MIBCO and Experian working together to circumvent the law

After dealing with MIBCO for decades, my employer started getting letters of demands for arrears payments. On 28 February 2025, this was sent to them (NOTE HOW AWESOMELY THEY ARE ABUSING THEIR RELATIONSHIP WITH THE CREDIT BUREAU, EXPERIAN)

"Your email dated 14th February 2025 with Final Letter of Demand and Employer Statement dated 13th February 2025 attached to said email bear reference. It is safe to say that we were rather taken aback by the receipt of the correspondence, to put it mildly. As per your letter of demand, please find the following breakdown of MIBCO Forecasts and payments for the period November 2024 to January 2025 -

"***INFORMATION REDACTED***"

It is evident that there is a reconciliation discrepancy between the statement and payment records; however, it is also apparent that the employer should presently hold a credit status with the council in the amount of R***

It is important to highlight that the interest amount of R*** has been omitted from our reconciliation, as including an interest penalty on a clearly miscalculated due amount would be unreasonable.

The employer has been functioning under the oversight of the council's regulatory authority for a duration of several decades. The standard disclaimer included in the council's emails states that bank details will remain unchanged. The employer has not modified any processes or payment platforms recently, which indicates that we have consistently utilized the designated reference number for deposit purposes, with automated proof of payments configured to be sent in accordance with the council's specifications.

It is, therefore, a significant concern and a source of considerable embarrassment for the employer to receive not only a final demand but also a notification from a private credit bureau indicating that the employer's alleged default status will lead to a negative entry on the bureau's records.

I welcome any corrections if I am mistaken, but the correspondence from Experian serves as an official notification that “. . . should the above indebtedness not be settled, the default status will be provided to the credit bureau. This will then be indicated against your credit record. . .”

The final demand stipulates that payment must be made within 21 (twenty-one) days of receiving this notice, i.e. received on 14 February 2025. Should the outstanding amounts remain unpaid, a credit listing will occur 30 (thirty) days following the issuance of the final demand. Experian issued their notice on 27 February 2025, a mere 13 (thirteen) days following the receipt of the final demand. Additionally, Experian has assigned their own reference number, 18049 (MIBCO/Experian reference number ***8), suggesting that the council acted prematurely regarding their letter of demand and failed to observe the necessary 30(thirty)-day waiting period before designating the employer as a defaulting creditor.

The disingenuous language used by Experian, suggesting that the council will supposedly furnish the defaulting status to Experian for inclusion, represents a troubling misuse of authority on the part of both Experian and MIBCO as it is quite apparent from the very fact that Experian felt authorized or mandated to issue the notice, that this information has already been provided to Experian by the council

The employer finds it concerning that the alleged default status of MIBCO levies arises so soon after our visit to MIBCO's head offices, where we addressed the shortcomings of MIBCO agents in fulfilling their responsibilities and the request for reimbur*****t for over 12 (twelve) months due to MIBCO's own defaults. As you are aware, MIBCO's online platforms were unavailable for a significant duration from mid- to late 2023, preventing the employer from completing necessary documents online. Consequently, we had to depend on the Klerksdorp agents for assistance; however, they did not fulfill this obligation despite multiple written requests. This situation ultimately necessitated our in-person visit to the MIBCO head office on 09 December 2024.

The Klerksdorp agents have significantly reduced their regular monthly visits to the workplace since the employer began to emphasize the issue of reimbur*****t. This decline in frequency has led to an inability to fulfill their responsibilities. It is reasonable to question the timing of this change, particularly as it coincided with the employer's insistence on addressing his own grievances, only to subsequently find oneself facing an alleged default claim. What is the underlying situation? We are left to ponder.

Yet, this complaint remains unresolved as of the date of this correspondence; however, MIBCO finds it suitable to issue legal notices to the employer. This action is particularly concerning given that there remain flaws within the MIBCO system, especially considering that the employer has not altered any of its practices and procedures regarding its obligations to MIBCO.

