Problem Bond South Africa, Forensic Bond Audits and Legal Defense

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FNB Homeloans took legal action and a judgment against me in 2009 without me receiving the summons

FNB Homeloans took legal action and a judgment against me in 2009 without me receiving the summons – I only found out when debt restructuring agencies started calling me. Recently there was a similar case where the constitutional court gave judgment against standardbank with cost.
How can I get the same judgement against FNB – I do not have thousands of rands to pay upfront for legal help?

http://www.legaladvicesa.com/question/607/fnb-homeloans-took-legal-action-and-a-judgment-against-me-in.php

Court rules for First National Bank in racism case

Johannesburg – The North Gauteng High Court in Pretoria ruled in favour of First National Bank (FNB) after bond recalculator Emerald van Zyl made claims of racism against the bank, Business Day reported on Wednesday.

The court found the claim of racism was unfounded and that Van Zyl showed a malicious disregard for the facts and an overriding desire to continue his vendetta against FNB.

Van Zyl had claimed that Saambou Bank (later taken over by FNB) charged black people a higher interest rate than white people.

He alleged that FNB was a racist bank.

During his campaign against the bank, he involved the African National Congress Youth League, Parliament as well as the Human Rights Commission.

Van Zyl claimed to represent 400 claims ceded to him by people who entered into loan agreements with Saambou Bank.

He alleged that Saambou, and later FNB, overcharged them with interest in excess of what they were obliged to pay in terms of the relevant loan agreements.

Acting Judge Louis Vorster found that Saambou had not acted incorrectly nor unreasonably in making interest rate changes to its home-loan accounts.

As such there was no claim for any damages against FNB for former Saambou home-loan customers.

The judge agreed with a request by FNB for a punitive costs order against Van Zyl, who had waged a widespread campaign against the bank through the media.

http://www.fin24.com/Companies/Financial-Services/Court-rules-in-favour-of-FNB-20130529

Bank 'fiddled home loans to boost flagging profits'

Saambou bank deliberately manipulated interest rates on its bond accounts to increase profits at a time when the bank was undergoing a “squeeze on its profit margins”.

These are the allegations made by forensic accountant Gregory Johnson, in a report submitted to the North Gauteng High Court in an ongoing case between bond recalculator Emerald van Zyl and FNB, the bank which took over Saambou’s home loan book after Saambou was placed under curatorship in 2002.

Van Zyl alleges that FNB owes former Saambou bond holders millions in incorrect and illegal interest charges.

In 2006, FNB recalculated all the Saambou bonds, and paid back R154 million to clients, but Van Zyl claims this is just the tip of the iceberg.

For the court matter, eight bond accounts were chosen as test cases. In analysing the interest charges on these accounts, Johnson found that:

Six of the eight account holders were originally charged the Saambou base interest rate on their accounts. The other two were charged the base rate, minus 0.75 percent, and the base rate plus 0.25 percent respectively.

Between 1990 and 1999, Saambou started to increase the rates it charged these clients. By 1999, all eight were being charged rates between 0.5 and 3.5 percent higher than the base rate.

Of the eight account holders, only three missed bond payments.

Some of the increases in rates occurred before they missed payments.

The interest rate changes could therefore not have been as a result of a change in the risk profile of the clients.

The analysis of the overcharges runs until 2004, two years after FNB took over the loan book.

Johnson says the reasons for the manipulation had little to do with the risk profile of the clients and more to do with the bank’s profitability.

In an affidavit made by Dawid Botha, a former member of the Saambou board of directors, it emerged that to get more people to deposit their money with the bank, Saambou offered higher and more attractive interest rates.

However, this then put a “squeeze” on profit margins, which needed to be managed by increasing the amount of interest paid by home loan clients.

“Increases in the bond debtors’ rates above the base rate had nothing to do with how the debtor managed his/her account, or the risk associated with the account. These increases were all related to Saambou’s own profitability and Saambou’s risk profile, which deteriorated in the late 1990s,” Johnson said.

