Woman who claims unknown man forced her to take loans and robbed her, ordered to pay it back

A Gauteng woman who took a loan from African Bank and wanted to be exonerated from the debt, lost her application at the National Consumer Tribunal (NCT).

The woman, Naledi Mamorongwa Molepo told the tribunal that she was forced by an unknown man to take loans at various banks including R13,000 from African Bank.

Molepo claimed that the unknown man approached her during May and June 2021.

She said on May 31, 2021, she signed a loan agreement with Direct Axis and on June 1, 2021, she signed a loan agreement with African Bank.

The same day, African Bank deposited an amount of R13,000 into her Nedbank account.

It was not indicated how much she loaned from Direct Axis.

After obtaining loans from the two credit providers, Molepo said the man allegedly instructed her on June 2, 2021 to withdraw all the money and give it to him. She complied because he allegedly held a knife to her neck.

She said she laid criminal charges at the Midrand Police Station.

In her application, Molepo claimed African Bank failed to thoroughly conduct an affordability assessment. Additionally, she did not understand the risk of credit and she was not in the right state of mind when the loans were issued to her.

She said she became over-indebted as a result of entering into the credit agreement, and added that the loans were above her salary, leaving her with a negative balance in her bank account.

Moreover, she said that African Bank failed to assess her understanding of the costs and obligations of the credit agreement as required under the National Credit Act (NCA).

In an attempt to get out of the debt, in November 2021, she filed a complaint with the National Credit Regulator (NCR) and it was found that the credit issued by African Bank was not reckless and that entering into the credit agreement would not have resulted her in becoming over-indebted. 

She then sought relief at the NCT.

She argued that African Bank failed to capture the Direct Axis details on the document she was requested to sign.

But she could not explain why she signed a document that did not reflect the information she now used as an argument at the NCT.

In response, African Bank said it checked Molepo's credit obligations as required by law and obtained a credit bureau report and the report did not contain a Direct Axis credit agreement.

The bank further added that it also considered Molepo's income and expenses she declared during the loan application.

At the hearing, Molepo changed her version by indicating that she verbally added her cell phone, insurance and gym expenses during the interview with the bank's consultant and the consultant failed to add the expenses.

But Molepo could not explain why she signed a document that did not reflect such expenses.

Looking at the matter, the NCT said without any evidence to support Molepo's allegations, it will be persuaded to believe that African Bank documented all the information she provided and she willingly signed the agreement.

Regarding her state of mind when taking the loan, the NCT said she failed to provide evidence to confirm that she was not compos mentis (full control of one's mind) when entering the credit agreement with African Bank.

"Where temporary mental incapacity is alleged, the consumer must provide convincing evidence to the tribunal. The mere alleging of such fact does not suffice,'' said the tribunal.

Further, the NCT considered whether African Bank failed to consider Molepo's mental state when considering the loan application.

"On the evidence before the tribunal, the applicant (Molepo) did not inform the respondent's (African Bank) representatives that the applicant was being forced or influenced to take out loans.

"In the absence of evidence as to the alleged mental incapacity of the applicant when entering into the agreement, the tribunal finds that the applicant entered into the credit agreement willfully and in a capable state," added the tribunal.

The NCT said Molepo killed her case by changing her version after lodging her complaint with the NCR, filing her complaint with the tribunal, and then again during the hearing.

The NCT concluded that Molepo when taking a loan from African Bank, she was aware of the risks, costs, and obligations regarding the credit agreement.

Her application was dismissed.

sinenhlanhla.masilela@iol.co.za

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