Debt Collection: Section 129 Notice & Summons
Recover R143,880 owed by Mr Vusi Nkosi on a repossessed 2021 Nissan NP200 to your client Wesbank (a division of FirstRand Bank Ltd) under an NCA instalment sale agreement. Issue a compliant s129 notice, draft summons for the shortfall, and prepare for defended action in the Magistrates Court.
Your role
Attorney at Collections Firm
Scenario
THE CLAIM Creditor: FirstRand Bank Ltd t/a Wesbank (Reg 1929/001225/06). Debtor: Mr Vusi Michael Nkosi, ID 8402146543087, of 24 Protea Avenue, Kempton Park. Agreement: Instalment sale agreement no. WB-2021-448821 dated 12 July 2021 for a 2021 Nissan NP200 1.6i (VIN AHHFB40G2M0417789) at a cash price of R229,900 financed over 72 months at prime + 1.5% = R4,988/mo. Balloon: R55,000. BREACH Mr Nkosi paid regularly until December 2024. Missed instalments Jan–Aug 2025 (8 months). On 19 September 2025 Wesbanks repossession agent recovered the vehicle after obtaining voluntary surrender in writing (Form 12). Vehicle sold at Aucor auction on 14 November 2025 for R98,000 (gross), R91,600 net after auction costs. OUTSTANDING Capital balance at repossession R242,180 Arrears interest & fees R11,300 Auction/handling costs R6,400 Less: net auction proceeds (R91,600) Less: rebate on unearned finance (R24,400) Shortfall claimed R143,880 NCA COMPLIANCE Wesbank issued a first s129 notice on 4 March 2025 by registered post (track & trace 4482119ZA — delivered collected 12 March 2025). Debt review not applied for. On 22 September 2025 Wesbank issued a s127 notice of intention to sell surrendered goods — Mr Nkosi did not object. Mr Nkosis defences (per his letter of 5 May 2026): 1. Reckless credit: he says he told the dealer in 2021 he earned only R11,200/mo net (his payslip attached shows R11,182). Instalment R4,988/mo = 44% of net income. Wesbanks file shows an affordability assessment recording income at R22,400 — possibly inflated by a fictitious rental income. 2. Auction achieved less than reasonable value — TransUnion Auto guide value at date of sale was R148,000 retail / R121,000 trade. 3. s129 notice sent to old address — Mr Nkosi moved to Kempton Park on 1 August 2024 and gave Wesbank written notice of the new address (annexure VN2). APPLICABLE LAW National Credit Act 34 of 2005 ss 80, 81, 83 (reckless credit), 127 (voluntary surrender), 129 (required procedures before enforcement), 130 (debt procedures in court), 131; Magistrates Courts Act 32/1944; Sebola v Standard Bank 2012 (5) SA 142 (CC); Kubyana v Standard Bank 2014 (3) SA 56 (CC); Nkata v FirstRand Bank 2016 (4) SA 257 (CC) on reinstatement; Absa Bank v De Beer 2016 (3) SA 432 (GP) on shortfall claims.
Learning outcomes
- Comply with s129 & s130 NCA
- Draft Magistrates' Court summons
- Use correct particulars of claim
- Handle jurisdiction correctly
Tasks you'll complete
Draft Section 129 Notice
Compliant s129 letter with all required disclosures.
Draft Summons
Magistrates' Court summons with heading, jurisdiction, prayer.
Particulars of Claim
Particulars of claim with cause of action, computation, and s129/130 compliance.
Document pack
You'll receive 5 case documents when the simulation starts.