- Bank: ABSA loses small, but pivotal Court battle
- 23/11/2013 Make a Comment
- Contributed by: Raymond ( 3 articles in 2013 )
From our attorneys in Cape Town:
“In the recent case of ABSA Bank Ltd v Hanekom in the Western Cape High Court under Case No. 9846/2013, Judge Dennis Davis delivered his judgment with regard to ABSA Bank’s practice of attaching unsigned agreements to their summons due to originals being destroyed in a fire. The learned judge confirmed that, in the event of the original documents being lost or destroyed, the Banks are entitled to rely upon secondary evidence to prove their claim.
However, in the present case, Mr Hanekom’s attorney, Quintin Zimmermann from Liddle and Associates, was able to convince court terms and conditions of the unsigned document attached to summons differed materially from terms and conditions actual agreements concluded between the parties. The learned Judge held that this was an issue that can only be decided upon at trial and as such, summary judgment was refused.
Consumers and their legal representative are urged to closely scrutinise the blank documents that the Banks attach to their summonses and dispute those terms and conditions that materially differ from the credit agreement that they signed in order to prevent summary judgment being granted in favour of the Banks.”
“In the recent case of ABSA Bank Ltd v Hanekom in the Western Cape High Court under Case No. 9846/2013, Judge Dennis Davis delivered his judgment with regard to ABSA Bank’s practice of attaching unsigned agreements to their summons due to originals being destroyed in a fire. The learned judge confirmed that, in the event of the original documents being lost or destroyed, the Banks are entitled to rely upon secondary evidence to prove their claim.
However, in the present case, Mr Hanekom’s attorney, Quintin Zimmermann from Liddle and Associates, was able to convince court terms and conditions of the unsigned document attached to summons differed materially from terms and conditions actual agreements concluded between the parties. The learned Judge held that this was an issue that can only be decided upon at trial and as such, summary judgment was refused.
Consumers and their legal representative are urged to closely scrutinise the blank documents that the Banks attach to their summonses and dispute those terms and conditions that materially differ from the credit agreement that they signed in order to prevent summary judgment being granted in favour of the Banks.”
Source: https://www.newera.org.za/absa-loses-small-but-pivotal-court-battle/
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