ONLY WAY TO COMMUNICATE WITH AFRICAN BANK

What I find hilarious is that the only way to get any one at African Bank to engage or speak with you is to litrally write a Hello Peter Post, Then they will repond with: "We sorry but we stick with our decision at this time" despite the fact that no feedback was ever actually given:

Let me demonstrate: - Case Number *** - 30 May - Clearly states that feedback will be issued in 30 working days, we are now on 32 days, not a single call, not a single email, not a single smoke signal, not a single dove or ***eon, not a single word.

This AGAIN reiterates my case, and strengthens my case wherein you are tryign to negotiate with them and they blatently ignore you.

ANYONE with the right mind will tell you that this is abnormal behaviour for a company that MUST adhere to the NCR, wherein you are now clearly in breach,

AGAIN: Any magistrate, court room will determine that the consumer has attempted on several occasions tried to work with this imbicilic bank, only to NEVER get a response and or just blatenly be ignored by them, hounding and demanding for payments, not noting the current status on the system.

I mean, reality must certainly sink in at some point with African Bank that: 1) You refused to negoiate with a debt councilor 2) The consumer has reached out to your firm on 13 different occasions over the past 3 years and not one have you tried to engage with him, 3) When you DO get someone to call, you have to repeat your story for the upteenth time, which falls on deaf ears. 4) You send out letters with reference numbers and never get feedback.

When will the penny actually drop here, that no matter how many times you try to put a default on my credit profile, because I have reference numbers that are under dispute with you, your defaults are magically removed, because again, legally you CANNOT say I defaulted if there is a letter in place stating that the matter is being worked on in 30 working days, yet you dont even abide by that .

When is the penny actually going to drop that African Bank is now actually just playing into my hands, and because of all the evidence in all the engagements with you, you have not bothered to respond to a single one, the longer you take, the less money you get, then you need to issue a section 129 - WHICH YOU STILL HAVE NOT DONE! Yet you claim default,

How is a court of law actually going to look at that realistically" 1) Consumer engages with you 13 times, you ignore 2) Consumer tries debt review, you ignore 3) Consumer reaches out AFTER DEBT review - You ignore ***) 4) Consumer attempts to negotiate on the removal of debt review, *** + *** +*** +***)

When is someone of some sort of stature and management ability actually going to start reading these threads, rather than being caught out when in a court of law when all these are being presented as evidence?

It absolutely boggles my mind.

SO NOW IN CLOSING AFRICAN BANK HAS LEFT ME NO CHOICE BUT TO ISSUE A FINAL DEMAND ON SOCIAL MEDIA:

To: African Bank Limited – Compliance and Collections Department

Subject: Formal Demand for Engagement & Objection to ******** Credit Bureau Listing: Credit Card *** & Loan Account ***

Dear Legal and Compliance Deparment

I hereby formally address this letter to African Bank regarding two accounts held in my name:

- Credit Card *** - Loan ***

We acknowledge that both accounts have unfortunately fallen into arrears. However, I must place on record that this situation has directly resulted from African Bank’s ongoing failure to engage with me as the consumer in accordance with its obligations under South African law.

Over the past several months, I have made no fewer than thirteen (13) documented attempts via telephone calls, emails, and in-branch visits to engage African Bank in negotiating a reasonable payment arrangement. On each occasion, my efforts have been either ignored or dismissed without formal feedback or follow up.

As a result of African Bank’s non engagement, my arrears have increased beyond my control, despite my intention to rehabilitate my accounts and settle my obligations fairly.

Legal Framework and Case Law Authority

African Bank’s conduct contravenes both the National Credit Act 34 of 2005 (NCA) and established case law. Specifically:

- Section 129(1)(a) of the NCA mandates that before enforcing any credit agreement or listing a default on a credit bureau, a credit provider must first issue a written notice offering the consumer the opportunity to remedy the default. - I hereby confirm that no such Section 129 notice has ever been issued or delivered to me in respect of the above accounts, a fact that renders any enforcement or credit bureau listing ********.

Relevant case law confirms this position:

Case Principle Sebola and Another v Standard Bank of South Africa Ltd [2012] ZACC 11 The Constitutional Court ruled that a Section 129 notice must not only be issued but also properly delivered and proven as such. Ignoring consumer engagement attempts violates fair process.

Nkata v FirstRand Bank Ltd [2016] ZACC 12 Reaffirmed that failure to engage with a consumer and non-issuance of a Section 129 notice invalidates enforcement actions, including credit bureau listings.

Ferris v FirstRand Bank Ltd [2014] ZACC 16 Credit providers must offer consumers an opportunity to rehabilitate credit agreements before taking enforcement action.

Absa Bank Ltd v De Villiers and Another 2009 (5) SA 40 (C) Affirmed that credit providers must act reasonably and fairly towards consumers under the NCA.

Formal Demands

In light of the above, I hereby demand the following:

1. Immediate suspension and removal of any default listings related to the aforementioned accounts until full compliance with the NCA has been demonstrated. 2. A copy of any Section 129 notice allegedly issued, together with proof of delivery, as per Regulation 31 of the NCA and the Sebola ruling. 3. A formal engagement from African Bank within 7 (seven) business days to negotiate an affordable payment arrangement in good faith, as per Section 86 of the NCA.

Should African Bank fail to respond or comply with these legal obligations, I will have no choice but to escalate this matter to:

- The National Credit Regulator (NCR); - The Credit Ombud; - And, if necessary, pursue relief through the National Consumer Tribunal and High Court, noting that should we proceed forth with high court, we will also claim costs.

Closing

This letter is sent without prejudice to my rights under South African consumer protection legislation. I trust African Bank will treat this matter with the seriousness it requires.

I look forward to your urgent response.

Glenn Gilmour