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If your car or other property is repossessed, you might still owe the lender money on the contract. The amount you owe is called the "deficiency" or "deficiency balance."
Example Repossessed because of previous owner's debt A few months later, the car is repossessed by the company who sold it to the previous owner, who owed money on it and had not been making payments.
What process is followed when a vehicle is repossessed? This process is initiated with a Section 123 letter of demand, followed up with a summons and finalised at court resulting in a legally enforceable court order which authorises the repossession via a warrant of execution.
Repossession happens when your lender or leasing company takes your car away because you've missed payments on your loanand it can occur without warning if you've defaulted on your auto loan.
When and how your car can be repossessed in South AfricaThe process of repossession. In accordance with the National Credit Act, the first step of a vehicle repossession is receiving a letter of demand.Auction agency.Making a payment plan.Voluntary surrender.Selling your car.Debt counselling.
If you've missed a payment on your car loan, don't panic but do act fast. Two or three consecutive missed payments can lead to repossession, which damages your credit score. And some lenders have adopted technology to remotely disable cars after even one missed payment.
What is Repossession? The contractual right of repossession is a process where a creditor can legally take possession of a specific asset or property if a debtor fails to meet their obligations on a contract. This right of repossession exists in many different sorts of agreements and transactions.
Repossession is used to help lenders ensure that their debt is paid or as close to paid as is possible.
You can "redeem" the property by offering the creditor the entire unpaid balance on the debt plus expenses reasonably caused by the repossession. You must do this before the creditor has disposed of or sold the property. Usually you cannot redeem just by paying the amount in arrears unless the creditor approves it.
In order to repossess the vehicle an original court order with the stamp of the court needs to be present. If approached by anyone without a court order, it would be best to scrutinize all documentation very closely. Usually a sheriff of the court would have to hand over such a court order.