Another minor victory against Nedbank (28th May 2018)

Another minor win in court this morning this time against Nedbank. Minor because what we got was a postponement but that time is often what clients need to sort out their affairs/ sell their houses if appropriate or take other steps.

Avoiding an immediate sale for next to nothing is always a good thing. The issue was that the bank did not comply with the new rule 46A that came into force December last year which we contributed to the making of. This is the first time they have come to court asking for execution without complying (with my clients anyway) and they refused to back down and withdraw the application before court. I had to prepare to argue that they must comply with the rule and that non compliant shouldn’t be condoned by the court. In the end the bank’s advocate agreed with me that they couldn’t proceed without complying and we produced a postponement order by mutual agreement. So good news for my client. My worry however, is what would have happened if my client had not had funds to send me to court and what is happening with the legion of default judgments that happen every year. Is the court requiring the bank to comply when there is no one there to argue for the little guy?

( I won’t name the case as its ongoing)