Bank's bullying tactics fraught with errors - Savita
I confirm receiving the notice of motion which is ambiguous and does not contain FNB's legal basis to compel the finalisation of the estate.
The four points in the notice of motion make no reference to arrears that are due by me or the estate to FNB. Neither does the 17 points in the accompanying affidavits.
FNB's affidavit is misleading and deliberately omitted all information regarding payments made to them.
FNB is a preferred creditor of the estate, and is not prejudiced by nonpayment.
The orderly winding and supervision of deceased estates is the responsibility of the Master of the High Court of South Africa and not that of FNB.
The question that needs to be answered is on what legal basis do they want to compel the finalisation of the estate.
The notice of motion refers to historic information, and further more contains detailed information on the L&D account (a document showing all the assets and liabilities of the estate including administrative expenses necessary for the winding up of an estate), and conveniently omits the current status quo.
This is the same FNB which in 2013 claimed the estate owed them R10-million and in March 2016 admitted that it was incorrect, as reported in Sunday World.
They further in court papers filed by them stated that they could not find papers supporting and proof of a further loan granted. Sunday World also reported on this development.
To me this is yet another episode of the bullying tactics of FNB fraught with factual inaccuracies and contradictions.
As I've done before, I will go wrestle it out in court with FNB and as per previous motions brought by FNB. I see this being cancelled.