So after failing and trying from all sources to get a loan to pay my original loan to pay for supplies to a governement tender I was informed that I will have to be AUCTIONED. The reason I was being called is that I have become so poor that my Post Office yearly fees was not paid and therefore they cannot send me letters. I therefore need to pick up the Proclamation Notice!
Now Billion-heirs and Mbirioneas, when you are auctioned what is it hauezi acha. Kama ni shamba ni Ngombe gani. Kama ni apartment ni Tv ama Sofa. In that house what is it you cannot let Auctioneers get? @spax@Walker @[SIZE=4]0%_Omera@jimmy_m [/SIZE]
Before we start discussing what you should hide from the auctioneers , and i really really pray and hope that this is just another one of KTalks pranks because i dont want to get discussing another villagers misfortune casually, are you absolutely sure you just cant talk to the lender and come up with a flexible repayment plan, these guys are also human and all it might take from your end is just an initiative. probably all they want is to see you being pro-active instead of reactive which might give them the impression that you are trying to hide
I’m not well conversant with matters of auction but I can offer some advice.
Question. Can an auctioneer carry my goods away without any notice?
Answer. No. A licensed auctioneer before carrying away your goods is required under the law to issue, in case of a court warrant, a proclamation notice of seven days and fourteen days for distress for rent cases.
Question. Can I transfer or move the goods comprised in a proclamation notice issued by an auctioneer to unknown place to defeat attachment?
Answer. It is an offence under the auctioneers’ rules and the Penal code for the debtor or his agents to interfere with any goods comprised in a proclamation before they are redeemed by payment of the amount demanded therein or such lesser amount as the creditor may agree in writing. Upon being proclaimed, the goods come into the custody of the law and the debtor/owner therefore loses control over the goods as long as the attachment stand.
Question? What should I do when an auctioneer come calling?
Answer. When an auctioneer visits you, please co-operate and do not panic, his/her actions are well rooted in law. He is only performing his duties as required by the law. An auctioneer must however, identify himself/herself precisely and state the purpose of the visit. http://www.auctionskenya.com/auctioneers-kenya-frequently-asked-questions/
Kama ni vitu za nyumba usifungue mlango then hama the next day or hamisha vitu wakuje wapate nyumba iko empty waende wakikauka .
Kama ni gari ficha gari na utafute arrears za loan .
Kama ni shamba /nyumba enda kortini uweke injunction before nyumba iuzwe itachukua karibu 24-36 months by that time utakuwa umepata pesa za arrears ama utakuwa umeuza property mwenyewe
I promise you if you take a loan of over 10 million, their is no profitable business in Kenya! I am in the practice of opening many accounts for ‘Advice on Loans’. Hapo kwa; Next of Kin, Residency, Where I work; I have stopped putting the ‘Truth’. Even worse is getting to know the bank staff personally. If you are a banker living around me I use my very vague Mungikiress name.
@spax I have read all the laws (I literally sat down for 1 week reading all the Government Docs: I even read the Criminal Procedure Code, Penal code, Administration Police Act, DEBTS (SUMMARY RECOVERY) ACT, DISTRESS FOR RENT ACT - CHAPTER 293, ESTATE AGENTS ACT Note: Estate Agents (Disciplinary Proceedings) (Procedure) Rules, 1987, EVIDENCE ACT - CHAPTER 80, Firearms Act of 1953, Public Procurement and Asset Disposal Act 2015, UnclaimedFinanancialAssetAct_No40of2011 and Vexatious Proceedings Act4 of 1958) ndio wakili anipatie discount na so that nisicheshwe.
@uwesmake Gari; Nilikuwa na Log books kadha original! Niliogopa kuuza engine, atleast through recovery of the car I got to know the people of Recoveries. (Kumbe Bank inakuwanga na Recoveries). One Logbook is still with The Judiciary of Kenya: aki my brother ni mjinga
Pole Tia Dalma. Hapa sikiza maoni ya anko @uwesmake, hiyo ya @spax ni theory. Na kwani bado hujalipwa after tender ama ulienda swiss alps pesa ikaisha?
@incognitus
THE TRUTH … (Hand in Bible {} )
You win a tender, but not many individual companies have Cash at hand to finance all the purchasing. So, my bankers M/s Chase Bank were so good they gave us loans for Cheques (uncleared effects), LPO financing, Car Loans, Mortgages with very little due diligence and a lot of Customer Care and Holding my Hand.
Those days Pesa Otas - I hear it means Money was Paper!
Then come to the current situation:
I supply, win and need the bank for finance: but since even Family Bank has told me my CRB report is like a list of Kenya’s banks even legitimate loans are impossible. So I cannot supply all orders and maintain my staff; who have always wanted to work at Safaricon and therefore instead of going to Safaricon to drop my brochures they PRINT CV USING MY PRINTERS AND VISIT SAFARICON HR!
My Private companies contracts are even worse, they pay me when after 30 days and I have to threaten and stalk the MD.
Individuals are worse; they pay 50-70% then disappear and are so small too follow.
The money I had was used to:
Family Projects (I do not know why my Cucu needs a new LG tv and Painting the roof),
Investing (my Other Director is not a businessman; yeye kazi yake ni mdomo that he owns a company no work), kazi ya Car Hire iliisha
Economy (Siku za Biashara wakati wa Uhuru imekuwa ya E - CON - ON -ME; their is no adding value).
Pole @Tia Dalma …even Peter Nduati resolution health CEO was auctioned twice before his financial situation and that of his firm stabilised…ni mambo ya kawaida.
Tia, if you know how the government works, the release comes from the Central government. So if I was you, I would talk to the governor and once he agrees, ongea na mtu Treasury. Otherwise ni cat and Mouse. And get ready to part with a “commission”. Two things may have happened, either they released your funds and the county used it for other purposes, eg late salaries or consumables, or Treasury may not have your funds high on the hierachy and never released it as such.
I am surprised you are a business person and don’t know how to maneuver.