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Durban – A Durban man who lapsed on his car repayments and then told a bank agent to “go to hell” may regret his actions – a judge has ordered that he be arrested immediately and brought to court to explain himself.
And, if he continues to ignore court orders to return the 2008 Toyota Yaris he bought, and for which he now owes about R200 000, including interest, he could be sent to jail.
In the application by BMW financial services which came before Acting Judge Eric Nzimande, Prakash Dalchand is accused of “wilfully disregarding” two court orders.
According to papers before court, he bought the car in 2008 and, in 2010, applied for debt review.
He did not proceed with it and the finance company cancelled the agreement. In a default judgment granted against him in September 2011, he was directed to return the vehicle.
But he failed to comply and, when approached by the sheriff, he said it was at a repair shop in Gale Street.
But no such business existed.
On another occasion he claimed it was with a “Mr Naidoo” in Malvern. All three phone numbers supplied were unavailable.
From then on, he “avoided calls and messages” and told a bank tracing agent to “go to hell”.
The company went back to court earlier this month and obtained a further order from Judge Mohini Moodley, directing that Dalchand come to court and explain why he should not be held in contempt of court and sent to jail.
But again he refused to come before the court.
When the matter came before Judge Nzimande, Derek Robins, the attorney acting for the finance company, filed a further affidavit, saying he had contacted Dalchand on his cellphone and told him of the court order.
“He said he could not come because he now lived in Joburg and could not travel to Durban on such short notice.
“He said, ‘Let them do what they must do now,’ and hung up.”
Robins said that Dalchand claimed he had told the company “through an agent whose identity he could not recall” where the car was.
“He said it had broken down and had been towed by an undisclosed towing company. He could not pay the fees.
“He made no attempt to assist in the location and return of it.
“He has no respect for court processes,” Robins said.
While the company wanted Dalchand imprisoned, Judge Nzimande gave him one last chance, ordering only that he be arrested and brought to court as soon as possible.
tania.broughton@inl.co.za
The Mercury
