Formal Complaint: Failure to Collect Surrendered Vehicle and Inflated Debt

Formal Complaint: Failure to Collect Surrendered Vehicle and Inflated Debt

Dear Sir/Madam, RE: ID Number ***4****5 I am writing to lodge a complaint regarding WesBank’s failure to collect a vehicle after I initiated a voluntary surrender process under Section 127 of the National Credit Act. in 2023 and 2024, I notified WesBank of my intention to surrender the vehicle and made it available for collection. WesBank subsequently sent sheriffs to collect the vehicle; however, they did not take possession of it. Despite my compliance with the surrender process, WesBank failed to complete the collection and instead sold my account to a debt collector, who is now contacting me. Furthermore: - I have already lodged a couple of complaints on HelloPeter regarding this matter. - WesBank only attempted to contact me this year, after I complained again on Hellopeter, claiming that I owe the debt. I dispute this claim because WesBank failed to collect the vehicle when they were given the opportunity. - I logged a dispute with TransUnion regarding this account, and TransUnion confirmed that the debt is prescribed. I also dispute the amount WesBank claims I owe. By failing to collect the vehicle when I made it available, WesBank caused the debt to inflate with interest and fees. This is unreasonable and contrary to the principles of the National Credit Act. I comp**** fully with the legal requirements, and WesBank’s failure to mitigate its loss should not result in financial prejudice to me. I acknowledge that a summons may have been issued previously; however, WesBank’s prolonged inaction and failure to collect the vehicle demonstrate unreasonable delay and unfair conduct. **Relevant Precedents and Guidance:** Similar cases have been addressed by the Credit Ombud and courts, including *Baliso v WesBank (Constitutional Court, 2016)*, which emphasized strict compliance with Section 127 of the National Credit Act. The National Consumer Tribunal has also ruled against credit providers for failing to follow proper surrender procedures and for engaging in unfair practices. Ombud rulings confirm that when a bank fails to collect a surrendered asset and inflates the debt, consumers are entitled to relief. I urge WesBank to consider these precedents and resolve this matter fairly. I hereby request: 1. A full explanation of why the vehicle was not collected. 2. Immediate resolution of this matter, including withdrawal of the debt from the collector and proper closure of the account. Please respond within 10 business days. If I do not receive a satisfactory response, I will escalate this matter to the Credit Ombud and the National Credit Regulator. Thank you for your urgent attention. Yours faithfully, JKM ***