IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE, HIGH COURT)

In the matter between: 
VOLSWAGEN FINANCIAL SERVICES A DIVISION OF WESBANK

and

JUDGMENT

In this summary judgment application the applicant, a vehicle sale financier, is the seller in terms of an instalment sale agreement of a motor vehicle and seeks cancellation of the instalment sale agreement and the return of the vehicle from the purchaser who is admittedly in substantial arrears with his monthly instalments.

I do not consider that this submission has any merit for several reasons'.
1. I am satisfied that, properly construed, the applicants notices to those two parties indicated clearly that it was terminating  the  debt  review  process  and   not  merely considering this step;
2. although section 86(10) refers to a notice "in the prescribed form" there is in fact no such prescribed form;

The timetable in the present matter is as follows:

1.    on 18 November 2009, the defendant applied for a debt review;

2. on 11 June 2010 and more than 60 days after the application for debt review, the plaintiff sent notices in terms of section 86(10) to the defendant, his debt counsellor and the National Credit Regulator;

3.	on the 7 July the plaintiff issued its summons - that was more than 10 days after the delivery of the aforesaid notices;
4.	on the 16 July the summons was served;

There is no explanation before me as to why the debt counsellor was so tardy in issuing an application for a debt restructuring order.

1.   Cancellation of the agreement is confirmed.

2.    The defendant is to deliver the goods, being a 1999
Opel Astra with engine number 20SEH25015745 to the plaintiff.

3.   The relief sought in prayers (c) and (d) of the Plaintiff's Particulars    of   Claim    will    stand    over   for    later determination.

4.   The defendant is to pay the costs of the application for summary judgment on the scale as between party and party.