Audi Financial Services v Safter (9990/13)
Audi Financial Services v Safter (9990/13) [2017] ZAWCHC 68; [2017] 3 All SA 778 (WCC) (28 June 2017)
The court found that the defendant voluntarily surrendered the vehicle, as evidenced by the signed notice of termination, and no contrary evidence was presented under oath. The agreement had been cancelled and confirmed by court order, so section 127(2) of the National Credit Act did not apply, and the defendant was not entitled to reinstate the agreement or resume possession of the vehicle. The plaintiff's evidence showed that SMS notifications of valuation were sent, and the defendant did not respond or tender payment. The auction was advertised in compliance with the Consumer Protection Ac…
Source excerpt
- Instalment Sale Agreement
- Repossession
- National Credit Act
- Consumer Protection Act
- Damages
- Auction Compliance