arrears dispute and consumer assistance

From: Cape-Able 360 Source it ALL | *** [mailto:***] Sent: 29 June 2023 07:19 PM To: '***'; '***'; '***'; '***' Cc: '***'; '********'; '***'; 'Andrisa Prins' Subject: RE: From: Collect @nudebt.co.za; 48 hour Notice Importance: High

Good evening

I Ubered to the Tygervalley store and spoke with Dominique today – she rendered exceptional service, treated me with the deepest respect and care and I commend her for her compassion and friendliness

I am an almost 2 decade long client of MTN, and have always had the number ***

I am a single mother in the most terrifying, horrible childrens and maintenance court battles, and have been since 06.03.22.

The number *** – the handset and the MTN services – was used by my ex husband

in 2018 he took my ID document, typed out a proxy letter and without my presence upgraded at the MTN Tygervalley store to a Samsung phone. Within minutes of exiting the store, he pawed said phone for drugs, lodged a false insurance claim, obtained a second hand phone off marketplace and left me with the 24 month contract which ended now in June 2023. I paid this contract in full

For years I have been the only breadwinner seeing to the needs of my, now ex, drug addict husband, my son and myself.

Subsequently I have now lost my car, insurance, medical aid. I have ended up at UCT law clinic, UWC’s legal centre, Saartjie Baartman Centre for abused women, Badisa and Famsa and have a kind hearted lawyer assisting me whom I am cc’ing into this email.

I don’t have matric, I am 42 and have been self employed my whole life. I started working on petrol stations at the age of 15 fending for myself. I am white and have nothing to fall back on.

I cant go without communication, then I cant survive. I need a cellphone.

My P30 Pro I have an MTN sky account on under *** is broken, Dominique saw the phone today. I cant take proper pictures, there’s no space anymore, it wont backup, the front and back is cracked and broken. I have not upgraded since 2018/9 (not sure of the year), as you will see if you look at my account. The upgrade my ex husband did was without my consent or presence and because of the financial, physical, emotional GBV and abuse I paid it.

I am now sitting with an apparent arrears as I paid less than I should have. Every time I call into the MTN call centre I get different amounts, same as with this email below and the screenshot Dominique printed out for me today. I simply can not afford to pay this. I am seeing to my minor son without assistance from my ex husband of 16 years. I have a huge arrears at the city of cape town on services and therefore my electricity gets capped at 85%. I get 50 units for R500. The city wont enter into an arrangement with me without his signature, which he refuses. SA Homeloans too I am battling and fighting to keep my home I have been fighting to pay for the last 13 years – the only home my son’s ever known. Theres so much debt made by him against this house, of which he remits nothing. If he gets the house sold there will still be debt and I will have nowhere to live. I am struggling to survive. I simply can not afford to pay the arrears that’s mounted on the account but I desperately need my services to stay on.

I can pay a sum total of R1000 towards the arrears – I know its only 10%, but that’s all I can loan right now. I am self employed and am selling everything from educational toys, clothes, sanitizer, everything and anything. I am not lazy and don’t just through my hands in the air. I am desperate in my fight for whats right and fair – I need help, PLEASE

I would like to respectfully request the arrears be removed off my account and my name, so I may cancel the contract of my ex husband being ***, and upgrade my phone under ***

I am fami**** with MTN’s partnership with the African Union and UN Women to eradicate gender based violence, and call upon my rights as a consumer, as a woman and a single mother to be heard in this regard

I humbly plea with you to assist me in sustaining myself and my son by assisting me with the arrears and the upgrade of my handset and pray for your favourable response at your most earliest convenience.

With sincere gratitude, Martine

From: *** [mailto:***] Sent: 28 June 2023 06:32 PM To: *** Subject: From: Collect @nudebt.co.za; 48 hour Notice

From: Collect @nudebt.co.za

28 June 2023

Our ***

48 HOUR NOTICE

Miss VAN OUDTSHOORN, we act on behalf of our client, MTN, and have instructions to address this letter to you. You are currently indebted to MTN with R10704.94 for services, or any part thereof, rendered to you.

Despite numerous reminders and demands sent to you regarding your account status, you have remained in default on the outstanding amount for a period exceeding 20 business days. Our client further instructs us that notwithstanding numerous written and telephonic requests for payment, you have failed, refused and/or neglected to comply with our client’s requests for payment.

In light of the above we have instructions to instruct you, as we hereby do in terms of Section 129 of the National Credit Act No. 34 of 2005 (“the Act”), that you are hereby afforded 10 business days in which to refer the matter to a debt counsellor, alternatively dispute resolution agent, consumer court or ombudsman with jurisdiction with the intent of resolving the dispute or develop and agree on a plan to bring the payments under the agreement up to date.

Notwithstanding the above and after various requests from our client, we are instructed that you have to date hereof failed, refused and/or neglected to comply with our client’s requests for payment of the outstanding account. Please note that this amount is now long overdue, and you are hereby notified that payment is required within 2 (Two) Working- / Business days, Friday 30th June 2023.

Payments are to be effected directly into our trust account, the details of which are as follows: Account Name: NuDebt Management Trust Account Bank: ABSA Branch code: 632005 Account Number: *** Reference number: BA***

Please note that should you fail, refuse and/or neglect to comply with or adhere to this letter of demand within the prescribed period of 10 business days or reject the proposal set out herein, we have instructions to issue summons against you to recoup all amounts due in terms of the agreement, as well as all legal costs in terms of the provisions of Section 130 of the Act.

Should the status of this account remain the same after 48 HOURS from date of this notification, then your credit record will without further notification be updated on various Credit Bureaus to reflect the above Adverse account.

Contact us via: WhatsApp: *** Call: *** Email: ***

Kind regards [MID:***9:] [LFID:45:] [CPNID:691:]