‘No Payments Since 2021’: Court Tosses BMW X6 Owner’s Bid to Keep Car Despite R620,000 Debt

A Gauteng man who stopped paying for his luxury BMW X6 in 2021 has failed in his attempt to overturn a default judgment that requires him to return the vehicle.

The South Gauteng High Court in Johannesburg dismissed a rescission application brought by a man identified as Z G against Superdrive Investments, refusing to set aside a 2021 default judgment that cancelled his sale agreement and ordered him to return the 2014 BMW X6.

The Deal

The vehicle was originally financed in August 2016 under a written instalment sale agreement with BMW Financial Services (Pty) Ltd , later ceded to Superdrive.

The purchase price: R1.125 million, payable in 71 monthly instalments of R18,854.00, followed by a final balloon payment of over R337,000.

The Default

By June 2021, the man had fallen into arrears of over R34,000. When legal proceedings were instituted, the outstanding balance stood at R629,581.54, with more than a year remaining on the contract.

Superdrive obtained default judgment after the summons was served at the man’s chosen address in Mapleton, Boksburg.

The Rescission Bid

When the rescission application was heard on 23 February 2026, the man first sought a postponement, arguing he required discovery under Rule 35(3).

Judge Leicester Adams rejected this, noting that Rule 35 discovery procedures do not automatically apply to motion proceedings unless directed by the court. The judge found the postponement application was a “tactical manoeuvre” aimed at delaythe man had been notified of the hearing date more than six months earlier but remained “entirely passive” until the eleventh hour.

The Defences

On service: The man argued he had not personally received the summons. The court accepted this explanation but found no evidence that Superdrive knew or ought to have known he was no longer residing at his chosen address. Service was not irregular, and the default judgment was not “erroneously sought or granted.”

On Section 129 notice: The man claimed he never received a notice under the National Credit Act and that the summons was therefore premature. The court rejected this, noting Superdrive had produced registered post track-and-trace proof showing delivery to the correct post office and notification to the recipient.

On standing: The man questioned Superdrive’s legal standing, claiming he had not been notified of the cession from BMW Financial Services. The court dismissed this as “legally unsustainable”the original agreement expressly authorised cession without notice to the consumer, and a written cession agreement had been produced.

The Bottom Line

Judge Adams concluded that the rescission application itself lacked bona fides and appeared aimed at delaying the inevitable.

The court was critical of the man’s conduct, noting that he had made no payments since 2021 while remaining in possession of a “rapidly depreciating asset.”

The application was dismissed with costs.

The Message

A luxury car, a R1.125 million debt, and four years of non-payment. The court has made clear: you cannot simply stop paying, ignore proceedings, and then expect a rescission to save you.

The BMW X6 must be returned. The debt remains. And the costs keep adding up.

{Source: IOL}

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