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Onah Attorneys Inc • Johannesburg
Banking & Finance Attorneys – Level the Field Against the Banks
Banks have compliance departments; you have us. We act for consumers and businesses in disputes with banks and credit providers: unlawful repossessions, reckless lending claims, defective Section 129 processes, credit bureau listings that won’t die, and the sharp end of enforcement — defending summary judgment and execution against homes. The National Credit Act rewrote the rules; most banks still cut corners.
Call 011 042 8039Free Case AssessmentWhen you need banking and finance attorneys
Vehicle repossession threats and unlawful repossessions
Home repossession / foreclosure defence (sale in execution)
Reckless lending — credit granted without affordability checks
Defective Section 129 notices invalidating bank litigation
Credit bureau disputes — wrong listings, expired defaults, no notice
Debt review exits and complications
Unilateral bank account closures
Suretyship liability — attacking and limiting personal guarantees
How we handle your matter
Agreement audit
We audit the credit agreement and the bank’s process against the NCA — notices, affordability assessment, interest and fee caps. Defects are leverage.
Urgent protection
Facing repossession or sale in execution, we intervene immediately — rescission applications, urgent interdicts, debt review referrals where genuine.
Dispute prosecution
Reckless lending and unlawful conduct claims are pursued through the NCR, National Consumer Tribunal, Banking Ombud (NFO) or court — forum chosen for maximum effect.
Negotiation
Banks settle audited files: restructures, arrears capitalisation, shortfall write-offs and voluntary term extensions negotiated from evidence.
Credit record repair
We force removal of unlawful or expired listings and prescribed debts from bureaus — restoring access to credit lawfully.
Fees — transparent, agreed upfront
Agreement audits are fixed-fee. Defence and dispute work is staged and quoted upfront — priced against what’s protected: a home, a vehicle, a credit record that determines your financial life.
Key legislation:
- National Credit Act 34 of 2005
- Banks Act 94 of 1990
- Prescription Act 68 of 1969
Frequently asked questions
Can the bank repossess my car without a court order?
No — voluntary surrender aside, repossession requires a court order preceded by a valid Section 129 notice. ‘Consent’ extracted at your door by tracing agents is not lawful surrender, and unlawful repossessions are reversible.
What is reckless lending?
Credit granted without a proper affordability assessment, or where you clearly couldn’t afford it. Courts can suspend or set aside reckless agreements — payments made may be recoverable.
What is a Section 129 notice and why does it matter?
The NCA’s mandatory pre-litigation notice offering debt review and negotiation options. Defective or unproven delivery invalidates the bank’s entire court case — the most common fatal defect in credit litigation.
How long does a default stay on my credit record?
Adverse enforcement listings 1–2 years, judgments up to 5 years — and paid-up judgments must be removed on proof of payment. Prescribed debt (3 years, unacknowledged) may not be listed or collected at all.
The bank is selling my house — can it be stopped?
Often, yes — rescission where judgment was irregular, NCA defects, debt review referral, or negotiated arrears restructures. Reserve-price rules also protect against fire-sale prices. Speed is everything: call before the sale date.
I signed surety for a business loan — am I trapped?
Suretyships are attackable: wrong formalities, material variation of the principal debt without consent, prescription, and NCA protections for natural-person sureties in some structures. Never assume the bank’s claim is airtight.
Speak to an Attorney Today
Get straight answers about banking and finance attorneys from a firm that fights to win. First consultation — no obligation, full confidentiality.
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