly note that the above information was explained to you via email by our Anzele Minor after the summons was received. If the information regarding your bond was disclosed to us when you app**** for debt review, we would have advised you that we could not include the bond in your application until you have reregistered the bond.
I truly hope that I have been able to put the matter into perspective in the light of my explanation.
I trust that you will find the above in order.
Kind regards,
Heidi Bekker
Quality Assurance & Compliance Officer
Good day
We refer to the conversation between yourself and your Relationship Manager earlier today.
We report the following but would like to resolve the matter for you as soon as possible and we will be in contact with you by latest Friday.
Your Court application was issued in Alberton Court as per your application form.
We were not informed that you were working in Richards Bay for a certain period of time and the lease agreement that you provided to the Attorneys confirmed the following address,
Canturbury Bell 11, Veldenvlei, Richardsbaai, 3900. Which is no longer within the jurisdiction of Alberton Court.
We would like to take the opportunity to explain to you that when an application is issued in a Court, the Magistrate must have jurisdiction to issue a Court Order.
Working in a different area which is outside the issued Court’s jurisdiction, affects the Court application as the Magistrate has no jurisdiction to grant your application.
In your case you were working in a different jurisdiction, you had a year lease agreement, meaning that you were no longer residing within the jurisdiction of Alberton Court, therefore even if your house was still in Alberton, you were not at the date of your Court application residing in Alberton, but in Richards Bay.
Your application therefore needed to be withdrawn as the Magistrate had no jurisdiction to grant your application.
You app**** for debt review on 14/09/2015, whereby your application was loaded as a joint application.
The ABSA Bank home loan account was included under debt review and received payments on a monthly basis.
It was not disclosed to us that your ABSA Home Loan was still registered on both you and your ex-husband’s names.
When we received the summons for your home loan on 28/06/2017, we immediately attended to the summons, but was only then informed that the home loan is still a joint asset with your ex-husband which is not under debt review with you and could not legally defend you regarding the summons, we have no grounds to defend the matter. Creditors do not inform a debt review company if assets are single or joint assets.
Your email dated 30/06/2017 you confirmed that the divorce settlement stipulated that you will be the owner for the home loan and you further advised that you did not yet register the asset in your name.
When an agreement is set for a joint asset to be registered as a single asset, it is the responsibility of the consumer to attend to it as soon as possible as the asset will remain a joint asset until it is registered as a single asset. While the bond is still registered with the bank as a joint asset, the other party still remains responsible for the payments for the asset on a monthly basis.
Kindly note that the above information was explained to you via email by our Anzele Minor after the summons was received. If the information regarding your bond was disclosed to us when you app**** for debt review, we would have advised you that we could not include the bond in your application until you have reregistered the bond.
I truly hope that I have been able to put the matter into perspective in the light of my explanation.
I trust that you will find the above in order.
Kind regards,
Heidi Bekker
Quality Assurance & Compliance Officer
Good day
I would like to explain to you that the Attorneys normally do inform us of all the Court reporting by sending us a report via email or communicates with us telephonically. Unfortunately this did not happen with your application and we do apologize for any inconvenience caused herein. We do understand the importance by having a Court Order granted and therefore always strive to get the Court Order granted as soon as possible. Same only came under our attention when you first started to communicate with our Anzele Minor, this was unfortunately caused by a communication error between the Attorneys and us. We immediately requested a Court report from the Attorneys whereby it was reported that your application was withdrawn due to the jurisdiction.
As explained to you by Anzele Minor on 30/06/2017, there was no agreement reached with ABSA Bank for the bond, our offer for the bond on a monthly basis was reasonable. ABSA Bank did not provide us with a counter offer or any communication that they have accepted the offer or the account to be under debt review. You did indeed provide us with your divorce decree. Kindly take note that the contents of your divorce decree is irrelevant towards your debt review application, this was only requested for Court and admin purposes to proof that you were divorced.
Your Relationship Manager contacted you yesterday with the good news that we will assist with the legal fee . We will request the Attorneys to attend to the matter urgently, in order to have your Court Application issued in Court, so you can be legally protected against your creditors.
I trust you will find the above in order.
Kind regards,
Heidi Bekker
Quality Assurance & Compliance Officer
Good day
I would like to explain to you that the Attorneys normally do inform us of all the Court reporting by sending us a report via email or communicates with us telephonically. Unfortunately this did not happen with your application and we do apologize for any inconvenience caused herein. We do understand the importance by having a Court Order granted and therefore always strive to get the Court Order granted as soon as possible. Same only came under our attention when you first started to communicate with our Anzele Minor, this was unfortunately caused by a communication error between the Attorneys and us. We immediately requested a Court report from the Attorneys whereby it was reported that your application was withdrawn due to the jurisdiction.
As explained to you by Anzele Minor on 30/06/2017, there was no agreement reached with ABSA Bank for the bond, our offer for the bond on a monthly basis was reasonable. ABSA Bank did not provide us with a counter offer or any communication that they have accepted the offer or the account to be under debt review. You did indeed provide us with your divorce decree. Kindly take note that the contents of your divorce decree is irrelevant towards your debt review application, this was only requested for Court and admin purposes to proof that you were divorced.
Your Relationship Manager contacted you yesterday with the good news that we will assist with the legal fee . We will request the Attorneys to attend to the matter urgently, in order to have your Court Application issued in Court, so you can be legally protected against your creditors.
I trust you will find the above in order.
Kind regards,
Heidi Bekker
Quality Assurance & Compliance Officer