The actions of MIBCO in employing the National Credit Act via Experian without justifiable reason represent a significant misuse of authority. This approach appears to violate the provisions of the National Credit Act due to its premature execution. It raises concerns as to why MIBCO would target an employer with a valid grievance by engaging in unfounded actions and misusing the powers conferred by the National Credit Act.

We recommend that MIBCO urgently review its email address and bank accounts concerning the payments made by the employer. Furthermore, MIBCO should provide a written report to the employer explaining the reasons for the incorrect allocation of the payments received. Given that the letter of demand from MIBCO allowed the employer 21 (twenty-one) days to rectify the alleged default, it is reasonable and fair to request that MIBCO submit its written response within the same period, specifically by no later than 07 March 2025. The written report is necessary to verify that the interest requested in the final demand to the employer is not applicable.

Failure to deliver a precise reconciliation will regrettably necessitate the employer to report this misconduct by both MIBCO and Experian to the National Credit Regulator. Additionally, please ensure that the credits as originally reported by the employer which has not yet been rectified, is incorporated into the appropriate reconciliation statements.

This communication serves as an official notification that the employer retains its legal rights against MIBCO and Experian, including the right to seek costs if deemed necessary, as the employer will no longer accept the incompetence and ************ tactics employed by the council."

Except for an automatically allocated reference number from EXPERIAN, yesterday, we received a lovely final demand for payment within 03 (three) days. Again, this is our response:-

"The employer acknowledges receipt of your emails dated 24 March 2025 and 26 March 2025, along with their attachments.

Regrettably, it seems that the designated MIBCO agent(s) lack the necessary basic understanding to process payments made by the employer in accordance with MIBCO's established procedures and practices. Amongst others, the payments made on 09 December 2024, 10 January 2025, and 07 March 2025 have not been assigned to the relevant reconciliations.

It raises the question of how challenging it can be to review a bank statement and allocate payments to the reference numbers predetermined by MIBCO. The employer's inquiry remains unaddressed, and the continued threat of pursuing legal judgment against a compliant company is perplexing. The failure of the MIBCO agents to fulfill their responsibilities not only endangers the employer's financial stability but also reflects a troubling disregard by MIBCO and its associate, Experian. This behavior is not only ******** but may also constitute a ******** offense of crimen iniuria, for which we will hold MIBCO, the involved agents, and Experian, along with its directors, accountable.

The lack of response from Experian would be amusing if it were not so grave. MIBCO, we are finished with this back-and-forth. It has come to our attention that MIBCO has engaged in questionable practices by charging interest on amounts due in the future. Since when is this considered fair financial conduct?

Experian, please be aware that this correspondence is also directed to you. We are currently assessing the damages and reputational harm incurred in order to initiate formal proceedings against you.

Both parties should note that I am including the Registrar of Labour in this communication, as we are requesting a formal investigation into the actions of MIBCO and Experian.

To the Financial Services Regulator included in this email, please be informed that we have made efforts to resolve this matter with Experian internally; however, aside from receiving an automated email with a reference number, no resolution has been provided.

Mr. *** (MIBCO agent), it is essential to review your bank statements and appropriately assign payments to the designated reference numbers as directed by MIBCO.

After more than a year, the credit owed to the employer remains unresolved due to MIBCO's failure to maintain their systems, which has necessitated manual processing on the employer's part. Regrettably, your representatives in Klerksdorp have yet to take any action to expedite our reimbur*****t. This pattern of ************ and incompetence must cease.

Along with this document, I am including my official notice dated 28 February 2025, which serves as the initial step in our formal complaint to the Registrar of Labour and the Financial Services Regulator.

We have provided ample opportunity to address this matter. Should you proceed to obtain a judgment against the company without addressing our concerns and incorporating all relevant information into a comprehensive reconciliation, we will consider pursuing defamation of character and/or crimen injuria charges, in addition to our formal complaints."

MIBCO and Experian are abusing the powers granted to them by law, let's hope their oversight committees (Department of Labour and Department of Treasury and Finance) resolve this.