TC
Theo C

1 reviews | Active since Oct 2025

26 May 2026, 06:19

FirstRand / Hammond Pole Attorneys – Rescinded High Court Judgment Yet Continuing Credit Listing and Financial Prejudice | Case No. 35922/2020 | Multiple Regulatory Complaints Now Active

I am posting this after multiple attempts to resolve the matter directly and privately with FirstRand Bank / FNB and Hammond Pole Attorneys over an extended period. A default judgment was previously obtained against me and subsequently rescinded by the High Court on 21 January 2026 through an unopposed rescission process initiated by the bank’s own attorneys. Despite the rescission of the judgment, adverse credit listing consequences have continued for months thereafter, resulting in ongoing financial and reputational prejudice. The unresolved position has required: • formal Section 72 National Credit Act disputes, • regulatory escalation, • Legal Practice Council engagement, • FSCA-related complaints, • and continued correspondence with the relevant parties. The matter concerns, among other things: • the obtaining and subsequent rescission of a default judgment, • continuing adverse credit bureau consequences after rescission, • repeated attempts to resolve the matter directly, • and ongoing prejudice affecting access to finance and normal financial activity. I have repeatedly attempted to resolve the matter constructively and commercially before posting publicly. Multiple written communications, settlement-oriented proposals, procedural correspondence, and regulatory escalation steps were undertaken prior to this post. The High Court record already contains extensive documentation and annexures relating to: • the rescission proceedings, • procedural correspondence, • disputed service issues, • continued adverse listing prejudice, • and the chronology of the matter. Relevant annexures and references already forming part of the broader record include: • Annexure M – written FNB correspondence regarding prescription and judgment concerns, • Annexure R – subsequent clarification correspondence from FNB Legal, • Annexure G – Ombud-related correspondence, • Annexure Q – issues relating to proof of service, • Annexures TC-2 to TC-8 – procedural filings and High Court correspondence. The continued unresolved listing position has caused ongoing prejudice, including difficulty obtaining finance and continued impairment of my credit profile despite the rescission of the judgment. Although Hammond Pole Attorneys only subsequently instructed Experian on 25 May 2026 to remove the adverse listing, the adverse listing nevertheless remained active for more than four months after the rescission order granted on 21 January 2026, with the resulting prejudice and adverse consequences continuing unabated as at the date of this publication. This is particularly concerning given that, on my version and according to the documentary record presently before the High Court, no adverse credit listing ought to have been recorded in the first instance following the disputed and subsequently rescinded default judgment granted during 2023.” This post is made in the public interest and for factual record purposes only, particularly given the prolonged procedural history and the ongoing prejudice that continues despite repeated attempts to resolve the matter directly. Regulatory / complaint references connected to this matter: • LPC Ref: 526/2026 • FSCA Ref: 1-351255 • Experian Ref: EXPERIAN-*** These references are included purely for factual and record purposes. Should any regulator, journalist, attorney, or similarly affected consumer require verification of the referenced documentation already placed on record, correspondence may be directed to: *** All disputes, allegations, and regulatory concerns referenced herein remain subject to applicable legal, regulatory, and judicial processes. I remain willing to engage constructively toward final resolution.

