Repossession And Insurance Clarification

Summary

Repossession in south africa requires proper notification and a court order under the national credit act. If insurance exclusions for self-employment were not clearly explained, it may be a violation of the consumer protection act. You can start by addressing the issue with the store and escalate to the ombudsman for banking services if unresolved. Document all communications and consider lodging a complaint with the national consumer tribunal for further assistance.

Full Conversation

Regarding my Lewis account which is in arrears, now the store wants to reposess my furniture.
Thank you for sharing. Here is general legal information regarding repossession in South Africa, specifically Gauteng:
- A creditor (e.g., Lewis) must follow the *National Credit Act* (NCA) before repossessing.
- They must send a Section * notice advising you of the arrears and options.
- Repossession requires a court order unless you voluntarily surrender the items.
Have you received any formal notice or court documents regarding this repossession?
And in the amount, includes insurance but now they're saying it doesn't cover me for loss of income because I'm self employed
It seems the issue involves both repossession and insurance coverage. For clarity:
- Under the *National Credit Act*, Lewis must follow proper procedures before repossessing.
- Insurance policies differ in coverage. If self-employment exclusion wasn't highlighted, it might be misrepresentation.
Did you receive the insurance policy details, and were exclusions clearly explained?
Not clearly explained. Because I didn't know that It wouldn't benefit me if I have financial issues to pay for the account. Just like an employed customer who claim during loss of employment
Thank you for clarifying. Based on your situation:
- Under the *National Credit Act*, repossession requires proper notification and a court order.
- If the insurance exclusion for self-employment wasn’t clearly explained, it could be grounds for a complaint under the *Consumer Protection Act.*
Have you considered lodging a complaint with the National Consumer Tribunal or the Ombudsman for Banking Services?
No
Thank you for the detailed context. Here's what you can consider:
- You may lodge a complaint with the **National Consumer Tribunal** regarding insurance misrepresentation or unfair conduct.
- Alternatively, reach out to the **Ombudsman for Banking Services** for assistance.
Would you like guidance on how to initiate these complaints?
Do I start with the ombudsman or the store? To exclude the insurance?
If your goal is to address the insurance issue, you can start with the **store** to clarify the insurance terms and exclusions directly. If unresolved, escalate to the **Ombudsman for Banking Services** for independent mediation. Would you like guidance on contacting either?
Yes please
To address your insurance issue:
*. Contact the **store (Lewis)**: Request a detailed explanation of the insurance policy, exclusions, and terms. Ensure to document all communication.
*. If unresolved, escalate to the **Ombudsman for Banking Services**:
- **Phone**: * * *
- **Email**: info@obssa.co.za
- **Website**: www.obssa.co.za
Would you like assistance drafting a complaint?
Okay. Thank you
You're welcome! If you need further assistance, such as drafting a complaint or understanding your rights, feel free to reach out. Best of luck resolving your issue!