HK
Henry K

1 reviews | Active since Jun 2014

08 Mar 2021, 17:00

No consumer protection offered

So experian not protecting my rights as a consumer so I have logged the bollow dispute with them, with proof and evidence. The ombudsman referred me back to them has this is out of there jurisdiction and the fact that it's well within my right to dispute this with them as a consumer, but they keep referring me back to the OMBUD and NCA. Funny enough they accepting the response of the creditor without any questions and disregarding my rights as a consumer without looking at the details and evidence of my dispute.

====== Good day

Herewith would like to log the below and attached dispute.

Nedbank Card Account Number : *******

I have not paid the debt in the last 4 years and therefor my dispute, payment on the account is a debit order which was instituted by the supplier without my knowledge or consent and does not apply. I have not acknowledged the debt in the last 4 years or committed to repay the debt.

Judgment has not been taken in the last 4 years.

You have asked the supplier for credible evidence for any of the following that the account has not prescribed:

• Judgment document • Acknowledgement of debt (court document) • Consent to judgment (court document) • Proof from data supplier that the last payment indicated was received from the consumer itself. This excludes debit orders instituted by the supplier. • A voice recording where the consumer acknowledges debt or written acknowledgment of debt.

Nedbank have not provided you with proof that I made the payment of R394.89 on the 22/06/2018. Last payment made by myself on this account was for the amount of R 2628.66 which was on the 08/03/2017, debt prescribed on the 08/03/2020. (Attached Statement) proof.

Attached summons was issue on 05 October 2019 and send to the incorrect address, and not properly served. Non-delivery of default notice I have never received the said summons making it invalid, as I was not given the option to defend the summons. (Attached Summons and Proof of Residence) Sections 129(5) to (7) of the NCA prescribe the two acceptable methods for delivering the section 129(1)(a) notice. Provision is made for the default notice to be delivered to consumers either by hand to an adult person at the location designated by the consumer, or by registered mail. No other methods of delivery of the notice are permitted. Summons must be issued in the same jurisdiction of a magistrates court of that of the defendant OR consumer.

Debt has prescribed and needs to be removed.

Regards, Hdk

0
Replies (3)
Experian SA
Experian SA's reply09 Mar 2021, 13:44
Official
 Good Day, 

Thank you for bringing this issue to our attention. 

The reference number provided is for the dispute of a removed account, please provide the reference number for the other disputes

Regards, 

Consumer Care Team 

HK
Henry K's update09 Mar 2021, 14:50
Reviewer Update
Good day

Dispute was logged online and email to your desktop I have not received a reference number.

Just a message saying your dispute has been successfully logged.

My ID Number ***

HK
Henry K's update19 Mar 2021, 16:10
Reviewer Update
Again I am being referred back to the ombudsman, because you as experian refuse to deal with the facts.

Good day, Please be advised that this matter fall outside of the credit bureaus jurisdiction and we are unable to assist, you may refer your query to the Credit Ombud. The Credit Ombud’s details are as follows: Tel Number: ***Web Address: www.creditombud.org.za Kind regards, Buyile Thobela Consumer Relations Centre| Consumer Care Consultant Ballyoaks Office Park, 35 Ballyclare Drive, Bryanston, Johannesburg Tel: ***www.experian.co.za The credit ombudsman said the same thing and that I had to refer the matter back to you, clearly one needs to take legal action against credit bureaus like yourself who assist creditor with ******** and ******* practises against consumers.