In today’s tough economic climate, more South Africans are struggling to meet their vehicle loan repayments. After a period of improvement, defaults on car loans have once again risen in the second quarter of 2024, with an alarming increase of 21% in first-time defaulters. As consumers grapple with rising costs, understanding the car repossession process and knowing your rights is crucial.
Defaults on Car Loans: A Growing Concern
The latest data from the Experian Consumer Default Index shows that from March 31 to June 30, 2024, the total outstanding balance on car loans increased from R505 billion to R508 billion. The amount owed by first-time defaulters shot up from R4.8 billion to R5.8 billion. This troubling trend suggests that more consumers are struggling to keep up with their repayments, raising concerns about car repossessions in the near future.
Prioritizing Essentials Over Nice-to-Haves
Howard Gabriels, lead ombud for the Credit Division at the National Financial Ombud Scheme (NFO), urges consumers to focus on essentials such as education, healthcare, and savings, instead of non-essentials like a new car. “In difficult economic conditions, consumers should reassess their budgets and consider long-term financial consequences,” Gabriels advises. This shift in financial priorities can help avoid the potential heartbreak of losing your car through repossession.
What Happens If You Default?
Under a vehicle finance agreement, your car technically remains the property of the bank until you fully repay the loan. If you miss your repayments, it can have significant consequences, including:
Credit report impact: Your default will be recorded, affecting your ability to access credit in the future.
Legal action: The bank may take legal steps to recover the debt, which could result in high legal fees.
Repossession: If the bank repossesses and sells the car at auction for less than what you owe, you will be liable for the shortfall.
Know Your Rights: What Banks Can and Cannot Do
Banks are required to follow strict procedures before they can repossess your vehicle. According to the National Credit Act, the repossession process can only start after 20 days of missed payments. The bank must first send you a Section 129 notice (letter of demand) and try to help you bring your payments up to date. Legal action is only taken if this process fails.
Importantly, the bank cannot repossess your car without a court order or your direct consent through voluntary surrender. Here’s what needs to happen for legal repossession:
1. Section 129 notice: You will receive a formal letter informing you of the default.
2. Summons: You will be served with a summons to appear in court.
3. Judgment: The court may issue a judgment declaring your car as executable.
4. Warrant of execution: A Sheriff of the Court will deliver a warrant, allowing the repossession of your car.
If the bank cannot prove it sent the Section 129 notice, the court will not grant repossession. However, this notice only needs to be sent to your registered address; it’s essential to ensure your contact details with the bank are accurate.
Voluntary Surrender: An Alternative to Legal Action
If you find yourself unable to meet your repayments, you have the option to voluntarily surrender the vehicle. This can avoid the high legal costs associated with a court-ordered repossession. However, it’s crucial that you make this decision without being pressured by the bank or a debt collection agency.
Communicate Early to Avoid Repossession
One of the most important steps you can take if you’re struggling financially is to communicate with your bank early. While the bank isn’t legally required to accept a payment arrangement, opening a dialogue might lead to a mutually beneficial solution. Waiting until the repossession process is underway can limit your options and lead to unnecessary costs.
Where to Get Help
The National Financial Ombud Scheme (NFO) is there to assist consumers who are unhappy with the outcome of their queries from credit providers or banks. If your vehicle has been repossessed and you feel your rights have been violated, you can contact the NFO’s banking division for an investigation.
For assistance, call 0860 800 900 or visit NFO’s website for more information.
Falling behind on car repayments can be stressful, but knowing your rights and understanding the repossession process is essential for protecting yourself. Prioritize financial planning and communicate with your bank to avoid the long-term consequences of default. Remember, your car may be important, but safeguarding your financial future is even more
Source: IOL News