Brook and luyt

Good day Please can you provide me section 58 (consent to judgement). As you have handed over my account to Brooks and Luyt and know that I request the permission section they cannot provide it to me. Please see below what Brooks and Luyt has send me!!!!!!!!!

Official business reply

Dear Madam

The extract taken from the website of National Debt Advisors which you have incorporated in your complaint refers, to which we have included the link below for ease of reference. https://nationaldebtadvisors.co.za/consumer-rights/

Section 126B of the National Credit Amendment Act which came into force on the 13th of March 2015 determines that, “No person may continue the collection of, or re-activate a debt under a credit agreement to which this Act applies - which debt has been extinguished by prescription under the Prescription Act.”

Section 15 (1) of the Prescription Act states that, “The running of prescription shall be interrupted by the service on the debtor of any process whereby the creditor claims payment of the debt.”

Section 11 stipulates the periods of prescription associated with a judgment debt to be 30 years.

In light of the three sections above, the indebtedness to our client has not prescribed.

1) For the claim arising from account number ********** ********** 00 a summons was served at the last address our client had on record as being that where you were domiciled.

Service was effected on 17 October 2011 in accordance with rules 9(3)(d) and/or 9(5) of the Rules Regulating the Conduct of Proceedings of Magistrates’ Courts of SA, which service fulfilled the interruption requirement as contemplated in Section 15 (1) of the Prescription Act.

2) Further to the above, after having considered the merits in question, judgment was granted in favour of our client by the Magistrate Court on or about the 06 February 2012 under Case number 26730/11, which interrupted prescription for a period of 30 years thereafter as per Section 11 of the Prescription Act.

Having considered the above facts, it is our contention that the indebtedness may lawfully be pursued seeing that all requirements as envisaged by both the National Credit Act and the Prescription Act have been comp**** with.

Kindly be advised accordingly.

I am very sorry I want to see the summons on which I must sign before judgement can be granted