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DOUGLAS VS ABSA: Abusive Bank Practices

ABSA  – Thousands of Victims of Unethical Repossession

Peter Blundell:

You have been having some trouble with the banks. I believe ABSA is involved. What could you tell as succinctly as possible, what the issues are?

Douglas Shaw:

As many viewers will know, I’m and advocate and somebody that represents people against banks when the banks come and try and take their houses or any other problems with banks. What has happened recently, is that ABSA bank, in particular, have been trying to get costs orders against me which they have finally succeeded in doing. Cost orders are often asked for in court but are very rarely granted. Courts don’t normally award cost orders against practitioners. So the bottom line is that they got an order against me last year and I am now going to have to pay two hundred and sixty thousand rand if we don’t manage to get this reduced in some way, to ABSA bank which obviously makes it very difficult for me to continue if I obviously continue to get these types of orders against me, then I wouldn’t be able to defend people against the banks, which is exactly what’s happened to other people who defended people against the banks in the past. So they have been intimidated by the banks, from being able to… the banks have got orders against them and then they can’t act anymore. Now obviously when I get a cost or any type of order against me by a high court judge, I’ve got to look at what I’ve been doing, and say, “Ok, I’ve got to change that and do things differently”. That’s certainly not the issue and would always do that, but there are also questions whether the cost or the system can be used to intimidate practitioners…

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One comment

  1. Paul van der Walt

    Hallo Jason,

    I have watched your video and am of opinion that this should have been aired on national tv, but with all the corruption and politics involved, it would never happen. I do think however, every facebook user should be made aware of this situation. This is quite a brilliant idea to boycott Absa. I have been fighting them now for a long period on behalf of someone else, and it involved three properties, of which one is to be sold on sherrif’s auction with a reserve price of R 1,100,000.00.The market value is more than R 3,000,000.00. Absa can be compared to the mafia, just a bit more subtle and just as ruthless.

    I do have a suggestion to make. If we can create a massive public awareness, like a meeting at Loftus or any other stadion in the country where all of the facts and truths about the unethical behavior of not only the banks, but also our courts and other corrupt instances which is part and parcel of this rotten crowd, can be exposed, it might be a real game changer. If ever home owner that has bonds raised between 2005 and 2009 go to the bank and ask copies of their original bond agreement and terms, and the come up with a sorry story, then those persons should go to a magistrate court and get a court order that can force the banks to admit whether there bonds had been securitized or not. Though securitization in itself is not a crime, the act of witholding that info from the bondholder is, and also not makinf a note on the deed.

    Absa in particular, is fond of doing this. A small team of people can be gathered who can assist the general public, like drawing up defence templets and post it on social groups, even if a non profit organisation is started to do this. If enough numbers go to court, eventually the judges will have to listen and start to become part of the struggle against the corruption in the system. The power lies in numbers. and although money talks, Absa won’t be able to buy of a half a million people. Yes, they can scare a few people by swaying the judiciary to rule in their favor, but all judges are not corrupt.

    The law is the law, and rules are being made to ensure fair conduct and order in a society, Absa is not above the law and also have to obye the same rules as we do. If they break the rules or the law, they should be held accountable. Every home owner that had been the victim of these fraudulent court judgements taken without the original bond documents, must stand up to their rights and claim damages from the banks. Alternatively, why can’t the board of directors of a bank not being sued as they are responsible for the actions of their banks?

    I might just be seen as another c,ry and voice in the wild, but sometime, someone might just hear me and decide to listen.

    I wish you and your wife and co-workers all the success with your venture, and all the best for the future.

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