Nedbank loan

I am writing this complaint on behalf of my 72 year old father.

About two months ago my father started getting phone calls and sms regarding a Nedbank loan account. Brooks and luyts alleged that they have been appointed to recover this debt from my father.

During 2011 my father was retrenched because the company he worked for was placed under liquidation. He notified all his debtors regarding the retrenchment.

It is now 10 years later Brooks Luyt and they now wants to recover a debt which was written off by Nedbank. They also wrongfully want to recover a prescribed debt which is ******* in terms of our law.

Herewith is the email sent to them.

"I am writing this email on behalf of my 72 year old dad, Ronald Damons and refer to all previous sms and phonecalls you do on a daily basis.

I state that my Dad do not have any outstanding debt and herewith confirm that should he have had a Nedbank account you are referring to, that debt has prescribed in terms of the Prescription Act and that you have no legal right to harass and threat him to proceed with legal actions as you cannot proceed with legal actions on a prescribed debt.

Seeing that you keep on claiming that he owes money which he does not, I demand to see proof of the debt: original contract, proof of the date of default, the handover amount and a breakdown of all the costs. Costs and interest may not exceed the handover amount. And you are further aware that a creditor or collector may not list a prescribed debt on your credit record.

If you continue with your harassment I will forward this complaint to the Credit Ombudman.

Further take note that The Prescription Act states as follows.

Section 126B which prohibits dealing in a debt under a credit agreement extinguished by prescription, and allows the consumer to raise the defence of prescription (even though the consumer agreed to revive a prescribed debt without being aware of the prescription defence) came into force on 13 March 2015.

Provide me with valid proof that this debt was not yet prescribed the date you contacted my father."