Shocking Breach of the National Credit Act by ABSA Credit Cards – My Fight for Justice

I am writing to formally raise concern over ABSA’s conduct regarding my repeated requests for debt relief. The credit provider has failed to respond appropriately under the obligations of the National Credit Act 34 of 2005 (NCA). I have exhausted all means to resolve this amicably and now seek a final response and resolution. Attached are additional emails relating to the correspondence below: Timeline of Communication • 23 July 2024 – First request for debt relief emailed to *** and ***. • 13 August 2024 – Follow-up email with full financial documentation sent to ***, as requested. • 27 August 2024 – Further follow-up requesting status update. No reply received. • As of 3 December 2024 – I have waited 5 months and 26 days without receiving a single debt plan or meaningful engagement, despite multiple clear and documented requests. Each of my emails included: • A full breakdown of my income and expenses; • My UK phone number and email address; • A request for assistance to avoid falling into default. Breach of Legal Duties under the National Credit Act 1. Failure to Act in Good Faith (Section 3) ABSA failed to engage or assist after being notified of my financial hardship, violating the principle of fairness, transparency, and reasonable conduct. 2. No Response to Debt Relief Request Despite showing a consistent R11,000 monthly loss since April 2024, I received no actionable support. This prolonged inaction directly contributed to my eventual default. 3. Reckless Lending (Section 81) On 11 December 2024, while I was already in default and had disclosed my inability to pay, ABSA offered me an additional R109,371 credit limit increase — an irresponsible and potentially reckless act under Section 81(3) of the NCA. Financial Position Since April 2024, I have accrued a total negative cash flow of approximately R140,000. Even under this financial strain, I continued to meet my credit card obligations until 10 December 2024. My income has now nearly dried up completely, and I have no additional funds available. Failure to Address Prior Requests Before Default Notification On 11 January 2025, I received a default email regarding my ABSA Credit Card (ending in 4041), listing the following: - Amount payable immediately: R12,034.22 - Upcoming due amount (due 6 February 2025): R11,877.00 - Total outstanding balance: R407,910.81

This email made no reference to my previous hardship requests or submitted documentation. The lack of engagement over five months, followed by this generic default communication, demonstrates a failure to act fairly and reasonably as required under the NCA. Between January and 10 February 2025, I received near-daily generic emails from ABSA reminding me of my default. These emails were repetitive, automated, and made no reference to the hardship communications I sent in July and August 2024. In addition, members of my family were contacted by ABSA and asked to pass messages to me. I view this as an inappropriate form of third-party contact. At no stage did I give permission for ABSA to involve third parties in private financial matters. These actions, combined with the refusal to acknowledge my earlier requests for assistance, created a pattern of behaviour that I believe constitutes harassment and a breach of the good faith principles set out in the National Credit Act. In May 2025, I was contacted by ABSA’s legal representatives, Strauss Daly, who stated that my account was in five months of arrears and suggested minimum payments equivalent to 4%–6% of the total outstanding balance (R17,396.77 to R26,095.15). They also confirmed my final payment of R3,850.00 made on 6 December 2024 — showing that I attempted to maintain payments even while ABSA was unresponsive to my hardship requests. I have received no indication from either ABSA or their legal team that my prior hardship communications were ever reviewed, nor was a tailored debt solution presented. This continued pattern of ignoring consumer requests while pursuing collections further substantiates my claim that ABSA failed to act in good faith under the National Credit Act. Final Lump-Sum Settlement Offer To resolve this matter in good faith, I am offering a R60,000 lump sum payment, to be paid immediately; and then R10,000 per month for a further 4 months, totalling an additional R40,000.to cover BOTH ABSA credit cards in full and final settlement. This amount will need to be borrowed from family and friends, and is the maximum I am able to raise. I would also like to note that I am currently residing abroad. I have no personal disposable income, no assets in South Africa, and I am unable to support any repayment arrangement beyond the proposed settlement as I am in a negative each month. This offer is being made in good faith and represents the only funds I am able to raise, borrowed from family and friends. If this amount is not accepted, I regret that I will have no further ability to repay, and no alternative repayment arrangements can be made at this time. I request: • Written confirmation that this amount will be accepted as full and final settlement. • That my credit profile will be updated accordingly and a paid-up letter issued. Next Steps Should this complaint remain unresolved, I will submit all relevant documentation, including communication records and credit offers, to the following authorities: • The National Credit Regulator (NCR) • The Credit Ombud • The National Consumer Tribunal, if necessary