1 reviews | Active since Apr 2014
Harassment and no feedback on prescription claim
<p>After getting a reply more than 2 months ago that they are looking into the fact that they are harrasing me about an account that was closed more than 10 years ago according to my knowledge. If this alleged debt did exist it has prescribed long ago. But I still receive these emails but no reply on my previous query. And none on emails I send them either. Therefor I quote: "</p> <p>The extinction of debts by prescription is provided for in the Prescription Act 68 of 1969. The law states that if a credit provider does not issue a summons, or obtain judgement against a consumer within 3 years after defaulting on payment of an account, the consumer can rely on the defence of prescription by stating that the claim has lapsed or expired.</p> <p>For more clarity: if no payments were made; no promises to pay were made; or a consumer did not admit that the debt existed during the three year period; prescription sets in.</p> <p>It is for this reason that credit providers normally issue summons and obtain judgement within three years from the date of default to avoid the claim from lapsing.</p> <p>In a major change, a new section regarding the application of prescription of debt is included the National Credit Amendment Act 2014 (NCAA).</p> <p>This section {126 (b)} forbids any person to sell a debt under a credit agreement to which the NCAA applies and that has been extinguished by prescription under the Prescription Act 68 0f 1969(PA).</p> <p>It also forbids any person to continue the collection of, or re-activate a debt under a credit agreement to which the NCAA applies; which debt has been extinguished by prescription under the PA; and where a consumer raises the defence of prescription, or would reasonably have raised the defence of prescription had the consumer been aware of such a defence, in response to a demand, whether as part of legal proceedings or otherwise. </p> <p> </p> <p>Please send me acknowledgement of my prescription claim and proof that this file has been closed.</p> <p>Regards</p>
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GLA Management
Good Day,
Please provide us with your reference number or ID number in order for us to assist you.
Regards,
GLA Management
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Good Morning,
Thank you for providing us with the reference number.
We are going to investigate the matter to establish where the break down in service was. We will provide you with feedback in due course.
Regards,
GLA Management
Good Morning,
Thank you for providing us with the reference number.
We are going to investigate the matter to establish where the break down in service was. We will provide you with feedback in due course.
Regards,
GLA Management
