Bank unjustly withheld my funds

Posted on:
12 May 2016
Posted by:
Monwabisi Timakwe

Early in 2006 I borrowed R4000.00 from Blue Chip Finance in Bloemfontein and signed a monthly debit order with FNB to repay this loan on the 15th of the month.

The last transaction I can recall is of about 15 March 2006 just before I began to serve my imprisonment term on 03 April 2006. The next due instalment was for 15 April 2006. On the 3rd of April 2006, I faxed a letter to Blue Chip Finance explaining that I had to start my prison term.

I then gave my FNB bank card to my Sister Yvonne Nomakwezi Timakwe to take care of my financial needs such as Unisa study fees and others. She informed me at about the end of April 2006 that my funds were not accessible. I then inquired from FNB and was informed that my funds were withheld because the bank had received a court order from Jordaan Rijkheer Attorneys for Blue Chip Finance in Bloemfontein to withhold R8856.00 from my account 54020058804.

It was very difficult to communicate with the outside world from Mangaung Prison where I was until I arrived at Johannesburg Medium B Centre late in 2009. On my arrival in Johannesburg Prison I immediately instituted letters of enquiry to FNB and Ombuds for Banking Services to confirm the reasons for withholding my funds. FNB replied alleging they received a court order on 21 April 2006 to pledge R8856.00 from my account.

On my further investigation I got a transaction history from the said attorneys, and it was a confirmation that there never was an order issued against my funds. FNB we learned that there was never a judgement issued against my account. On 17 October FNB released the withheld amount of R8, 461.96 without interest.

After some few weeks deliberating on how possible could FNB illegally withhold my money for years and still went unpunished, I resolved on sending a letter of demand for the interest R19,462.57. However FNB disputed my claim. The matter is registered at Johannesburg High Court for a claim of approximately R4 million wherein damages for defamation are claimed.

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