MA
Mervyn A

1 reviews | Active since Jul 2013

14 Oct 2018, 18:34

Vexatious Litigation

Standard Bank has been using legal action as a tool to force me into submission to either selling my house or enter into an alternative agreement which will result in me paying 3 times more for my bond than what the original agreement was for. I app**** for debt review, the matter was set down but my situation needed the application to be amended. The Pretoria Court does not allow for amendments in these applications so the lawyer withdrew and filed another application the same day. The debt review matter was not opposed. The magistrate granted the order. Then the bank served a summons to me at the incorrect address after the debt review order and got a default unopposed judgment. After that the bank then tried to have the debt review order rescinded claiming the debt counsellor **** to the court in including the bond under debt review. The debt review order was granted in March and 3+ months later the default judgment was granted. The legal team appointed by me then postponed the rescission of the debt review, went to the high court and app**** for a rescission of the default judgment. Standard Bank filed intention to oppose but then never filed documents and did not pitch up in court. The judgment was rescinded with costs against Standard Bank. Then Standard Bank had to withdraw the rescission application as the facts were untrue and had to tender costs. A couple of weeks ago Standard Bank is filing in court again for the 4th time about the same bond. This is not good faith and the bank or the lawyers appointed is doing everything they can to take my home away from me. According to the legal team the legal term for this is res judicata. The same matter was in court 3 times and the matter has been dealt with. They cannot continue to take legal action as the vexatious procedure act is applicable. Legal fees are expensive and the bank has access to money which ordinary consumers don't. Standard Bank is using this in very vengeful and aggressive legal proceedings and this should stop.

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Replies (1)
Standard Bank
Standard Bank's reply15 Oct 2018, 10:49
Official

Good Day

We apologize for the inconvenience and frustration caused in your experiencing.

We at Standard Bank strive to make great banking happen for our clients. One of our resolution consultants will contact you to help resolve your complaint.

We greatly appreciate your continued support

Regards

Complaint Resolution Centre
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