ST
Sha T

1 reviews | Active since Aug 2017

01 Oct 2019, 12:02

Disgusting!!!! I demand for the discoveries on this matter in the alternative immediate satisfactory rectification!

Good day,

The below complaint refers,

The disgusting treatment from your third party contractors.

I have been approached and harassed many times over the last year pertaining to an alleged amount outstanding.

Upon requesting numerous times for the statement of claim pertaining to these allegations to be sent to me, their response has been negative and the discoveries and evidence have continuously been refused to me.

They have also indicated that they do not care and will not give me the legally required documentation as it is not their problem, and have also refused to give me a call reference number and have hung up on me when demanding to speak to their managers.

I am deeply concerned and disgusted by Absa's choice of third-party partners, assuming these are legitimate third parties, and the mortified at the unprofessional approach and method these individuals and companies make use of.

I ask you if this is legitimate, then how is a client meant to rectify a situation if being refused the legally required information in order to settle a matter.

Please refer the below legislation pertaining to the above matter's violations by your third party contractors;

This is an ******** violation of the Debt Collectors Act, NCR Act and the CPA.

Please be advised that if a matter is in dispute, you can not list an individual on ITC, not hand over a matter, this is ******** and you are therefore in contravention of the Debt Collectors Act.

Yourselves and your contractors have also not comp**** with the requirements of the NCA; You have failed to provide sufficient notice to the consumer of the intention to proceed.

According to the NCA Act 2005 Section 129, Debt enforcement by repossession or judgment; S129(b)(2)(i) Required procedures before debt enforcement 40 129. 129. (1) If the consumer is in default under a credit agreement, the credit provider- (b) subject to section 130 (2), may not commence any legal proceedings to enforce the agreement before- (i) first providing notice to the consumer,

In terms of the Debt Collectors Act, Section 15 refers to Improper conduct by debt collectors (1) A debt collector may be found guilty by the Council of improper conduct if he or she, or a person for whom he or she is vicariously liable- (c) makes use of ********** or misleading representations, including- (i) the simulation of legal procedures; (ii) the use of simulated official or legal documents; (g) contravenes or fails to comply with any provision of this Act; or (h) behaves or acts in any manner amounting to conduct, other than that mentioned in paragraphs (a) , (b) , (c) , (d) , (e) , (f) or (g) , which is improper in terms of regulation.

According to the NCR Act S65 (Consumer Rights), Section 65 refers to the right to receive documents. S65(1) Every document that is required to be delivered to a consumer in terms of this Act must be delivered in the prescribed manner if any. (2) If no method has been prescribed for the delivery of a particular document to a consumer, the person required to deliver that document must- (a) make the document available to the consumer through one or more of the following mechanisms- * (iii) by email; (b) deliver it to the consumer in the manner chosen by the consumer from the options made available in terms of paragraph (a). (3) A credit provider must not charge a fee for the original copy of any document required to be delivered to a consumer in terms of this Act. 4) On written request from the consumer, the provider must provide the consumer with- (a) a single replacement copy of a document required in terms of this Act, without charge to the consumer, at any time within a year after the date for the original delivery of that document; and (b) any other replacement copy, subject to any search and production fees permitted by regulation.

The Promotion of Access to Information Act "PAIA" also gives effect to section 32(1) of the Constitution which provides for the right of access to: any information held by the state; any information that is held by another person and that is required for the exercise or protection of any right.

Therefore my constitutional right is also being infringed.

I propose, If anything is outstanding, then in order to alleviate the aggravation and settle to matter, I legally require the proof of services rendered to be submitted to me as per my prior requests. The lack of statements and any documentation in this regard is absolutely ******** and insufficient.

Satisfactory proof would be a copy of the bank account statement, and any other statement referring the alleged allegations, submissions are to be sent to me via email, to my email address, within 3 business days.

Upon not receiving the aforementioned, then, I am within my right and shall refer a report of my complaint to the relevant bodies, The Federal Reserve, The Council for Debt Collectors, Consumer Ombudsman, National Credit Bureau and National Credit Regulator and ITC for sanctions.

I eagerly await your response via email.

0
Replies (1)
Absa
Absa's reply01 Oct 2019, 13:43
Official
Dear Shanine Coles,

Thank you for bringing this matter to our attention. The reference number to your case is                      C-***3. We will be in touch to obtain additional information. 


 Kind regards,

Rezona Louw

Group Customer Care

Absa Bank Ltd