When the bank was placed under curatorship in 2002, about 80 000 home loans were taken over by FNB.

A separate analysis of more than 77 000 Saambou bonds, also done by Johnson, indicates that:

White bond holders paid an average interest rate of 15 percent.

Indian clients paid an average rate of 15.5 percent, and coloured clients an average of 16.5 percent.

Black bondholders were charged an average interest rate of 18 percent.

FNB chief marketing officer Bernice Daniels said: “All matters incidental relating to Saambou will be dealt with thoroughly in the appropriate forum, being the court.

“FNB strongly rejects any allegations that race plays any role in determining the rates applicable to mortgage bonds.”

In previous statements, the bank has stated that “the claim of racial discrimination is based on wholly inappropriate and insufficient information for any legitimate conclusion to be drawn”.

The bank has also said Van Zyl stands to benefit financially from any amounts recovered if his legal action is successful.

“Since giving interviews to various media, Emerald van Zyl issued a letter to FNB demanding that FNB pay him R1.8m, as well as waive his debt to FNB of R400 000 owed to the bank for legal costs due to the postponement of the trial in November 2011.

“He has threatened to go to the media with further allegations should we not agree to his demands,” Daniels said in a previous statement.

Weekend Argus (Sunday Edition)

http://www.iolproperty.co.za/roller/news/entry/bank_fiddled_home_loans_to

First National Bank – racist bond rates

FNBLogo

Are principles really necessary if one wishes to lead a good and stress-free life? Jo Maxwell, a long-time reader posed the question in nose148. She went on to relate how one of her early principles had come about through the shenanigans of the lotto board, which held on to the money as if it were glued to their fingers – and managed to distribute millions to a wellknown sports club, while those feeding the hungry were left to find other means of keeping people from starving.

“I swore I’d never buy another lotto ticket.  And I have stuck to that principle,” she said.

At one stage she thought to change her bank, but then found – through Noseweek – that every bank, perhaps not Capitec, is ripping us off, so decided one devil is as bad as the next. “Hard to make an on-principle choice when there are no choices,” she quite rightly observed.

More recently, having just read in nose147 how Coca-Cola screwed a much smaller guy and left him penniless, she decided not to allow another sip of Coke past her lips. (Although she did admit this was not too difficult as she hardly drinks Coke, Appletiser or Valpré.)

Oh, and she doesn’t fill her car with fracking Shell.

She concluded with a plea: “Please, Noseweek, keep me on my toes. I’d hate to miss out on making more on-principle choices.”

Jo Maxwell has put her finger on something – something peculiar about Noseweek and most of its readers: we hang on, for dear life, to our freedom – our right to choose. And we believe the good life, the life well led is, ultimately, a life of principle.

We choose not to eat dogs. On principle: dogs are man’s best friend.

We won’t eat meat culled from cruelly confined and abused chickens and pigs. Goodbye KFC. (I have received more emails from readers alerting me to that grotesque video on YouTube about the cruel culling of egg-laying hens than on any subject under the sun, ever.)

We choose not to buy or use products that have been tested on rabbits and dogs in cruel and bizarre pseudo-scientific “trials” devised by sadists.

We won’t buy ginger beer and “traditional” drinks from Woolworths because they stole the idea from the legitimate originator, a small guy like most of us. (To their credit, Woolies got the message and have stopped production.)

We don’t tolerate liars and cheats. Or pompous old farts. On principle. We have at least one good laugh a day – on principle.

Which brings us back to the subject of which bank to choose; we have recently found serious reason to reconsider our position on that one. Until now we’ve rated one pretty much as bad as the other – you may have noticed, they all choose not to advertise in Noseweek – making our reasons for choosing or staying with one rather than another all fairly arbitrary. Mostly its “now we’re there, we may as well stay.”

