INVESTEC DO NOT BANK WITH THEM OR TRUST THEM

This is worst bank to bank with. I never knew you had to protect yourself against your own bank. ref no: IS/18/10-0112 - LW van BLerk Inbox

Lydia Fourie ********** Thu, Feb 14, 1:47 PM to TamarenT, Maggie Dear Tamaren, This matter is very urgent and requires input from your management, please the highest possible. It is indeed unfortunate that Ismail, who handled my file until recently, has resigned. He saw a lot of merit in my case and understood the issues. "Forget" for a moment the default judgement Investec had taken against me. I turn the clock back to a time before Investec sued me. Incidentally, Investec sued me for an amount of money they had paid (erroneously, according to me) to my ex-husband, because he complained of alleged unauthorised transactions on a secondary card that was linked to his account. This card was issued by Investec. I did not go to Investec and issued a card to myself. The only person who could have asked for this card is Mr van Blerk himself. A number of years ago, Mr J van Blerk (my ex-husband) lodged complaints first to Investec and then to the Ombudsman in respect of alleged unauthorised transactions on a secondary Investec card, following which he, Investec and the Ombudsman were part of a process / processes (FROM WHICH I WAS EXCLUDED FOR REASONS UNKNOWN TO ME AND OF WHICH PROCESSES I WAS NOT EVEN AWARE OF AT THE TIME). During the aforesaid processes from which I was excluded and of which I was not aware, my ex-husband planted the seed that I was the guilty party who did the so-called unauthorised transactions. BUT: If I had been invited by the Ombudsman and/or Investec to participate in the aforesaid processes at that time (AS SHOULD HAVE HAPPENED), I would have explained to all involved what the true nature of the transactions were and that they were definitely not unauthorised as my ex-husband had alleged. HOW DO I GET A SECONDARY CARD ON ANY ONES ACCOUNT WITHOUT THEM APPLYING FOR IT. Had I been allowed to participate as aforesaid and to state my case at the time (WHICH WAS/IS MY RIGHT), my explanations would have convinced the Ombudsman and Investec that the transactions were not unauthorised as alleged - and then Investec would not have paid the amount of money that my ex-husband claimed from them - and then Investec would not have sued me. The account holder was Mr JP van Blerk and I had a secondary card to his card. This is the aspect that I want the Ombudsman to address and this is what my complaint is all about, namely my erroneous exclusion from the abovementioned processes and how my rights were violated as a result of the aforesaid exclusion. I was excluded from this process, but I have to pay for it. Where did I apply for this card. At a time when my name was mentioned in the same breath as unauthorised transactions, nobody (not the Ombudsman, not Investec, not my ex-husband) took the trouble to contact me and invite me to answer to the allegations made against me - and this failure to involve me in the processes violated my right to state my side of the story. My understanding is that the Ombudsman was - interestingly - at the time of my ex-husband's complaint) critical of Investec's poor security systems, i.e. not keeping proper records of who requested the secondary card). In addition, Investec account holders generally have 45 days to complain about transactions. In my ex-husband's case, he was significantly out of time with his complaint and yet the Ombudsman's / Investec's processes were such that his complaint was entertained (WITHOUT GRANTING ME AN OPPORTUNITY TO FIRST GIVE MY INPUT AT THE TIME). The outcome that I seek - and that I believe would be fair and equitable - is for the Ombudsman to (a) acknowledge and rule that the abovementioned processes were flawed, because I was not invited to participate in them as aforesaid, thereby violating my right to state my side of the story; (b) that the Ombudsman order Investec to halt all further legal steps against me (specifically the contemplated execution auction of my house on 20 March 2019); and (c) that the Ombudsman order a discussion - under the auspices of the Ombudsman - in which all relevant parties are involved - about how best to resolve this matter. Background information regarding the legal process: Investec took default judgement against me at a time when I was not represented by an attorney. By the time I was in a position to bring an application for rescission of judgement, the court essentially ruled that I had taken too long to bring the rescission application. Why should you need to protect yourself against a bank when you had an authorised card? Therefore, since the time that my ex-husband had lodged his complaint, I have never been granted an opportunity to actually state my side of the story - and this should have happened right at beginning as stated above. When Investec called me I told them get Mr Van Blerk around a table, as they wanted to reverse my transactions. My words were reverse debit then you reverse the credits as well there is no unauthorized transactions at all I have it for 13 years. The crux of the matter is that Ombudsman and/or Investec should have invited me to participate in the said process(es) at the time when my ex-husband lodged his complaint. The fact that I was excluded as aforesaid, had a severe, adverse impact on my right to also state my case and severely violated my audi alteram partem right. Additional factors that should weigh in my favour and that should support the outcome outlined in paragraph 12 above, are the following: 16.1 After I had been sued by Investec, my ex-husband actually offered to refund Investec. However, at the last moment he did an about turn - probably because he had spent the money Investec had paid him and/or because he could not access additional funds. He emigrated to the USA relatively soon after Investec had paid him the abovementioned amount of money following his complaint. 16.2 After Investec had taken default judgement against me and before I app**** for a rescission of judgement, Investec caused the sale of a vacant erf registered in my name and the net proceeds were paid directly to them. Consequently, Investec is in possession of approximately R248,000.00 of money that I believe rightfully belongs to me. 16.3 Furthermore, and knowing full well that we (my 2 minor children, myself and my husband have nowhere else to go), Investec now wants to auction our residential house.

