1 reviews | Active since Oct 2012
******** Debt Review Application
Dear Sir/Madam,
I write to formally dispute the debt review application submitted by your office on behalf of Mr. Meyer.
Please be advised of the following:
1. Mr. Meyer (ID: ***) is married in community of property (COP). In terms of South African law and the National Credit Act 34 of 2005 (NCA), any debt review application involving a party married in COP requires the written and signed consent of both spouses. This is because both parties share a joint estate. The absence of such consent renders the debt review application ******** and invalid. Please provide proof of wife's (ATC Meyer) consent to the application
2. No spousal consent was given. At no point did Mr. Meyer's spouse sign or consent to the debt review application. This means your office initiated and processed the matter without the legal authority to do so, which is a direct contravention of the NCA.
3. Your request for a cancellation fee is rejected and hereby urge you to refund the paid amount. You are now attempting to charge a cancellation fee on an application that was never legally valid to begin with. Unless there is a valid, signed service agreement which includes such a provision—and was signed by both spouses—you are not entitled to any cancellation fee. Furthermore, imposing such a fee under these circumstances may constitute ********* conduct and be actionable by the National Credit Regulator (NCR).
4. Court documents and procedure: Any debt review that is submitted to a Magistrate’s Court or the National Consumer Tribunal must be accompanied by proper documentation, which must be signed and served in accordance with legal procedures. Please provide proof of all such documentation, including signed consent and confirmation of court submissions, if any.
Given the above, I consider the debt review application to be *****ulent in its current form, and I intend to escalate this matter to the NCR for investigation. Your failure to follow proper legal procedure and obtain the required consents before proceeding is unacceptable.
Immediate Action Required:
Please provide all documentation signed by Mr. Meyer and his spouse Mrs. ATC Meyer
Confirm the immediate cancellation of this invalid application.
Refrain from further communication demanding fees or pursuing debt review actions.
Should you fail to respond appropriately within 24 Hours, I will proceed to lodge a formal complaint with the National Credit Regulator and pursue any other remedies available in law.
Sincerely, A Meyer
