How to write a letter of non indebtedness

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How to write a letter of non indebtedness

The loan was secured by the registration of a mortgage bond over an immovable property being portion 16 a portion of portion 2 of the farm Brak River, number [ The plaintiff accordingly seeks a further order declaring the property to be specially executable.

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Although the defendant was represented throughout by an attorney in Durban, who drafted all pleadings and advised the defendant throughout the duration of the trial the defendant appeared in person.

In doing so how to write a letter of non indebtedness acquitted herself admirably. In her pleading she denied the existence of any loan at all and contested the copy of the loan agreement annexed to the declaration alleging that it was not a true copy of the original. She denied her indebtedness to the plaintiff and denied compliance with the provisions of the National Credit Act, 34 of the NCA.

Finally, the defendant pleaded that the declaration of executability of the property would infringe her rights under section 26 of the Constitution.

He testified that the defendant signed the agreement in his presence. This evidence was not challenged and the defendant later acknowledged that she had indeed signed the loan agreement and she did not contest the authenticity of the document. I shall revert to this document later herein.

Finally, Mr Lotz testified that the defendant signed a power of attorney authorising him to register the said bond over the property. Each of these documents were handed in in evidence. The certificate of balance and the calculation underlying the certificate were not challenged.

The defendant responded indicating that she would prefer to receive letters by mail at P O Box [ On 30 July Ms Pienaar forwarded a notice in terms of section of the NCA to the defendant at her email address. She obtained a computer generated confirmation of the delivery of the email.

The letter was subsequently also forwarded to the defendant via registered post. On 8 August the defendant responded acknowledging receipt of both the email and the registered letter and indicating that she had received the registered letter on 7 August She expressed her intention to apply for debt review.

This she duly did on 13 August The plaintiff, however, contended that by virtue of her failure to have applied prior to receipt of the section 1 notice the debt to the plaintiff should be excluded from the debt review process.

There was therefore no process pending before a debt counsellor at the time when proceedings in this court were commenced. It transpires from the evidence of Mr Fourie that a fresh calculation was done on 28 Julythe day preceding the commencement of trial.

I have alluded to this evidence.

how to write a letter of non indebtedness

As set out earlier the plaintiff denied the existence of the loan and challenged the authenticity of the copy annexed to the particulars of claim on the basis that it did not represent a true copy of the original. Having denied the existence of the loan she did not raise any specific dispute relating to the interest rate.

She has since conceded both these issues. She acknowledged that at the time of the signing of the agreement the interest rate was variable, however, she states that when the economic situation changed she was afraid that the interest rate would shoot through the roof and so she went to the bank and asked them to fix the interest rate for her for a period of ten years and she contends that this was done.

Thereafter, however, against her expectation, interest rates dropped considerably and she again approached the plaintiff and requested that her interest rate be changed back to a variable interest rate.

This they declined to do. Although she states that the agreement to change the interest rate to a fixed interest rate was in writing she was unable to produce any correspondence or an agreement evidencing such a change.

She does not state when it occurred, who she spoke to or where the alleged agreement was concluded. Her evidence in this regard is accordingly vague and unsubstantiated and relates to an issue which was not raised in the pleadings nor suggested to Mr Fourie when he testified in respect of the calculation.

The contention of reckless credit in the amended plea was limited to this single ground. During the course of her evidence at the resumed hearing of the trial and whilst she was under cross-examination the defendant introduced a further special plea on 8 November In the further special plea the defendant contended that the plaintiff granted credit recklessly in that she was over- indebted from the outset of the loan agreement.

The replication denied that the defendant was entitled to the relief sought in the said special plea.

Absa Bank Limited v Potgieter (/) [] ZAECPEHC 8 (31 January )

The replication further addressed the question of reckless credit as raised in the original pleading and contended that the defendant was not entitled to the relief by virtue of the provisions of section 81 4 of the NCA as the defendant had provided false and misleading information relating to her income at the time that the loan was granted.

This amendment was supported by evidence which had previously been fully canvassed in cross-examination of the defendant and her witnesses. I shall refer to this evidence below. In the course of her duty she developed a post-traumatic stress disorder with underlying depression. Whilst absent from duty on extended sick leave due to the said condition she was further diagnosed with cancer.

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suspend interest and other charges to prevent my indebtedness from increasing. Yours faithfully. Offer letter to non priority creditors (Send this letter to non priority creditors when you have drawn up a financial statement and are able to make an offer) Sample debt letters Author: boddyb Subject.

Dear Mr./Mrs./Ms. ____: I request a letter from you attesting to my non-indebtedness. Please let me know what information you need from me. Thank you.

Your name Once the bank manager receives your letter, they will contact you one way or the other. Jul 30,  · In a business acquisition, the purpose of the letter of intent is to ensure there is a “meeting of the minds” on price and key terms before both .

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