I don't know on what basis the Ombudsman instructed Invested to refund JP van Blerk. Mr van Blerk asked for the proof where he app**** for the secondary card that was issued to me(Lydia van Blerk). I hereby enclose there response that says the following: Our response:

1. Investec Private Banks process stipulates that no extra cards will be issued without the consent of the account holder. The initial extra card or secondary card was issued on the 30th October 2001 and subsequent renewal cards were issued as required. Whilst Investec is not in possession of any documents recordings your consent to the issuing of the extra card we rely on our established process that ensures that ensures that no extra cards are issued without the required consent. - where did I Lydia van Blerk request it. Give my the documents I did not. They don't have any paperwork no I have to pay.

2. Investec does not retain all records for all clients and unfortunately we have not been able to locate the form recording your consent for the extra card to be issued to Mrs van Blerk. - Give me the form where I have app**** where did a ***** it.

3. All statements from the date of issue detailed the transactions that were performed using the extra card and these were separate on the statements. - this is complete non sense JP van Blerk draw statements on the internet every week and secondly all the transaction I have performed are listed at the bottom of the primary account holders account.

4. Clause 6.3 of the statement standard terms and conditions of use of the Private Bank account reads "if the account holder and or extra account holder has not denied liability regarding a debt on the account and or raised within 45 days of the of the day indicated on the statement as the date of issue of such statement, the account holders/ extra account holder shall be deemed to have admitted liability to Investec in respect of such debit and to have accepted that statement as true and correct, unless the contrary is proved by the account holder. - Investec refunded Mr van Blerk transaction going back years. 5. Our records to do not reflect any written notice delivered to Investec as contemplated per clause 4 above - Investec has no paper trail at all. A secondary card was issued to me in October 2001 and Mr van Blerk had apply for it or phoned in for so how did I get and got it renewed as well. Even the DHL guys delivered the secondary card to Mr van Blerk he personally gave it to me. 6. Our records do not reflect any request to revoke the extra card prior to the communication received received from you during June 2013.

Read my comments that I gave Investec

" In an attempt to resolve the concerns that you have raised we have been in contact with Mrs van Blerk who has confirmed that she may have used the extra card with the intention to use another card held in her personal capacity. We have offered to facilitate the transfer of these transaction to her account which she was happy to consider provided that credits to the account made by her were also transferred. It is our view that due to the fact that Mrs van Blerk benefited from the transactions on the account and deposited her funds into the account that this matter should be resolved between you and Mrs van Blerk. We will gladly assist with the resolution of this matter but will require consent from all parties to ensure that the correct transactions are transferred. We will furthermore require consent to provide this information in a format that you are satisfied with as we must respect your rights to confidentiality. - How do I get a secondary card on my ex-husband account without authorisation? Where did I sign for the debt as I am not the main account holder. The ombudsman made the ruling that Mr van Blerk should be refunded. Because Investec did not have one signed paper nor telephone recordings that Mr van Blerk app**** for it. On the basis of no proof. Give me my proof I have rights to. No ******** case was open and how do I enrich myself when I have deposited most of this money in the first place. Investec admits this. Mr van Blerk did not want the round table because then he would owe me a hell of lot of money. I got sued from Investec for the money that they refunded Mr van Blerk. Which I never signed surety for either. Furthermore they state this is a matter between Mr and Mrs van Blerk, but when they had to refund van Blerk, I became the victim. I had no rights then. If I did something wrong why did the ombudsman not call me. Why was no ***** case opened. I did nothing wrong. I used a secondary card that was issued to me and authorised on more than one level. It was when Mr van Blerk received this letter from Investec that he went to the ombudsman. Now he was laughing to the bank all the way. Even better if I did something in the wrong why did Investec not sue me for ***** then if I got this card unauthorised. This was a matter between Mr and Mrs van Blerk as Investec state in there letter dated 23rd JUly 2013, but when they lost the case at the Ombudsman it became a case for Investec.

Park the Judgement that is there, my case is build on my rights. If I am an unauthorised card hold / user or whatever you want to call it, The new case I want you to investigate is,

where did I do anything unauthorised? where did I get the card from? How could a bank sue a secondary card holder when she had legal authorization? There is all the proof I have deposited the money in the account in the first place. All Investec wants is someone to pay for their loss. someone must pay for there lack of administration.

