Brenda Rode

Formal Complaint Regarding ABSA Vehicle Finance - ******** Collection Practices, Credit Profile Misrepresentation, and Breach of POPIA

To Whom It May Concern,

I am writing to lodge a formal complaint against ABSA Vehicle Finance regarding their unacceptable and ******** practices concerning my vehicle finance account. I demand immediate action to rectify the issues outlined below.

1. Harassment and ******** Vehicle Repossession:

ABSA, despite having an existing payment arrangement with me, sent agents to forcibly repossess my vehicle, which was only two months in arrears. These agents engaged in relentless harassment, calling me more than five times daily, demanding the immediate surrender of my vehicle. The agents possessed sensitive personal information, including my bank statements and contact details, raising serious concerns about ABSA's compliance with the Protection of Personal Information Act (POPIA). When I raised concerns about POPIA, the collection agent became abusive, swearing at me and dismissing my concerns. This is completely unacceptable and constitutes a serious breach of professional conduct. Due to this extreme pressure and harassment, I was forced to surrender my vehicle. After surrendering the car, I was left without any communication for more than 3 days, not knowing the location of my car. ABSA then sent an email giving me 5 days to confirm if I wanted my car back, after already having evaluated the vehicle. I received a settlement amount from Monique, which was scheduled as an installment for the end of February, but delivered in the middle of February. The settlement amount of R33 661,34 was excessively high, significantly exceeding the outstanding arrears and effectively preventing me from reclaiming my vehicle. This amount was roughly twice the amount I owed. As a direct result of ABSA's actions, my family and I suffered severe financial hardship, including being unable to afford food and electricity. 2. Misrepresentation of Credit Profile and Refusal to Rectify Errors:

My credit profile now incorrectly reflects an eight-month default, a period I dispute. I demand a detailed explanation of how ABSA arrived at this figure. Despite my attempts to rectify this error with Monique, she refused to assist, citing "customer payment behavior" as the reason, which is unacceptable given the circumstances. My bank statement shows a credit of R3 987,55 on the account, which contradicts ABSA's demand for the excessive settlement amount. I require a full refund of this credit balance. This inaccurate credit profile is severely impacting my ability to secure financial services, including moving my account to another bank. 3. Breach of POPIA:

I am deeply concerned about the unauthorized disclosure of my personal information to third-party collection agents. ABSA's failure to protect my personal data constitutes a serious breach of POPIA.

Demands: I demand an immediate investigation into the conduct of the collection agents and the actions of Monique. I demand immediate rectification of my credit profile to accurately reflect my payment history. I demand a full refund of the R3 987,55 credit balance on my account. I demand a full explanation of how the 8 month default was calculated. I demand a full explanation of why the settlement amount was twice the amount owed. I demand compensation for the financial hardship and emotional distress caused by ABSA's actions. I demand a formal apology for the unprofessional and abusive behavior of the collection agent. I demand a written assurance that ABSA will comply with POPIA in all future interactions. I expect a prompt and satisfactory resolution to this matter. Failure to address these concerns will leave me no option but to escalate this complaint to the relevant regulatory authorities, including the National Credit Regulator and the Information Regulator.

I request a written response within [Specify a timeframe, e.g., 7 business days] outlining the steps ABSA will take to resolve this complaint.

Sincerely, Brenda Rod ***