Wesbank and BVZ incompetence and unfair legal action

Wish I could turn the hands of time and not do business with Wesbank. 2018 I took my vehicle finance with Wesbank and little did I know entering a relationship that will cause me frustrations and lead me to depression. In May 2019, retrenchment knocked at my doorstep and my financial stability was affected. But I still ensured I made monthly payments towards my commitment with Wesbank and a debit order would run from my account every 20th of the month until 2020 February. In March of 2020 with lockdown upon as due to Covid 19, I requested a payment relief from Wesbank so I could find my footing and get another job if not get assistance to repay my debt. April came and a debit order was never attempted on my account, and to me this suggested my request for relief had been approved since no deductions were made. I was grateful and began discussions with my brother to assist with my repayments until I can find another job meanwhile Wesbank is giving me a break for 3 months (which is what I asked for in my mail to Wesbank for the payment relief)

To my surprise came May 2020 and a debit was attempted on the account but bounced because at this point I had run out of funds. This is earlier than I expected, according to me this was only meant to happen in June if not July (ending of the relief period) I give Wesbank a call and I am told the relief was never approved and also that I didn't have retrenchment cover on my agreement. Okay, So I only got 1 month to sort my life out, then I call my brother to take over. From June 2020 to date my brother has been helping with my payments as I am still seeking employment in these tough times.

Did Wesbank late 2021 not drop a bomb on us and accuse us on missing payment. I have email trails between myself and Wesbank consultants, some pretty rude claiming I had been inconsistent with my payment from the time I got the car. How might I ask if you've loaded a debit order on my salary date and your debit has priority over all else hence it goes out in the Am's before Malls even start operating? My brother was at this point making cash payments to Wesbank as they also refused to switch debit order payment to a "third party" you must be kidding me! I then requested for my debit order date to be moved to the last day of the month which is when my brother receives his salary and all this to avoid all the interest I kept incurring every missed payment on the 20th as per my contract. Still this was rejected by Wesbank advising it would affect the term of the contract. My goodness! I am unemployed, and still trying my best to keep my car and good name and repay but this is now at the help of someone else who didn't even anticipate someday to have an expenditure of +R5400.

November 2021 I begin to receive legal letters from Wesbank attorney's on supposed defaults. I sent out proof of payments and although some payments were 2-3 days late (after the 30th) my brother always ensured payments were made. He has not skipped a single month. When Wesbank systems fail to trace funds or they're baked on a later date, it is never on them but on the client. There was 1 payment I recall my brother made using my name as Reference instead of the ref given. This payment took 3 months for Wesbank to trace and allocate. All while accusing that payment was never made and account in default. And to our knowledge, the only arrear amount on my account is of May 2020 when my relief was suddenly unapproved and debit was made and no funds were allocated to cater for it. This matter went on and I was sent legal fees demands from Wesbank to add on my brothers pile of responsibility. Which could have been avoided had the payment in question been traced on time and rectified. I had to bring in my own attorney to intervene and help us arrange a suitable arrangement for the 1 month arrear we're aware of and pay an additional R500 to my instalment amount.

January 2022 I receive my monthly statement from Wesbank and now suddenly the account is in order and only 1 arrear amount is reflecting. This to me suggests everything was sorted out even despite Wesbank calling to say they've seen the payment and fixed the account. From February 2022 to date (May 2022) my brother began making payments of R6000 towards my instalment and the rest go towards the arrangement made towards that R5500 default. However this has not been the case according to Wesbank. About a week ago I received an email from a Nelisiwe Mthembu from BVZ, a court order had been filled for supposed 4 months in failed payments. 4 months?! The arrears amount now is at +R21 000. I did not even receive summons to advise of this and immediately this matter was in court and Wesbank isn't now asking for the settlement amount, or the arrears paid in full but for the contract to be cancelled completely and they repo the car. Have I mentioned the settlement of the account is about 15months to me completing my agreement term? Oh now you do.

I bring back my attorney (more money from an empty pocket) advise of this and we send this Nelisiwe lady proof of payments from December 2021 until May 31st. Today I receive an email from Nelisiwe to say the proof of payments for Jan & March aren't clear and i need to resend. How are you not mentioning and apologising for the other payments you claimed weren't paid but suddenly reflect on the bank's statement. Which on this statement from the bank, there's a payment made in September 2021 but it was only picked up in May 2022. If this is not pure uncalled for harassment due to system issues or whatever issues this bank has when it comes to receiving payments when they are made if not latest banked the following day, a payment can go unpicked up for months.

I have sent the proof of payments once again and after this is all said and done, I need to understand why I am held liable for legal fees when it was the bank's fault. Why am I being threatened for a repossession when we have been making payments on the car? I am beyond frustrated and depressed by this matter and judging by the look of things, BVZ also took an unwarranted action against myself without ensuring the bank's information was accurate and to contact me to discuss this matter if there were any issues. They were just ready to file a case and now I have over R4000 in legal fees from them including my own rep fees. This is from a client that is unemployed and has been for nearly 3 years yet tried by all means with the help of my brother to maintain a good record and relationship with Wesbank.

I need this matter resolve and the legal fees removed from my liability because this matter had no business going the legal route had Wesbank called me when they assumed I missed a "second" payment. Not to wait for 3 and 4 supposed missed payments to not call me as their client but to rush to have their legal team issue a court order.