These above questions has nothing to do with Judgement! How could Mr van Blerk the main card holder is not responsible to any debt on the card, because there is no proof of the application of a secondary card, but the secondary card holder gets sued for the money on card. Give me my proof where did I apply or speak telephonically and apply for it *******ly. I have rights too. I had a card with full authorisation, unless they can proof I have done in the wrong. I am not responsible for this.

The ombudsman made a ruling on the fact that Investec slipped up not that it had to be recovered from the secondary card holder, surely the ombudsman would have asked for my opinion?

I therefore implore you to please consider this case a matter of urgency and priority. If necessary, I will travel to Johannesburg with or without my attorney to meet with you and your managers. Yours sincerely Lydia Fourie (previously van Blerk) Tamaren ten Oever via kiklo.onmicrosoft.com

Fri, Feb 15, 9:34 AM to me, Maggie Good day mam Please be advised that your matter has been escalated to a manager for review. The manager will be in contact with you in due course. Kind regards

Tamaren ten Oever Adjudicator

Direct Line +27 11 ********** Tel +27 11 ********** Sharecall +***0 Fax +27 86 ********** Website www.obssa.co.za

Physical Address 34 - 36 Fricker Road, Ground Floor, Illovo, Johannesburg, 2196

Ombudsman For Banking Services press office

Ombudsman For Banking Services social media page

Lydia Fourie **********

Feb 19, 2019, 10:59 AM

to TamarenT

Hi Tamaren

Hope you are well. Is there any feedback on this. Can you please confirm claim of receipt.

Regards, Lydia

Tamaren ten Oever via kiklo.onmicrosoft.com

Feb 19, 2019, 11:10 AM

to me

Dear Lydia I have forwarded your email to my manager. I trust you find the above in order. Kind regards

Tamaren ten Oever Adjudicator

Direct Line +27 11 ********** Tel +27 11 ********** Sharecall +***0 Fax +27 86 ********** Website www.obssa.co.za

Physical Address 34 - 36 Fricker Road, Ground Floor, Illovo, Johannesburg, 2196

Ombudsman For Banking Services press office

Ombudsman For Banking Services social media page From: Lydia Fourie ********** Sent: Tuesday, 19 February 2019 11:00 To: Tamaren ten Oever **********

Lydia Fourie **********

Feb 19, 2019, 12:19 PM

to Tamaren

Good day Tamaren,

Thank you for referring this up high, If I need to come and see the highest level of authority I will come up to you. I need to get this sorted, we can not loose our house to something that I was not in doing any wrong in the first place. The is extremely urgent.

Thank you for your help

Lydia Fourie **********

Feb 19, 2019, 2:32 PM

to Tamaren

Good day - ref no: IS/18/10-0112 - LW van BLerk

Let's make it easier for you, only one question I have for Investec "How did I apply for this so-called unauthorized card and used it for thirteen years". How can an authorized card have unauthorized transactions on. When is a transaction unauthorized? The only reason Mr Van Blerk got refunded was because Investec could not provide a paper trail or legal documents or *****ed documents that I app**** for this without his authorization. This application was done by Mr Van Blerk and Investec have no proof of this, so therefor my question is where did I apply for it?

This is why this is a new case I want my documents, my proof where I app**** for it. How could I apply for a card on someone else account?

Regards, Lydia

Lydia Fourie **********

Feb 25, 2019, 9:49 AM (8 days ago)

to Tamaren

Hi Tamaren

Hope you are well. I know you said your manager will get back to me regarding this matter, but unfortunately no one contacted me yet. Can you perhaps find out for me what the progress is regarding this matter.

Regards, Lydia Fourie **********

Lydia Fourie **********

Feb 25, 2019, 10:09 AM (8 days ago)

to Tamaren

Hi Tamaren

Is it possible that you can send me the telephone number where I can contact your manager, because I need answers today. It's a very urgent matter.

Regards, Lydia

Tamaren ten Oever via kiklo.onmicrosoft.com

Feb 25, 2019, 10:52 AM (8 days ago)

to me

Good day Mam I have forwarded your email to my manager. I trust you find the above in order. Kind regards

Tamaren ten Oever Adjudicator

Direct Line +27 11 ********** Tel +27 11 ********** Sharecall +***0 Fax +27 86 ********** Website www.obssa.co.za

Physical Address 34 - 36 Fricker Road, Ground Floor, Illovo, Johannesburg, 2196

Ombudsman For Banking Services press office

Ombudsman For Banking Services social media page From: Lydia Fourie ********** Sent: Monday, 25 February 2019 10:09 To: Tamaren ten Oever **********

Lydia Fourie **********

Feb 26, 2019, 12:41 PM (7 days ago)

to Tamaren

Good day Tamaren,

Could you please give me an indication on the turn around time on this please. I really need this sorted out urgently.

