******* debit orders

I just realised that FNB has been taken money out of my account. I have contacted them by email and phone but the issue is not resolved. I am overseas right now and to make long calls to a bank is not ideal.

Since August 2017 a total of R7792 has been transferred out of my transmission account. This was done on eight random dates and even more random amounts. According to the call centre the money goes towards my loan. Thing is, I do not legally have a loan.

I was placed under sequestration in 2011. The loan was made in 2010.

No creditor can demand any payment for any debt I had.

FNB broke the law at least twice by doing this. In terms of Section 23(9) of the Insolvency Act, no creditor can attach any amount you hold in an account in your name. Yet, FNB seems to think they are above the law.

The second act they blatantly ignored is the prescription act. The loan was taken out in Jan 2010 and repayment was stopped in 2011. Now, out of the blue, 7 years later, money is taken out of my account towards this prescribed loan.

The Prescription Act says that contractual and delictual debts extinguish after three years from the date when it became payable (due).

A personal loan is contractual debt- where a debt arises from a contract between the debtor and creditor.

Why do FNB ignore this act?

If I don’t get a positive and quick response I will make it my mission to look deeper into this. I am most certainly not the only client who this has happened to.