LD
Lana D

1 reviews | Active since May 2013

25 May 2017, 10:59

2013...Are you serious

<p>So, I receive phone calls as from as early as 06:20 from a company called DMC. Who calls anyone at this time in the morning? When I answer, i am informed I have an outstanding personal loan with ABSA, which amounts to R 34000.00. I state, that I dont have and just to understand where they come from I ask when was the last time I made payment on this said account. According to them I made payment back in October 2013....</p> <p>This I find strange, that ABSA would wait 3.5 years to collect money from someone. So according to my limited law knowlegde, I know after 3 years of non payment, non communication etc, the debt becomes prescribed. I then state that I will get legal advice, which the consultant appears not to feel comfortable with.</p> <p> </p> <p>I then indicate that I am not in agreement and will not make any arrangements as I will not pay.</p> <p> </p> <p>The following days i receive calls from the same people with the same bogus story. Telling me that I need to make an arrangment in order to settle the debt. To which I said I wont.</p> <p> </p> <p>They need to know what they are doing is ********l and they are harrassing me and they should stop this.</p> <p> </p> <p> </p>

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Replies (2)
DMC
DMC's reply25 May 2017, 11:42
Official
Thank you for your complaint, we will proceed to investigate and will provide you with feedback. Kind regards Georgina Witbooi Tel: *** Email: ***
DMC
DMC's reply05 Jun 2017, 10:28
Official
Thank you for affording us the opportunity to investigate your complaint. Prescription is a defence in law that can be raised should there be no payment, express or tacit acknowledgement of debt for an uninterrupted period of 3 years in respect of personal debt. Often a detailed factual investigation may be required in order to ascertain whether there has been an acknowledgment of the debt. As such each case needs to be adjudicated on the specific facts applicable, with only a competent court of law, in the absence of an agreement, having the authority to pronounce that a debt has prescribed. We have investigated your defence of prescription and addressed your concerns in our correspondence dated 5 June 2017. In light of the aforementioned, we have proceeded to close this query. Kind regards Georgina Witbooi Tel: *** Email: ***