Formal Complaint: Unauthorised Application Processing, Debt Claim & POPIA Violations

Subject: Formal Complaint: Unauthorised Application Processing, Debt Claim & POPIA Violations - Case CAS-354442-K4L4P5 CRM:*** Dear Milpark Education Management, I am writing to formally complain regarding the ******** processing of a non-existent application, subsequent billing, and persistent harassment by Milpark Education, despite clear instructions to cease communications. This matter involves serious breaches of South African law. Timeline of Events 1. January 2025: I began an online application but did not complete or submit it. No application was ever finalised or submitted to Milpark Education. 2. 21 January 2025: Received the first unsolicited notification about an incomplete application, followed by numerous emails and phone calls. 3. Late January 2025: I explicitly informed a Milpark agent via telephone that I was not interested in applying and wished no further contact. The agent acknowledged and confirmed this request. 4. 26 February 2025: Received an email stating my "application" had been approved – despite never submitting one. 5. 4 March 2025: Received the first statement demanding R300 (with no description). I have received repeated statements for this invalid charge ever since. 6. Contact Attempts: My attempts to resolve this via your website's Contact Us facility (Case: CAS-354442-K4L4P5 CRM:***) and emails to *** & *** (which appear non-functional) have gone unanswered. Key Issues & Legal Violations 1. Unauthorised Processing & Fabricated Application: o Milpark processed a non-existent "application" and issued an "approval" without my consent or submission. o Law Violated: Protection of Personal Information Act, 2013 (POPIA), Section 11: Processing personal information without a lawful justification (consent, contract, legal obligation). No application = no lawful basis. o Law Violated: Consumer Protection Act, 2008 (CPA), Section 14: Subjecting me to "authorised" transactions (approval, billing) for services I did not request or agree to. 2. *****ulent Debt Claim & Harassment: o Demanding payment of R300 for an unspecified charge related to services never requested or rendered. o Law Violated: National Credit Act, 2005 (NCA), Section 73: Attempting to collect a debt that is not legally owing. No agreement exists. o Law Violated: CPA, Section 74: Engaging in "unconscionable conduct" by demanding payment for non-existent services. o Law Violated: CPA, Section 16: Continued direct marketing (calls/emails) after I explicitly opted out and withdrew consent (confirmed by your agent). 3. Failure to Respond & Inaccessible Channels: o Ignoring legitimate queries (Case CAS-354442-K4L4P5) and providing non-functional email addresses hinders complaint resolution. o Law Violated: CPA, Section 67(2): Failing to respond promptly and adequately to a consumer complaint. Demanded Actions 1. Immediate Withdrawal: Retract the fabricated "application" and "approval" from your systems. 2. Cease Billing & Cancel Debt: Immediately stop sending invoices for the R300 and confirm in writing that no debt is owed to Milpark Education by me. 3. Cease Communications: Permanently stop all communication (email, phone, SMS) regarding this matter or any marketing. 4. Written Confirmation: Provide written confirmation within 7 working days detailing: o The actions taken above. o The specific reason the R300 was charged. o Confirmation that my personal information has been corrected/deleted as per POPIA Section 24. 5. POPIA Compliance: Confirm how my personal data, collected during the abandoned application process, was used and provide proof of its correction/deletion. Escalation Notice Failure to resolve this matter satisfactorily within 14 calendar days of this email will leave me no choice but to escalate this complaint to the relevant regulatory bodies: • Office of the Ombudsman for Higher Education (OLHE): Yes, this is the correct independent statutory body for complaints against public and private higher education institutions in South Africa. • Information Regulator (South Africa): For the serious POPIA violations (unauthorised processing, failure to cease communications upon request). • National Consumer Commission (NCC): For breaches of the CPA (unsolicited services, unconscionable conduct, failure to respond). • National Credit Regulator (NCR): For attempting to collect an invalid debt under the NCA. This persistent misconduct has caused significant distress and inconvenience. I expect your urgent and formal response addressing all points raised. All communications related to this matter have been meticulously documented.