Your ref.
To Whom It May Concern
Our Ref.
179179/Graeme Carrington/ap/G174
e-mail :
Direct Fax : 086 630 3905
28March 2012
By Hand
Dear Sir/Madam
Re: judgment against c n d gombert : IDENTITY no. 800412 5074 08 2 : north gauteng High Court pretoria : case no. 26439/09
Kindly note that we represent Conrad Gombert (“our client”) and are instructed by our client to address this letter To Whom It May Concern.
Our client has recently discovered that a judgment exists against him in the above Honourable Court under the above case number, and that his credit record is accordingly impeached.
The judgment against our client arose under extremely suspicious and unfair circumstances, in that our investigations have revealed that the Plaintiff in the matter, being the Motor Finance Corporation (Pty) Ltd, arranged for a Summons to be served on our client, at his so called chosen domicilium address at a time when our client no longer occupied that address and did not receive the Summons.
Had our client received the Summons our client would have defended the claim and in our view, defended same successfully.
In this regard, we annex hereto copies of letters which we have been addressing to the Motor Finance Corporation and the Imperial Group (Pty) Ltd relating to the relevant issues regarding which the judgment against our client has been granted. These letters are respectively dated the 20thMarch 2008, the 3rd April 2008 and the 26th November 2008.
These are mere examples of letters which have been sent on behalf of our client which set out in detail how unfairly our client has been treated by the various parties in this matter, that our client is not actually indebted to any party whatsoever and that no legal action or no judgment should have been granted against our client at any time.
We confirm that despite these letters having been addressed to inter alia the Motor Finance Corporation, as previously stated, they pursued legal action against our client without his knowledge or our knowledge and obtained a judgment against him.
Despite the fact that the Motor Finance Corporation have obtained a judgment against our client, they have not taken any steps to execute that judgment against our client and have in fact “closed their file”. In our view this is indicative of the fact that they do not genuinely believe that our client is indebted to them at all and they do not intend to attempt to collect any monies from him.
The difficulty which our client now faces is that that he is saddled with a judgment against him in circumstances where this is unfair and unwarranted.
We have been attempting to contact the Motor Finance Corporation through their attorneys to arrange for a letter to be sent to us confirming that they have closed their file and are not pursuing the claim against our client, but we are being “pushed from pillar to post” and have been unable to secure the necessary letter.
In the meantime our client is severely prejudiced and does not have the funds to launch a High Court application for rescission of judgment, utilising services of advocates and the like which are necessary to do so.
We would accordingly request any possible credit provider to our client to consider these circumstances and to “overlook” the judgment which exists against our client, which was not granted against him in circumstances where he was a bad or unwilling payer of a debt but in genuine and legitimate circumstances where it was unfair or unreasonable to expect him to pay for a motor vehicle which simply was defective.
Should you have any queries in this regard please do not hesitate to contact the writer.
Yours faithfully
WRIGHT, ROSE-INNES INC.