1 reviews | Active since Jul 2016
Nedbank Violation of Prescribed Debt Act
I was looking through my credit profile and noticed the Nedbank still has this debt on my profile for 8.5 years. In terms of the prescribed act there has been no legal proceedings issued and the debt is now deemed as prescribed. Nedbank has been in clear violation of an act which is in essence unconstitutional, ********* and basically a crime that qualifies for investigation by the Credit and Banking Ombudsman. My details are all listed below and all I am requesting is to have this closed and removed immediately or I will be forced to take this up with the Credit Ombudsman and the Banking Ombudsman.
Here is an overview of the Act. Prescription Act 68 of 1969 ("the Act"), "debts" prescribe after a period of 3 years. In order to avoid losing the legal right to enforce a claim (payment of a "debt"), a creditor must interrupt prescription by instituting proceedings against a debtor before the end of the 3 year period. In terms of Section 12 of the Act, the 3 year prescription period is calculated, and begins to run, from the date on which the "debt" becomes "due". A "debt" in terms of the Act is only deemed to be due when a creditor has "knowledge" of both the identity of the debtor as well as of all the facts from which the "debt" arises.