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Replies (7)
TC
Theo C's update03 Jun 2026, 11:32
Reviewer Update
UPDATE – 3 June 2026
Following my original complaint, FNB contacted me directly and advised that the matter would receive attention and that I would receive further feedback within the timeframe indicated.
Since then:
• I have continued engaging in good faith and have provided supporting documentation.
• A POPIA-related complaint has been lodged and supporting documentation has been submitted.
• The matter remains the subject of ongoing High Court proceedings.
• FNB has now advised that my internal complaint (reference ***NF) has been closed.
• The response provided focuses primarily on FNB's current position regarding prescription.
However, several issues which I raised remain unresolved, including the continued adverse credit-listing consequences following rescission, the prejudice suffered, and other matters already documented in the court record.
Of particular concern is that the latest position appears difficult to reconcile with certain previous written communications issued by FNB, some of which already form part of the documentary record before the High Court.
I have afforded FNB a final opportunity to provide a substantive response addressing these outstanding issues.
I remain willing to engage constructively toward a comprehensive resolution, but absent meaningful engagement I will continue pursuing the matter through the appropriate regulatory, oversight, consumer-protection, public-interest, and legal channels available to me.
I will provide further updates as matters progress.
TC
Theo C's update08 Jun 2026, 09:01
Reviewer Update
UPDATE 8 JUNE 2026
Despite extensive engagement with First National Bank (FNB) since October 2025, this matter remains unresolved.
The dispute has involved:
• FNB Complaint Reference ***F
• FNB Complaint Reference ***NF
• A disputed judgment under Case No. 35922/2020
• A High Court rescission order granted on 21 January 2026
• Ongoing credit-bureau disputes and adverse listing issues
• Regulatory and professional-conduct complaints
Most recently, I formally requested clarification from FNB and Hammond Pole Attorneys regarding documented contradictions within the record concerning:
• The status of prescription;
• The circumstances surrounding the judgment;
• The subsequent rescission proceedings;
• The continued adverse credit-reporting consequences; and
• The continued processing and retention of disputed personal information.
The request was supported by documentary evidence, including correspondence from both FNB and Hammond Pole Attorneys.
As no substantive response has been received addressing the issues raised, I have now escalated the matter for review through the appropriate channels and have placed the latest correspondence on record with the:
• Legal Practice Council (LPC)
• National Credit Regulator (NCR)
• Information Regulator
In addition, the matter has been referred to selected consumer-rights organisations, public-interest advocacy groups, accountability organisations, and media review channels for independent consideration.
The escalation package includes the chronology of events, the relevant correspondence, the rescission order, credit-listing documentation, and the formal contradiction notice delivered to the parties concerned.
I remain willing to consider any substantive written response that addresses the specific issues raised and provides clarity regarding the documented inconsistencies contained within the record.
Theo Conradie

TC
Theo C's update08 Jun 2026, 09:53
Reviewer Update
FNB JUDGEMENT RESCINDED YET CONTRADICTORY EXPLANATIONS CONTINUE

This matter has now been ongoing since October 2025 and remains unresolved despite multiple complaints, High Court proceedings, credit-bureau disputes, and regulatory escalation.
The key concern is the existence of documented contradictions within the record.
Annexure M (FNB correspondence) stated:
• Last payment: 5 March 2015
• No account activity: 6 March 2015 to 28 February 2018
• Summons served: 17 November 2020
The same correspondence stated that the debt "likely prescribed in March 2018" and further stated that any subsequent legal action could be "potentially invalid" unless prescription had been interrupted.
Thereafter:
• A default judgment was obtained under Case No. 35922/2020.
• The judgment was subsequently rescinded by the High Court on 21 January 2026.
• On 25 May 2026, Hammond Pole Attorneys requested Experian to remove the adverse listing following the rescission.
• On 3 June 2026, FNB advised in writing that the judgment had been "erroneously obtained."
The question remains:
How does a debt described by FNB as having "likely prescribed in March 2018", followed by a judgment later described by FNB as "erroneously obtained", reconcile with the chronology that ultimately resulted in years of consumer prejudice, legal costs, credit-profile consequences, and ongoing disputes?
The matter has now been escalated to the National Credit Regulator (NCR), Information Regulator, Legal Practice Council (LPC), media review channels, and public-interest advocacy organisations for independent review.
I remain willing to engage constructively toward a reasonable commercial resolution of the prejudice suffered, but after many months the contradictions remain unanswered.
FNB Complaint References: ***F and ***NF
TC
Theo C's update09 Jun 2026, 11:19
Reviewer Update
UPDATE 9 JUNE 2026
Following my previous reviews, I have now submitted a supplementary chronology and request for clarification to the Legal Practice Council and the Information Regulator, with FirstRand Bank Limited (FNB) and Hammond Pole Attorneys copied.

