1 reviews | Active since May 2016
Nedbank Legal don't understand Prescription Law....Well only Taryn Kast
I am not sure what your “legal” knowledge of Prescription is but let me educate you accordingly. This debt is older than 3 years and has therefore prescribed. No judgement has been awarded to Nedbank and no judgement has been added to my credit record.
As per your own admission of documents emailed by Taryn Kast, she confirmed that thea summons was delivered to 7 L............ Av, Rhodesfield, Kempton Park. I have NEVER lived at that address. From this summons I believe no judgement was made since the said date and was therefore not listed on ANY credit Bureaus.
Let me do the Math. As per your documents the last correspondence was 22 February 2018 (via the Summons) and 04 December 2017 (via an attorney) therefore just on that basis, 22 February 2019, 22 February 2020, 22 February 2021 and 22 February 2022 amounts to 4 years. This debt then prescribed on this summons 1 year ago. Should you be of the belief that a Summons interrupts the prescription then you are ill informed. Should I request a FULL STATEMENT of Account, which as per the National Credit Act, I am allowed one per annum. This debt prescribed more than a 3 years ago.
https://www.news24.com/fin24/companies/are-you-repaying-a-prescribed-debt-ombud-cautions-consumers-about-banks-breaking-the-law-***8
https://businesstech.co.za/news/banking/611140/banks-are-going-after-prescribed-debt-in-south-africa-what-you-need-to-know/#:~:text=Under%20South%20African%20law%2C%20namely,passing%20of%20a%20prescribed%20period.
I have also added two news article links confirming that this debt has prescribed.
I am unsure as to why Taryn Kast stated that this debt has not prescribed on basis of a summons unless you chose to NOT read the dates, or this is a delay tactic on your behalf.
I have also forwarded this correspondence to my attorneys for further review and advice.
I await your URGENT response in this matter.
