An unemployed man from the Western Cape who has been fighting FirstRand Auto Receivables (RF) Limited for five years has been ordered by the High Court to return his 2012 Volkswagen Polo.
Acting Judge Yakea granted summary judgment in favor of FirstRand Auto, which sought to rescind the initial sales agreement and immediately collect the vehicle from Kenneth Langeveldt.
The legal battle dates back to January 2017 when Langeveldt made a written agreement with WesBank to buy a car worth R198,235 which he paid gradually in installments.
Under the contract, he committed to pay 60 monthly installments of R3,303 with the final payment scheduled for January 2022. Ownership of the Polo was contractually mandated to remain with the bank until the payment was completed.
According to testimony before the court, Langeveldt stopped paying in June 2020 after his work contract was terminated. His final payment was R3,637.82. When the case was brought, the debts were over R96 000.
Langeveldt informed the bank that he had lost his job and was contesting his dismissal in the Labor Court. He also filed a claim on his liability insurance with Hollard Insurance, hoping the policy would cover his installments. However, Hollard advised that the claim is subject to the outcome of his claim with his employer.