MS
Maghiel S

1 reviews | Active since Oct 2020

29 Oct 2020, 10:20

********** blacklisting, coercion and ******ion by Edgars/Edcon and legal representation.

Good Day,

After conducting a credit check on my name, in order for me to make an application to rent property, it came to my attention for the first time that I have been blacklisted, and that the blacklisting in questions was initiated by Edgars/Edcon. This comes as a surprise to me as I settled and closed my edgars account several years ago in the presence of two witnesses at an Edgars branch - both of which are willing to provide a sworn affidavit at the police station.

According to the National Credit Act, It is a legal requirement that creditors inform an individual at least 20 working days in advance of submitting an individuals' name to the credit bureau for blacklisting. No such communication or correspondence took place either from Edgars or their legal representatives, Norman and Basson, or the Nimble Group which in and of itself is not only ********* but by legal definition, explicitly *******.

Furthermore, on the 27th October when I went to the Edgars branch at the Kolonnade requesting a statement, they had me spend roughly an hour on a phone call to the head office, which couldn't help me and then referred me to their 'lawyers', which from what I can deduce is either 'Norman and Basson' or the Nimble Group (this still remains unclear). The call with Edgars head office was recorded by edgars for reference purposes.Edgars claims that they are not able to provide me with a statement so that I could in turn provide them with proof of payment that I settled the account several years ago. I was referred to their lawyers 'Norman and Basson' to acquire a statement. Upon contacting Edgar's lawyers from the Edgars store I was provided with an amount of R 1362.54 owing with no indication of how this amount was calculated or to what and who it is allocated between Edgars and their lawyers. This is not a statement from Edgars and does not indicate how the owing amount was calculated nor any of my payment history, which again is contradictory to certain legal requirements:

Section 108 of The National Credit Act enforces: The right to know how much you owe and how it has been calculated. ... In respect of all other credit agreements, statements of account must be issued every month.

I was unable to ascertain whether it was Edgars or their lawyers that took the act of wrongfully blacklisting me, but I was informed by the lawyers' firm that in fact Edgars blacklisted me, but that if I pay the lawyers the owing amount, they (being the lawyers) would be able to remove the blacklisting, which seems suspicious an unreliable.

While it is not clear to me who made the wrongful decision of blacklisting my name, it is clear that Edgars acted in contradiction to credit law in doing so, as well as in not providing me with a statement as per Section 108 of the National Credit Act. It is also clear to me, that in both these actions that are contradictory to South African law, Their lawyers Norman and Basson and/or th Nimble Group have facilitated them. After making contact with both these parties I remain blacklisted, and I remain to be provided with a simple statement so that I can provide evidence of my payment. The amount which is claimed to be owing to Edgars has additionally accrued interest as well as possible legal commission, even though I have not received a single statement to inform me that "I owe" Edgars in several years.

The fact that I am not being provided with a statement to reconcile my account, query it, or provide proof of payment at all is tantamount to coercion and ************, which beyond been ********* on the part of Edgars and by extension Norman and Basson and the Nimble Group is institutionalised coercion based on ********** claims that can not legally be motivated or justified.

On the 28th of October I contacted the Nimble Group. This call was also recorded and I spent roughly an hour on the phone. The reference number provided here was: ***4. I spoke with Huskina on the phone and she confirmed that indeed it should have been communicated to me before any action was taken to black list me. She also could not provide any evidence of such communication, but despite admitting that the procedure and practices were not in line with legislation still pressed for me to pay them as the only solution. Sensing no willingness on their part I proposed that I would pay the amount, not as an admission of guilt, but as my only option. As such I enquired about the discount which they state is negotiable. Huskina informed me that the total amount to settle the account would come to R 1 167.49. While I'm not willing to make a payment without a statement I requested one. Huskina requested my phone number so that she could sms this statement to me but it did not come through. I then asked her to email it to me (since they have my updated email and have emailed me the day before). Neither the email nor the sms came through while she was on the phone, nor in the time since, I have it on the word of an employee, namely Huskins from the Nimble Group, as recorded in the call, that a payment of R 1 167.49 will settle the amount entirely so that they can remove the blcak listing, yet on NimblePay's App they still have the balance that I owe as R 1362.54. This fills me with more suspicious trepidation and feels to me like another avenue to ****** money from me in the future by claiming I did not settle the account in full after I have made a payment. Not to mention that this is all discarding the fact the existing blacklisting is ******* and both Edgars, Edcon and their financial and legal advisors have been made aware, and to date continue to maintain the blacklisting while aware that it is a ******** act to do so.

More than three years after settling and closing my account at an edgars store in presence of two witnesses I need to pay an unallocated amount of money without a statement to a company which cannot legally justify or provide a statement indicating why and for what. Despite the fact that Edgars' actions as facilitated by their legal council, have been wrong, *********, *******, and as such should be settled through legal dispute, I as the victim in the scenario do not have the time to ensure a just timely and amicable solution. I need to get my wrongful blacklisting removed so that I can find a place to rent and live without being hanicapped and blacklisted.

It is for this reason that I have some trepidation as to the promises and competency of Edgars/Edcon and NimblePay to actually close and settle my account should I pay any amount of money to them, which is why I have taken to starting a paper trail where there can be some accountability with all relevant parties informed and notified.. I therefore request that:

1. My name be removed from the blacklisting by whichever party **********ly made that listing, which according to my TransUnion credit report is in fact Edgars/Edcon.

2. Provide me with a legally defined statement, so that if you have a legitimate and legal claim to payment from me, I can make it in a manner that too is legitimate, traceable, properly app**** absolute, settled, indisputable.

3. If you feel that you have a valid dispute, you may then inform me that you intend to blacklist me in 20 days and I will happily proceed with the dispute through legal procedures and channels.

I do have supporting documents and reference numbers to justify all the values and facts layed out in this letter.

P.S. As the National Credit Regulator does not provide an email address on their online platform, please take note that I will be forwarding this letter to them in the form of a fax and possibly registered post. I will also be making it public on Hellopeter..... as a starting point for this dispute.

I am incredibly eager to receive a response. Thank you, Maghiel Swart

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