In our case it’s been FNB since the day we started up in 1993. In all that time we have had no serious reason to complain. On the news front we have had huge fights culminating in a showdown in the high court. But then we have had equally damning things to report about the business ethics of Investec, Nedbank, Standard Wank and Absa. Until now, not much for choice. They all steal, lie, cook the books and abuse their financial power and controlling grip on the legal profession. But there is one sin that you dare not commit in South Africa: you dare not be racist. The wounds are too raw, too deep; the issue too dangerous.

FNB, as hard as it is to believe, has remained racist on at least one front. It has actually set up it’s systems to steal – consistently – more from its black bond clients than it dares steal from its white bond clients.

FNB lied from day one about the position of the 80 000 bond clients it took over from Saambou. That, Noseweek readers have known almost from day one. We told you all about it in August 2002.  Saambou had for years been charging their bond clients an illegally inflated interest rate, and been calculating the interest in an illegal manner, resulting in all these accounts reflecting hugely inflated outstanding balances.

FNB has for the past 10 years failed to rectify the position, regularly proceeding to seize clients’ homes and sell them in execution, based on false outstanding balances – which they know to be false – when, as often, the client has in fact long paid off his or her loan and it is the bank that owes the client tens, if not hundreds, of thousands of rands. That part of the scandal we knew. (Everyone knows it. The government knows it. Even the courts know it: on 28 January in the High Court in Pretoria yet another FNB sale in execution was stopped on the basis of the bank’s fraudulent interest calculation. This was the 179th such case. On each occasion FNB was forced to withdraw. But still it carries on, presumably because enough clients are too uninformed to know that they have been robbed by a bank and don’t resist when the sheriff arrives. And for all those years that he was the responsible minister Trevor Manuel never cared – presumably because most Saambou clients were white Afrikaners, or so we thought.

What we did not know is that the victims are almost exclusively black – as in black-black. And that they have been deliberately targeted with illegally inflated interest rates that are substantially higher than the rates the bank charged its white bond clients. Which puts a whole new colour on Trevor Manuel’s neglect.

Look at the two graphs above: the one on the right, a white client, is charged an interest rate very close to the prime bank rate, which is regularly adjusted up or down in tandem with the Reserve Bank’s repo rate. The one on the left, a black client, signs up at a rate much the same as his white compatriot, but very soon the bank secretly starts upping the rate above the rate it charges white clients. When the repo rate drops, it reduces the rate it charges black clients later and by less, exploiting the opportunity to open the gap even more.

In this particular case, the black client ended up paying R150 000 more than he should have paid. Proof that the racial discrimination is deliberate is found when the Saambou/FNB bond accounts are examined by suburb. An analysis of the bond accounts of over 2 000 white clients in four Pretoria suburbs with a similar number in four of the city’s black townships in 2002, shows that black clients were charged on average 2.5 percentage points more than white clients. In Monument Park, Pretoria, an overwhelmingly white suburb, most clients were charged between 13.5% and 15%. But the two obviously black clients living there, a Mr Phoshoko and a Mr Sibeko were charged 16.5%.

The decision to target black clients with an illegally inflated interest rate was taken in December 1993. Even when Saambou was under curatorship instituted by the Reserve Bank, the practice persisted: white clients paid 5% above prime, black clients were charged 6.5% above prime in March 1992. The gap was further widened in August 2004. By these devious means, the bank managed to up the bond clients’ debt by as much as 32%. The suffering they have inflicted on innumerable households is immeasurable.

FNB has to date refused to rectify the matter. The total amount it owes the 80 000 bond clients it acquired from Saambou could total billions. Most of it is owed to its black clients.