Kind regards

Tamaren ten Oever via kiklo.onmicrosoft.com

Feb 26, 2019, 1:51 PM (7 days ago)

to me

Good day Mam Your below email is duly noted. Please be advised that this matter is no longer with me and therefore my manager, Mr Edrich Buytendorp will address you in due course. I can unfortunately not provide a turnaround time as I am not involved in the review process. Kindly note that all the files that need to be reviewed by the managers are of an urgent nature and therefore the managers attend to the review in a chronological order from when they received the review file. Kindly note that my manager is well aware of your complaint and I have advised him of your follow up emails. I apologise that I cannot be of more assistance to you herein. Kindly await feedback from my manager as per your request. I trust you find the above in order. Kind regards.

Tamaren ten Oever Adjudicator

Direct Line +27 11 ********** Tel +27 11 ********** Sharecall +***0 Fax +27 86 ********** Website www.obssa.co.za

Physical Address 34 - 36 Fricker Road, Ground Floor, Illovo, Johannesburg, 2196

Ombudsman For Banking Services press office

Ombudsman For Banking Services social media page

From: Lydia Fourie ********** Sent: Tuesday, 26 February 2019 12:42 To: Tamaren ten Oever ********** Subject: Re: ref no: IS/18/10-0112 - LW van BLerk Good day Tamaren, Could you please give me an indication on the turn around time on this please. I really need this sorted out urgently. Kind regards Lydia Fourie Edrich Buytendorp ********** via kiklo.onmicrosoft.com Fri, Mar 1, 10:26 AM (4 days ago)

Dear Ms Lydia van Blerk As per our offices communication, in light of your objection to the findings contained in our Assessment Report, the matter was escalated to the writer hereof for consideration. After revisiting the facts / supporting documentation our submissions are as follows: With regards to your complaint about your ex husband lodging a complaint to our offices and our offices failing to communicate with you regarding same, kindly note that your ex husband’s complaint is purely that, his complaint. Please note that our office did not have a duty to contact you or liaise with you regarding your ex-husbands complaint. Further to this, the matter was actually settled without our office intervention. We merely opened the file and forwarded it to the bank. No decision was made by our office as the matter was settled between your ex husband and the bank. The Bank instituted legal action against you, this is therefore a matter that is before the court. Our office cannot communicate or interfere with same. Legal advice will be your best recourse as explained to you in the previous communication and assessment sent to you from our offices. Upon receipt of your objection to our findings, writer hereof investigated your complaint and the complaint lodged previously by your ex-husband. Please be advised that our office is not in a position to provide info or divulge facts regarding your ex-husbands complaint as same is private and confidential. Based on the information provided to this office there is no evidence to suggest that the Bank was incorrect in instituting legal action against you, furthermore our office has no mandate to interfere with a court order. You are at liberty to approach the court that granted the judgement against you and challenge the judgement there. Our office cannot interfere with court proceedings as stated in the assessment sent to you. On the evidence presented to this office, we are sympathetic towards you and the unfortunate situation you find yourself in. There is unfortunately no basis for any other finding. Should you remain unhappy with our finding, you are at liberty to pursue the matter further via another forum. Regretfully for reasons noted above and for reasons already provided to you, we are unfortunately not in a position to render any further assistance. We advise that whilst we sympathize with your situation, on the available information there is simply no basis upon which we can make a recommendation in your favour in this matter or assist you in any way further. Writer hereof confirms the findings made by the adjudicator in this matter, which has been clearly explained to you. The matter is closed from our side as per the Assessment we sent to you. No further correspondence will be entered into, on the same set of facts. Edrich Buytendorp Manager : Assessments

Direct Line +27 11 ********** Tel +27 11 ********** Sharecall +***0 Fax +27 86 ********** Website www.obssa.co.za Ombudsman For Banking Services social media page Physical Address 34 - 36 Fricker Road, Ground Floor, Illovo, Johannesburg, 2196 It is quite clear, the complaint was lodge at the ombudsman and Investec then settled it quietly with Mr JP van Blerk, because they had no proof.

I got sued of the payout that was made to Mr JP van Blerk when I did nothing wrong and had legal authorised card on his account.

When I approached the ombudsman they are not allowed to defend my rights.

INVESTEC MUST GIVE ME MY PROOF WE DID I DO SOMETHING *******. I WILL NEVER BANK WITH THEM AGAIN NOR TRUST THEM WITH ANTHING YOU AS THE INNOCENT CLIENT WILL PAY FOR THEIR MISTAKES: THEY DO NOT HAVE THE ***** TO SAY WE ARE AT FAULT HERE.