Law24.com - South Africa - Ask the Experts: Debt

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Anonymous asks:
Debt

I got divorced 4 years ago; my ex and I had a verbal agreement that he would take over a contract we both signed for and continue with the payments. He got sequestrated in the meantime and hasn't paid the account at all. I received an alternative payment arrangement document from the attorney the account was handed over to for legal action and they demanded payment and a signed document within 7 working days. What's my options here?

Bertus Preller says:

Unfortunately it seems that you will be bound by the terms of the contract that you signed. The verbal agreement between you and your ex husband only exists between you and him and altough he may assumed liability on your behalf, the creditor may still approach you for payment. You may have a claim against his estate on account of your agreement with him, however, this will be a concurrent claim and depend on whether there is any surplus in his estate.

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Zeewaya said:

How Do I can Debt Review and are there any costs involved?
In 2008 I had financial problems and decided to declare myself insolvent. I applied for debt review but I never made any payments through my counsellor. My financial situation recently improved and I'm glad to says I've paid off 5 of my 8 over-due account. I currently have payment arrangements with the ones still outstanding and they should be settled in May. I would like to apply for a bond around Sept but was adv that I'd need to the the administration removed. When I enquired on how I go about doing this my counsellor quoted me an amount of R1920 to remove it. Is this legal? Can you please advise on what I can do?

April 06, 2010
Votes: +1

Zeewaya said:

How do I cancel Debt Review
How Do I can Debt Review and are there any costs involved?
In 2008 I had financial problems and decided to declare myself insolvent. I applied for debt review but I never made any payments through my counsellor. My financial situation recently improved and I'm glad to says I've paid off 5 of my 8 over-due account. I currently have payment arrangements with the ones still outstanding and they should be settled in May. I would like to apply for a bond around Sept but was adv that I'd need to the the administration removed. When I enquired on how I go about doing this my counsellor quoted me an amount of R1920 to remove it. Is this legal? Can you please advise on what I can do?