We are putting FNB on notice: unless it comes clean and declares its willingness to voluntarily rectify this outrageous wrong before our next issue goes to press, we will be closing all our FNB accounts, and inviting our readers to do the same. We have a choice and we intend exercising it.

http://www.noseweek.co.za/article/2691/Dear-Reader-FNBs-racist-bond-rates

Thwala and Another v First National Bank Limited

IN THE HIGH COURT OF SOUTH AFRICA, NORTH GAUTENG DIVISION

HELD AT PRETORIA

CASE NO. 28787/12

NOT REPORTABLE

NOT OF IMPORTANCE TO OTHER JUDGES

DATE: 11 DECEMBER 2013

In the matter between:

DELPHIN LOUISA THWALA……………………………………………………………………………………….First Applicant

GODFREY THWALA……………………………………………………………………………………………..Second Applicant

and

FIRST NATIONAL BANK LIMITED…………………………………………………………………………..First Respondent

LUCAS MOLOBELE…………………………………………………………………………………………..Second Respondent

RACHEL PINKIE BODIBE……………………………………………………………………………………..Third Respondent

THE SHERIFF OF SOWETO WEST……………………………………………………………………….Fourth Respondent

JUDGMENT

A VAN NIEKERK AJ

Introduction

[1] The applicants reside at 1[…] K[…] Rd, M[…] E[…], S[…], also known as Erf […], M[…] T[…]. Their home (‘the property’) was sold in execution in April 2010. In these proceedings, they seek an order declaring the saie in execution to have been null and void, alternatively, rescinding and setting aside the default judgment on which the sale was based. The judgment was granted by registrar of this court on 16 July 2003, almost seven years prior to the sale.

[2] The application is opposed by the first respondent (‘FNB’). The third respondent filed what is termed an ‘opposing affidavit’ but appears to have taken no further steps to prosecute her interests in the matter.

[3] Given that the default judgment was granted in 2003, it predates the protections conferred by measures such as the National Credit Act 34 of 2005 and the amended Ruie 46(1) of the Uniform Rules of Court, where residential property is sought to be declared executable.

http://www.saflii.org/za/cases/ZAGPPHC/2013/514.html

NEDBANK LIMITED and JOHANNES CHRISTIAN MEADON

nedbank

NEDBANK LIMITED (formerly known as NEDCOR BANK LIMITED), Judgment Creditor, and
JOHANNES CHRISTIAN MEADON, Judgment Debtor
NOTICE OF SALE IN EXECUTION
In execution of a judgment of the High Court of South Africa (Gauteng Local Division, Johannesburg) in the abovementioned
suit, a sale without reserve will be held at 182 Leeuwpoort Street, Boksburg, on 8 August 2014 at 11h15, of the
undermentioned property of the Execution Debtor on the conditions which may be inspected at 182 Leeuwpoort Street,
Boksburg, prior to the sale.
Certain: Erf 323, Atlasville Extension 2 Township, Registration Division IR, Province of Gauteng, being 10 Reier Road,
Atlasville Ext 2, measuring 965 (nine hundred and sixty-five) square metres, held under Deed of Transfer No. T92323/2002.
The following information is furnished re the improvements, though in this respect nothing is guaranteed and no warranties
are given in respect thereof. It is the buyer’s responsibility to verify what is contained herein.
Main building: 4 bedrooms, 2 bathrooms, 5 other. Outside buildings: None. Sundries: None.
All prospective purchasers will be required to register as such in terms of the Consumer Protection Act, 68 of 2008, and
will be required to provide proof of identity and address and to comply with the Sheriff’s registration conditions. The Rules of the
auction and conditions of sale are available at the office of the Sheriff as set out above.
Dated at Boksburg on 30 June 2014.
Hammond Pole Majola Inc., Attorneys of Judgment Creditor, c/o Vermaak & Partners Inc., Rand Realty House, 151 Oxford
House, Parkwood. Tel: (011) 874-1800 (Ref: MAT62561/L Strydom/AS.)

The founder of Problembond has successfully recovered in excess of R90 million from financial institutions over the past 25 years. In 91% of accounts investigated errors has been found. Furthermore, it is illegal to debit untaxed legal fees, guard fees and any other charges. There is case law which confirms that there must be a separate action to collect these fees once taxed under a new summons and cannot be debited to your bond account and also adding interest to these amounts. We deduct these charges and add it to the overcharged amount.