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Quick tip: If a debt collector calls u to demand payment on some old account ..dont be too quick to acknowledge the debt
If in the past 3 years u never paid a cent towards the debt, never made an arrangement to pay and never served with summons, u no longer owe them anything
https://abs.twimg.com/emoji/v2/... draggable="false" alt="🤷🏿♂️" title="Achselzuckender Mann (dunkler Hautton)" aria-label="Emoji: Achselzuckender Mann (dunkler Hautton)">
If in the past 3 years u never paid a cent towards the debt, never made an arrangement to pay and never served with summons, u no longer owe them anything
Creditors usually don& #39;t take legal action against defaulting small accounts (debts under 20k) ..they send debt collectors to try to recover the debt ..if 3 years passes and the debt is still unpaid .. creditors then sell the account to the debt collectors
Then the debt collector unleashes their full army of debt collection agents to spam your emails and call you throughout the day asking you to pay at least R 10 monthly towards your R 20 000 account https://abs.twimg.com/emoji/v2/... draggable="false" alt="🙄" title="Gesicht mit rollenden Augen" aria-label="Emoji: Gesicht mit rollenden Augen">
Doesn& #39;t make sense right? Right!
Doesn& #39;t make sense right? Right!
If you are gullible enough and go pay that R 10 ...you will receive court summons the very next day at your door step or work place https://abs.twimg.com/emoji/v2/... draggable="false" alt="😅" title="Lächelndes Gesicht mit offenem Mund und Angstschweiß" aria-label="Emoji: Lächelndes Gesicht mit offenem Mund und Angstschweiß">
You were tricked and lured with that R 10 p/m offer
Making a payment on a prescribed account refreshes/wakes the debt
You were tricked and lured with that R 10 p/m offer
Making a payment on a prescribed account refreshes/wakes the debt
So next time a debt collector tries to trick you with an old prescribed account and threatens legal action ..tell them why the debt has prescribed and request that they stop contacting you. If they keep harrassing u, u may contact the council for debt collectors to report
This of course does not apply to some debts
For a home loan (mortgage bond) , a judgement debt (where judgement was given in court) , monies owed to SARS ..the prescription period is 30 years and not 3
For a home loan (mortgage bond) , a judgement debt (where judgement was given in court) , monies owed to SARS ..the prescription period is 30 years and not 3
For Debra arising from a negotiable instrument such as a cheque or notorial contract then the prescription period is 6 years.
All other common / normal debts be it contractual or delictual ..the prescription period is 3 years.
All other common / normal debts be it contractual or delictual ..the prescription period is 3 years.
Most of you hardly check their credit reports and that& #39;s irresponsible behaviour.
Everytime I assist clients with their "black listing/ ITC" matters I discover that creditors are providing false information to credit bureaus ..just to screw you
Everytime I assist clients with their "black listing/ ITC" matters I discover that creditors are providing false information to credit bureaus ..just to screw you
Before I forget let me back up a bit. If u receive summons for a matter u believe is old and prescribed ..u have less than 10 days to quickly find a lawyer!
Because court& #39;s can& #39;t raise the special plea of prescription even if it sees it. You the defendant has to raise it first
Because court& #39;s can& #39;t raise the special plea of prescription even if it sees it. You the defendant has to raise it first
..which will prevent you from getting any further credit form any other credit provider.
You can have your prescribed account removed from credit bureaus (ITC) , or if you were under administration or debt review but had since recovered ..the court can rescind your order and have your name removed from credit bureaus
Dealing with credit bureaus and debt related matters isn& #39;t typical lawyer stuff so I can& #39;t say any lawyer near you is knowledgeable on this subject and capable of assisting ..so it& #39;s best if u ask first if they deal with this before instructing that lawyer to assist you
I feel like I& #39;m forgetting serious stuff I wanted to mention but il throw them under this thread as and when they come back to me https://abs.twimg.com/emoji/v2/... draggable="false" alt="😅" title="Lächelndes Gesicht mit offenem Mund und Angstschweiß" aria-label="Emoji: Lächelndes Gesicht mit offenem Mund und Angstschweiß">
Get your credit profile and check yourselves guys.
Get your credit profile and check yourselves guys.
Im giving out free information my colleagues will not be pleased with me https://abs.twimg.com/emoji/v2/... draggable="false" alt="🙆🏿♂️" title="Mann gestikuliert „OK“ (dunkler Hautton)" aria-label="Emoji: Mann gestikuliert „OK“ (dunkler Hautton)">
By the way I share information which I believe is supposed to be general public knowledge but most people are not aware of
I am however unable to respond to questions for ur personal facts
By the way I share information which I believe is supposed to be general public knowledge but most people are not aware of
I am however unable to respond to questions for ur personal facts
Another thing. If ur account is referred to a debt collector and it is a valid claim against u, please ask for a detailed itemised account statement then download Debt Collectors Act 114 of 1998 and it& #39;s code of conduct ..Act has tariffs which must be charged ..check and compare
I swear 95% of the times the amounts are inflated to over double the cost. Sometimes they bill you for phone calls and letters they never sent you ..more than double.
Request copies of such letters and recorded phone callshttps://abs.twimg.com/emoji/v2/... draggable="false" alt="😅" title="Lächelndes Gesicht mit offenem Mund und Angstschweiß" aria-label="Emoji: Lächelndes Gesicht mit offenem Mund und Angstschweiß">
Yes ..frustrate them till they cancel all costshttps://abs.twimg.com/emoji/v2/... draggable="false" alt="😂" title="Gesicht mit Freudentränen" aria-label="Emoji: Gesicht mit Freudentränen">https://abs.twimg.com/emoji/v2/... draggable="false" alt="😂" title="Gesicht mit Freudentränen" aria-label="Emoji: Gesicht mit Freudentränen">
Request copies of such letters and recorded phone calls
Yes ..frustrate them till they cancel all costs
Also ..on debt collection https://abs.twimg.com/emoji/v2/... draggable="false" alt="🤔" title="Denkendes Gesicht" aria-label="Emoji: Denkendes Gesicht">
If I remember correctly their account must be taxed first before they can demand the collection costs ..unless if u consent that it& #39;s ok if they demand payment with an untaxed account
If I remember correctly their account must be taxed first before they can demand the collection costs ..unless if u consent that it& #39;s ok if they demand payment with an untaxed account
Taxation of account is done at court by court official (taxing master) who will remove any incorrect amounts from the bill and remain with only what you truly owe.
Ok I must reserve all these boring parts for a debate with colleagues
I wanted to go on about case law where it was decided that legal collection fees now form part of legal costs and may not be claimed separately
I wanted to go on about case law where it was decided that legal collection fees now form part of legal costs and may not be claimed separately
