The Voice - Consumer's Voice

Can they take me to court?

I lost my job last year August and have not been able to get work since. I have a mortgage with NDB and have not been able to pay since Jan 2019. I then engaged the bank in July telling them my situation and asking them for options on what we can do so that I do not continue to owe them. The bank said they can do nothing but to litigate me at my cost and get a court order to take my house from me.

I wrote them a letter requesting them to not litigate me as I can afford the legal costs of litigation, nor want the added stress and emotional burden of being taken to court and my name being publicly published in the newspapers bringing shame and humiliation to my name and family name. Publicising my name in such a manner will also hurt my prospects of future employment. In the same letter I requested to them that I surrender the property to them immediately as the end result of the litigation will be the same. They refused and said it is not their process they have to litigate.

I wrote them another letter and asked for 6 months to sell the house privately. They agreed to give me the 6 months, the deadline is December 2019 but they said they will still go ahead with the litigation process and implement the court order in December 2019. I have had 2 offers to buy the house but both have fallen through. I really do not want to be litigated especially since I am willing to surrender the property without the added extra cost and emotional trauma.

Can you please help me to convince them to allow me to surrender the property please? They do seem to understand the mental damage they are doing to us. I know I owe them and I honestly would pay if I had money but I don’t. I hope you can help me Mr Richard. Please.

I’m really sorry to hear about this situation. I can’t imagine how stressful this might be.

Unfortunately, I think I can understand why the bank are being so strict. Not every customer is as cooperative and decent as you are. I hear plenty of stories about consumer being abused by banks, but I also hear many stories about customers who do their best to avoid their obligations. I suspect that the bank is being extremely cautious, based on their previous experience of some people in your position. They need that order against you in case you aren’t able to honour your obligations.

The key thing is to keep talking to the bank. Let them know about everything that happens so they can never tell a court that you’ve been uncooperative.