JR
Jacqueline R

1 reviews | Active since Apr 2014

16 May 2017, 22:45

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>

0
Replies (4)
GL Attorneys
GL Attorneys's reply17 May 2017, 15:17
Official

Good Day,

Please provide us with your reference number or ID number in order for us to assist you.

Regards,

GLA Management

JR
Jacqueline R's update17 May 2017, 15:21
Reviewer Update

Good day

My ***

Regards

GL Attorneys
GL Attorneys's reply18 May 2017, 07:23
Official

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

JR
Jacqueline R's update19 Oct 2017, 20:00
Reviewer Update
After waiting for the so called investigation I still receive threatening emails regarding this alleged debt that is also prescribed debt. This is unacceptable. Sort this out asap or I will seek legal advice and go to the law society regarding this. Amendments to the National Credit Act (NCA) in 2015 made it clear that it is ******** for any credit provider or debt collector to try to collect payment on a prescribed debt.