FirstRand Bank Limited t/a Wesbank v Davel (1229/2018) [2019] ZASCA 168 (29 November 2019). FirstRand Bank Limited t/a Wesbank (Wesbank), concluded a written instalment sale agreement with Davel, in terms of which he purchased a 2010 Volkswagen Polo, payable over 59 months with a balloon payment in the 60th month. Davel fell behind on the… Continue Reading
Things to Think About when Hiring a Debt Collection Agency
While seeing to it that your business is paid what it is owed, and as such gains improved management over its cash-flow, debt collection is sometimes a necessary part of conducting business. Unfortunately, your debtors won’t always meet their obligations to you, and in such case, using the services of lawyers and legal solutions to… Continue Reading
Prescription of Municipal Debt
Prescription of municipal debt On 13 February 2017, in the case of Argent Industrial Investment (Pty) Ltd and Ekurhuleni Metropolitan Municipality, the court had to rule on whether the municipality’s claim for water consumption had prescribed. The court concluded that If a consumer receives a utility bill reflecting, for the first time, charges older than three… Continue Reading
When an Emolument Attachment (or Garnishee) Order is invalid
Practical application of emoluments attachment order judgment for employers: University of Stellenbosch Legal Aid Clinic and 15 others v Minister of Justice and Constitutional Development and 17 others (Western Cape High Court 16703/14) case Source: Webber Wentzel Background In this decision the High Court pronounced on the apparent large-scale abuse of emoluments attachment orders (EAOs)… Continue Reading
Debts, Recovery of…
This is a very basic explanation of the process and does not deal with opposition by the debtor. What to do when someone owes you money Debts arise in two ways – when a person fails to pay a previously agreed sum of money, such as rent or the full purchase price of goods; or… Continue Reading
Getting people to face up to financial reality
One of the most common mistakes people make with their finances is waiting too long before they start investing for their old age. And the financial services industry should be doing more to ensure that individuals are saving enough for their later years. Getting people to face up to financial reality The Star’s Personal… Continue Reading
Liquidation of a company
What happens when a company is wound up Liquidation of a company Is your company experiencing financial difficulties? We can advise you on the best course of action indealing with creditors that are hounding you for payment. In South African Law, a company can be liquidated (wound up) either voluntarily (by members of the company… Continue Reading
How to Make a Budget and Stick to It
If you want to keep your spending under control, it’s essential that you make a budget. A budget allows you to get a handle on the flow of your money — how much is coming in and where it goes out. With that information in hand, you can make intelligent choices about how to spend.… Continue Reading
Knee Deep in Debt
Having trouble paying your bills? Getting final notices from creditors? Are your accounts being turned over to debt collectors? Are you worried about losing your home or your car? Knee Deep in Debt Source: http://public.findlaw.com This article is based upon a FindLaw American article by the same name but has been amended to meet South African… Continue Reading
How do I get rehabilitated?
A brief summary of the rehabilitation process I was declared insolvent about 4 years ago and would like to be rehabilitated. Can you please send me information on how this is done? As an unrehabilitated insolvent, it is unlawful to incur credit (without your trustee’s written consent) and you are obliged to advise all your… Continue Reading
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