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Durban – A Durban man who lapsed on his car repayments and then told a bank agent to \u201cgo to hell\u201d may regret his actions – a judge has ordered that he be arrested immediately and brought to court to explain himself. <\/p>\n
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. <\/p>\n
In the application by BMW financial services which came before Acting Judge Eric Nzimande, Prakash Dalchand is accused of \u201cwilfully disregarding\u201d two court orders. <\/p>\n
According to papers before court, he bought the car in 2008 and, in 2010, applied for debt review. <\/p>\n
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. <\/p>\n
But he failed to comply and, when approached by the sheriff, he said it was at a repair shop in Gale Street. <\/p>\n
But no such business existed. <\/p>\n
On another occasion he claimed it was with a \u201cMr Naidoo\u201d in Malvern. All three phone numbers supplied were unavailable. <\/p>\n
From then on, he \u201cavoided calls and messages\u201d and told a bank tracing agent to \u201cgo to hell\u201d. <\/p>\n
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. <\/p>\n
But again he refused to come before the court. <\/p>\n
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. <\/p>\n
\u201cHe said he could not come because he now lived in Joburg and could not travel to Durban on such short notice. <\/p>\n
\u201cHe said, \u2018Let them do what they must do now,\u2019 and hung up.\u201d <\/p>\n
Robins said that Dalchand claimed he had told the company \u201cthrough an agent whose identity he could not recall\u201d where the car was. <\/p>\n
\u201cHe said it had broken down and had been towed by an undisclosed towing company. He could not pay the fees. <\/p>\n
\u201cHe made no attempt to assist in the location and return of it. <\/p>\n
\u201cHe has no respect for court processes,\u201d Robins said. <\/p>\n
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. <\/p>\n
tania.broughton@inl.co.za <\/p>\n
The Mercury<\/strong> <\/p>\n","protected":false},"excerpt":{"rendered":" Flickr.com . Durban – A Durban man who lapsed on his car repayments and then told a bank agent to \u201cgo to hell\u201d 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 […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","ngg_post_thumbnail":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[1],"tags":[8275,953,2143],"class_list":{"0":"post-22166","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-south-africa","7":"tag-durban","8":"tag-newspaper","9":"tag-the-mercury","10":"entry"},"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/posts\/22166","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/comments?post=22166"}],"version-history":[{"count":0,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/posts\/22166\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/media?parent=22166"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/categories?post=22166"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.myza.co.za\/press\/wp-json\/wp\/v2\/tags?post=22166"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}