NIMBLE GROUP COLLECTIONS BULLIES OF NOTE

RECORDING OF FULL OUTSTANDING AMOUNT AS MONTHLY INSTALMENT ON A CEDED ACCOUNT ON CREDIT BEAUROS, CONSTITUTES, BULYING AND CONTRAVENTION OF MY CONSTITUTION RIGHT IN THE REPUBLIC OF SOUTH AFRICA: This is the worst debt collecting company and many South Africans need to wake up and realize their rights. The country and its citizens must know their rights. What nonsense is this. Look at the correspondence and tell me in any right mind if this makes sense.

Leonard Adams <***> Wed, Dec 11, 2024 at 12:24 PM To: "Jacky Julie (Lnk)" <***> Cc: "bureau (Lnk)" <***>, "tcf (lnk)" <***> Dear Jackie Julie-Summers,

Re: Non-Compliance with the NCR and Consumer Protection Act Regarding Account ***

I am writing to formally address several matters again regarding my account (as your response tiptoes around the law), which has been sold and ceded to Nimble Credit Solutions as we are now aware. Your correspondence dated December 11, 2024, has been received and carefully reviewed. Unfortunately, I find numerous inconsistencies and violations of the National Credit Act (NCA), 34 of 2005, the Consumer Protection Act (CPA), 68 of 2008, and the principles of fair reporting and credit management.

Below, I outline my grievances and expectations for resolution in strict alignment with the legal framework established to protect consumers like myself. Please note that my intent is to ensure compliance and fairness, as outlined in South African law, and not to allow practices that are contrary to these protections or how your company operates. Rightfully so, your terms and conditions should be aligned to the constitution of this country and your mandate as a company to comply with statutes.

1. Misrepresentation of Debt Reporting The listing of the total outstanding balance as the monthly installment on my credit profile is a blatant misrepresentation and contravenes the provisions of the National Credit Act:

Section 68(1) of the NCA: Credit providers must ensure that any information submitted to credit bureaus is accurate, up to date, and reflects the consumer's actual credit obligations. By listing the total outstanding balance as the installment, Nimble has provided misleading and inaccurate information to the credit bureaus. No creditor has a right to decide when they will update and why they will update my personal payment records. You are required to report exactly what i pay with each interval of payment and or reporting interval as per the burden and obligation you have to the law.

Section 3(d) of the NCA: The Act promotes a fair and non-discriminatory credit market. Misreporting the installment severely impairs my ability to access credit and violates my rights to fair treatment. This clearly shows how your organisation has put many vulnerable South Afrcans in compromising position merely because they dont understand the law. If this means i have to educate every person dealing with this i will ensure an influx of members of society to keep you to account.

The impact of this reporting has significantly harmed my credit profile, and I demand an immediate rectification. This includes:

Updating my credit profile to reflect the true monthly installment amount paid (R100.00). Which I initiated, paid online without speaking to any of your staff in spite of your bullying tactics.

Providing written confirmation to me and the NCR that this correction has been made.

Compensation for the reputational damage and financial prejudice caused by the period of misrepresentation.

2. Account Interaction Records As per Section 72 of the NCA, consumers have the right to access detailed records of their accounts and interactions with credit providers. Despite my previous requests, I have not received the following:

Call logs, dates, and the purpose of each call.

Copies of correspondence, notes, or account activity records. As these records pertain my personal information i hold as much right and expect you to comply once again with correct protocols.

Proof of service for the alleged summons issued in 2022.

I formally demand that Nimble provide these records within seven (7) calendar days, as is my right under the NCA.

3. Summons and Proof of Service The summons you referenced from 2022 appears to have been served improperly. According to your own records, it was delivered to a minor at my old residence. This is a clear violation of the rules of service as outlined in Rule 4(1)(a) of the Uniform Rules of Court. Proper service must ensure that the summons reaches the intended recipient in a manner that upholds their right to due process.

I request the following:

A copy of the summons and proof of proper service.

Evidence that due process was followed in issuing the summons.

If due process was not followed, I demand that Nimble nullify this action and issue a formal acknowledgment of the procedural failure.

I demand to know what the exact conditions were and terms of this debt ceding.

4. Call Recordings I note your statement that call recordings remain the property of Nimble Credit Solutions. However, under Section 72 of the NCA, I have the right to request access to all records pertaining to my account, including call recordings. I hereby request:

Full transcripts of all calls made to or from your office regarding this matter.

Recordings or transcripts to be delivered within seven (7) calendar days, as required by law.

5. Proposed Payment Arrangements While I have made an arrangement to pay R100.00 per month, I find your terms for adjusting the credit bureau listing unfair and inconsistent with Section 60 of the CPA, which mandates fair and just terms in any agreement:

Your proposal to adjust the credit bureau installment amount only after three consecutive payments is unreasonable and punitive.

The threat to update my profile with the full outstanding balance as the installment is disproportionate and amounts to coercion. ( have informed all your teams that i was unemployed and did not have means to a phone as we are all aware of events like the COVID-19 Pandemic which saw a massive increase in unemployment.

I am willing to continue honoring the payment arrangement of R100 Via debit order. However, I demand that the credit bureau installment amount be immediately corrected to reflect the current monthly installment of R100.00. Any future changes must comply with Section 52 of the CPA, which requires reasonable conduct and fair dealings.

6. Consumer Protection Act Compliance Under the CPA, I have the following rights that Nimble Credit Solutions must uphold:

Section 19(2): Consumers must not be subjected to unfair, unreasonable, or unjust contract terms. Your current practices violate this provision.

Section 21(1): Consumers have the right to be informed in a clear and understandable manner about their obligations and the status of their accounts. The lack of transparency in your communication constitutes a breach of this section.

7. Fair and Just Resolution To resolve this matter, I demand the following:

Immediate correction of my credit bureau listing to reflect the accurate installment amount.

Provision of all requested records, including call logs, call transcripts, and proof of service, within seven (7) calendar days.

An acknowledgment from Nimble Credit Solutions that their practices were not in compliance with the NCA and CPA, and a commitment to rectify these issues going forward.

A written apology for the harm caused by these actions and compensation for the financial and reputational damage suffered.

Conclusion As a consumer protected by the South African Constitution, the NCA, and the CPA, I am exercising my rights to demand fair treatment and accurate reporting. Failure to address these concerns will leave me with no choice but to escalate this matter to the National Credit Regulator (NCR) and the Consumer Goods and Services Ombud (CGSO) for further investigation and resolution.

The beauty of our sound constitution ensures that one action does not work on its own as all other regulations feed from the south african constitution. Attached i am refreshing you on the process of ceded accounts that does not indemnify you from conducting your business in line with the Law.

I look forward to your prompt response within seven (7) calendar days from the date of this letter. Should I not receive a satisfactory resolution, I will proceed with the necessary legal and regulatory actions.

Yours sincerely,

Leonard Adams Contact: *** / *** ID: ***

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