When your livelihood depends on your vehicle, as it does for many taxi operators, the repossession of that vehicle isn’t just an inconvenience. It’s a devastating blow.
A recent segment on SABC News brought this issue to the forefront, with Annaline van der Poel, COO of Debt Rescue, helping consumers understand what their rights and responsibilities are when it comes to credit agreements and debt enforcement.
The discussion was prompted by claims from members of the Tswaing United Taxi Association in the North West, who allege that SA Taxi Development Finance repossessed and damaged vehicles despite arrears being paid.
Van der Poel’s key message? Know your rights. Know your contract. Know the law.
“It’s critical that consumers understand what kind of agreement they’ve signed, whether it’s a credit agreement covered under the National Credit Act or not,” she said. “If it is, you have the right to apply for debt review before legal action is taken.”
She explained that in terms of the National Credit Act (NCA), credit providers must issue a Section 129 notice before approaching the court for a repossession order. Without a court order, repossession is illegal. The only exception? If a consumer voluntarily surrenders the vehicle under Section 127.
Van der Poel warned against relying on assumptions about the Prescription Act, especially with assets like vehicles. “Just because something isn’t on your credit record anymore doesn’t mean it’s prescribed,” she cautioned. “There are very specific legal timeframes and criteria involved.”
She also addressed the danger of misinformation, whether it’s misunderstanding payment obligations, moving without notifying your creditor, or assuming silence from the bank means your debt has vanished.
Watch the interview here:
