JHC BREACHES POPI ACT IN A *****ULENT MANNER

I went for viewing at Umdeni& Carr, Heritage house and Elangeni gardens on Sunday with the an agent by the name of Watidaishe. I specifically asked the agent if they run a credit check on 3 different occasions. She emphatically told me no they only check my affordability (Income vs Expenses) but they will not run my credit. She then told me the places sell out fast so I need to hurry with a decision. She pulled out a printed piece of paper printed in color, asked me for my expenses and income, I told her what they were then she gave me a paper to sign saying that this is just to verify whether the information was true, she asked me to sign the piece of paper as I was reading she told me that there was another person interested in getting the place that was at the top of my list (We viewed multiple places and I had informed her which one I would like should I decide to go with them). The paper was underneath the paper with my expenses so I didn’t think much of it because she said that the paper was just to verify that I’m telling the truth about my expenses. Whilst I was trying to read the paper she kept distracting me with a story about how someone close to her died due to smoking cigarettes (I am a smoker) and she told me a story about how she really doesn’t like cigarettes while showing me where to sign, i signed the paper and she told me that if I didn’t end up going with them, she would tear both papers up so that information wasn’t there. Mind you, all she asked for was a signature, not to fill in anything such as my name, ID number or anything else and in my mind they would need to at least have that information to run a credit check and her constantly assuring me that this was just to state that what we wrote an expenses and income was correct. I then told her I need a couple of days to make a decision and she once again told me the places sell out fast so I need to act quickly if I wanted to secure the place. The following day she texts me asking if I’ve decided and I said I’m still thinking about it, I’d let her know the following day. She then tells me that my preferred place was taken however there’s another place on the ground floor still available at R260 difference. I told her, I’ll get back to her once I’ve spoken with my sister who helps me in my decision making process. She stopped pushing me and later in the evening I informed her that I would like that place that was R260 more expensive. She then asked me to send her my documents for the Application (3 months bank statement, copy of ID and recent payslip) I sent her the information expecting an application form where I’d fill out and sign regarding anything. She never got back to me regarding the application form. The following day to my surprise she sends me my full credit breakdown and a letter of declination saying that I was declined due to a poor credit score, and she sends me a message saying “ You can get someone else to apply for you“ I then informed her that she never told me that there was a credit check and that I didn’t consent to one. She then sends me a voice note saying we didn’t do credit checks before and since management changed they had made some changes she was unaware of (I’m paraphrasing) I then informed her that I did not consent to a credit check and that it’s ******* to do so without my consent as that’s a breach of the POPI Act. At that point she stopped responding to my messages and started deleting the credit report as well as a screen shot with the declination. I fortunately screenshotted the messages before she could delete and forwarded the voicenote to my sister. I unfortunately didn’t save the actual credit report. At that point she started ignoring my messages. I informed her that I will be taking this matter to the Ombudsman and she just said “Okay”. I asked for her details and she continued to ignore me: I called her offices and the call centre lady advised me that they do run credit checks and have been since they started and she doesn’t know why she told me that they don’t. I asked to be put through to manager and this extremely arrogant lady named Mpho (Watidaishe’s manager) started very rudely telling me how I was in the wrong and I should read what I sign and I told her that she had me distracted and told me this is to confirm weather the information I gave her was correct. She carries on to tell me that there’s nothing I can do about it because I signed. I told her I didn’t sign anything that consented to a credit check and I didn’t fill out any form of that nature as she in essence had me under duress. At that point I realized I’d have a more productive conversation talking to the dial tone so I hung up after informing them that I’ll take legal action and she needs to give me her name and surname of which she refused.