PUBLIC SERVICE ANNOUNCEMENT

PUBLIC SERVICE ANNOUNCEMENT

A client of mine received correspondence from Landau which was framed as an “urgent matter” and required client to provide a 13-digit ID number in order to access an attached document.

As a lawyer, I did some basic due diligence before engaging.

My conclusion is that this appears to be a real debt-recovery business operating within the broader Landau group.

That, however, is very different from saying that every demand it sends is valid, that every amount claimed is owing or that every threatened consequence can lawfully be implemented.

In particular, consumers should distinguish between Landau Medical Recoveries (Pty) Ltd and any separate attorneys’ practice operating under the Landau name.

A debt-recovery company does not acquire the powers of a court merely by using urgent language, referring to legal consequences, or being associated with attorneys.

Any threatened legal action still requires the ordinary legal foundations being a valid underlying debt, proof of the amount claimed, the creditor’s entitlement to recover it, proper authority or mandate to act, compliance with any applicable statutory requirements, and ultimately proper legal process.

A collector cannot simply create a judgment, blacklist someone, attach property or compel payment by assertion. Where court enforcement is required, there must be lawful process and, where applicable, an order of court.

Before paying anything or admitting liability, I would strongly recommend that recipients demand, in writing, the identity of the original creditor, the underlying invoice or account, the date and nature of the alleged debt, a complete reconciliation of the principal amount, interest and collection charges and confirmation of the capacity in which the sender acts.

I was also concerned by the substantial number of poor public reviews alleging difficulties obtaining statements, reconciling accounts, stopping collection activity after disputes or payments, and obtaining meaningful responses.

Those allegations are of course the reviewers’ experiences and are not proof of misconduct in any particular case, but the recurring pattern is enough that I would personally insist on a complete written paper trail.

So, as a public-service point: do not panic because a debt collector uses the words “urgent”, “legal”, or “action”. Verify first. Ask for documents. Do not casually admit the debt. Do not provide unnecessary personal information. Importantly, remember that a threat is not a judgment. These guys cannot do that, in any event, even if they wanted to - It is just noise.

Legitimate businesses should have no difficulty proving a legitimate claim. Actual lawyers don't speak like these people. It is always measured, articulate and respectful. You don't need to subject yourself to any form of harassment from someone who literally can do nothing to you. Do not pay them. Do not indulge them. Again, empty vessels.

Ps. Great to see Landau rated his own business 5 stars on this platform. Anything to get that 2 star rating up, I guess...

UPDATE:

There is a publicly available South African Government Gazette from September 2023 which contains an entry referring to an entity named “Landau Attorneys Incorporated (in liquidation)”, under reference GF157/2020.

I have not independently established that the entity referred to in that Gazette is the same juristic entity as any business currently trading under the Landau name and I make no allegation that it is.

I mention the record simply because it is publicly available and potentially relevant to anyone wishing to conduct their own due diligence. Consumers may wish to verify the identity, registration status and regulatory capacity of the particular entity contacting them before providing personal information, acknowledging liability or making payment.

The Gazette should be read for itself and conclusions should not be drawn beyond what the official record actually states.