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Kenneth R

1 reviews | Active since Jan 2016

13 May 2024, 12:23

Nedbank breaks the law in serving of summons

Nedbank probably have to be the worst bank to deal with. I have an account that is prescribed, and also shows as "Closed" on my credit report and they refuse to issue me with the relevant paperwork for the account, stating too, that they issued summons for the account. On requesting the "Return of Service" I noted that they sent it to an address that I have not lived at since 2018, that they put the summons into a "Communal Postbox" - this is not allowed as the procedure states clearly -

""" As far back as August 2020 a Sheriff is NOT allowed to drop a summons on the lawn / gate / postbox, This is according to a full bench (three judges) of the North Gauteng High Court, Pretoria, and as per an article also published in the IOL Newspaper on August 22. 2020 - who said a sheriff who served a summons always had a duty to ensure that it would land in the correct hands.

A summons can't simply be left on the grass or taped to the gate and must be delivered to someone residing on the premises over the age of 16. It goes on further to state:

When serving the process on any person other than the defendant, to enquire from that person whether he or she knows the defendant; whether the defendant does reside, work at or otherwise frequent the place at which the summons is being served; and whether it will be reasonably possible to bring the summons to the notice of the defendant within three days. The sheriff will be required to record the responses to these questions on the return of service."""

I have disputed this, now they simply ignore me. Given the amount on the account, they know it's not going to be financially viable for me to engage lawyers, but they do this with the knowledge that, that account is affecting my credit score, and impacts my rates when applying for any sort of finance.

I will never recommend Nedbank to anyone, and will strongly urge anyone to triple check their correspondence with their clients as they flout the laws knowing 90% of people do not know the laws they flout.

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