RD
Richard D

1 reviews | Active since Sept 2019

02 Sept 2019, 10:53

******** and unauthorised deductions

After being retrenched last year, there has been numerous financial repurcussions that has followed. I was contacted by MFC in August regarding the overdue amount on my accounts. After being asked if I would like to reinstate the debit orders (and also receiving numerous sms requests), I specifically told them that I do not give consent to reinstate the debit orders on my bank account (after previous problems with MFC and their debit orders) and that the full installments due will be paid via EFT after which an arrangement to catch up on the arrears will be made. I started a new job in August. As promised, my wife did an EFT for the current installment amounts due on 29/08/2019 from her Nedbank account. This morning we discovered that MFC had, without my consent and without any notification, deducted the full amount of the arrears for the one account from my bank account, leaving a balance R644 with which I am supposed to be able to get to work and back as well as support my two school going children for the rest of the month. On 27 June 2019 judgment was handed down by the High Court sitting in Johannesburg with regards to the principal of "set-off" as commonly app**** by banks and the impact it has on taking away money from consumers needed for basic daily survival without warning or consent, as well as giving banks an unfair advantage over other creditors. The court ruled that In terms of section 124 of the NCA, the creditor must obtain the consumer’s authorisation to transfer funds from the consumer’s bank account to settle the debt owed by the consumer to the creditor. I have not given consent to MFC to withdraw money from my account or to reinstate the previoius debit orders, making this action ********. Please feel free to go and listen to your own recorded calls in this regard. The MFC call centre just referred me to the lady in charge of my case at collections, who, by the way is very hard to get hold of this morning, particularly taking into consideration the seriousness of the current situation and the banks total disregard for the law. At branch level the Nedbank staff also only pull up their shoulders and say there is nothing they can do and that the debits do not even reflect on their side. I need someone who is authorised and able to assist me in refunding the money ********ly taken from my account as a matter of urgency. Thank you.

0
Replies (2)
Motor Finance Corporation
Motor Finance Corporation's reply04 Sept 2019, 07:38
Official
Dear Richard Davies

We acknowledge receipt of your complaint.

Your complaint will be investigated and a service resolution specialist will be in contact with you to address your complaint and provide feedback thereof.

Kind Regards
Sharyl Naicker
Client Value Management

RD
Richard D's update01 Oct 2019, 09:38
Reviewer Update
Dear Sharyl,

I hope you are doing better than me this morning.

Thank you, after about 10 phone calls and being referred from person to person we werre assisted and the situation was rectified. However, today the same has happened again. After again specifying that I do not give consent for debit orders to run from MFC, my wife logged into my account this morning to do payments as required and had to realize with shock that MFC had again this morning deducted the full arrears for both vehicles plus a full instalment for the one basically debiting my whole salary from my account.

As this is once again an ******* action as per court ruling, I hereby request prompt attention to this matter and if this continues I will lay a complaint with the Ombudsman for Banking Services against Nedbank / MFC as they seem to have no regard for the law or any compassion for their customers in general. As now, once again I have to phone all my other creditors including my childrens school and tell them I can't pay today as promised, seemingly looking like just another ************* person because of the ******** actions of MFC (once again).

Thank you.
Sincerely,

Richard Davies
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