The chronology compares various documents and correspondence, including:
• Annexure "M"; • Annexure "Q"; • The response submitted by Hammond Pole Attorneys to the Legal Practice Council; • The rescission proceedings; • Correspondence issued by FNB, including the email dated 3 June 2026.

Particular clarification has been requested regarding the alleged payment dated 21 May 2020, which is recorded in Hammond Pole Attorneys' response to the Legal Practice Council.

I have respectfully requested the production of the underlying documentary records re**** upon in support of that alleged payment, including account statements, transaction records and source documentation.
Further clarification has also been requested regarding the differing positions concerning prescription, service of the summons, the default judgment granted on 13 October 2023, the rescission order granted on 21 January 2026, and the continuing consequences flowing from the related credit information.
The purpose of these submissions is to obtain clarity and a fair resolution based on the documentary record.
TC
Theo C's update09 Jun 2026, 12:31
Reviewer Update
  • UPDATE – 9 JUNE 2026 (FURTHER DEVELOPMENT)
As the matter remains unresolved following several months of engagement, complaint references, credit bureau disputes, regulatory complaints, High Court proceedings and the rescission order granted on 21 January 2026, I have now expanded my efforts beyond the original complaint channels.
In addition to the supplementary chronology recently submitted to the Legal Practice Council and the Information Regulator, I have approached independent media and public-interest advocacy organisations to determine whether the matter raises broader consumer-rights, credit-reporting, data-accuracy, procedural fairness and accountability issues.
The purpose of these further approaches is not to escalate for the sake of escalation, but to seek guidance, transparency and a fair resolution based on the documentary record.
My hope remains that this matter can ultimately be resolved constructively and commercially, without the need for further proceedings, and that the prejudice suffered following the rescinded judgment and related credit information can be addressed fairly.
I remain willing to engage in good faith and look forward to a substantive resolution.
TC
Theo C's update08 Aug 2026, 16:25
Reviewer Update
Apparently, a payment of 21 May 2020 exists — at least on paper.
The interesting part is that, despite specifically being asked on 9 June 2026 to produce the account statement, transaction record, payment reference, source document or any other documentary evidence proving this alleged payment, neither FirstRand nor Hammond Pole Attorneys has produced the underlying proof.
Not the statement.
Not the transaction record.
Not the payment reference.
Not the source document.
Nothing.
Yet this alleged payment was apparently important enough to rely upon when addressing prescription.
So the obvious question remains: where is the documentary evidence confirming that the payment actually happened?
I have been waiting for the evidence, not explanations.
At this stage, the silence is becoming rather more interesting than the alleged payment itself.
TC
Theo C's update13 Aug 2026, 12:11
Reviewer Update
Update – FNB Complaint ***NF
FNB confirmed in writing on 3 June 2026 that my complaint had been “investigated” and closed.
Apparently, however, the investigation did not include producing the documentary evidence for the alleged payment dated 21 May 2020 — the very payment that is central to the dispute concerning prescription and the subsequent legal and credit consequences.
I have repeatedly requested the underlying transaction/account records supporting this alleged payment.
Following my latest correspondence, FNB has now asked me to provide my ID number or loan account number so that they can “assist me further.”
The slight irony is that FNB itself already assigned the matter complaint reference ***NF and previously confirmed that it had investigated and closed that very complaint.
So, apparently:
Complaint closed.
Evidence still outstanding.
Investigation apparently continuing.
I have advised FNB that I do not have the loan account number readily available and have referred them to their existing complaint reference ***NF and their own records.
The matter has also been brought to the attention of the FSCA and South African Reserve Bank / Prudential Authority, with the documentary chronology of the material inconsistencies provided.
I remain perfectly willing to provide reasonable identification information required to locate the account.
What remains unanswered, however, is a much simpler question:
Where is the documentary evidence of the alleged 21 May 2020 payment?
That is the evidence I have been requesting.