MRDP
Michelle Roma Du Plessis

1 reviews | Active since Nov 2020

26 Feb 2021, 10:08

Account is prescribed

To Whom It May Concern:

RE: *** / Account is prescribed

I, Michelle Roma Du Plessis, with I.D. ***, point and prove my defense of prescription towards my said account. It is no longer deemed to be active over three years. As per the correspondence received from SDK Attorneys, they have withdrawn the case.

Therefore, I point out the section extracted in the following words below to you:

As from 13 March 2015 a new section 126B was introduced into the National Credit Act 34 of 2005.

126B.(1)(a)No person may sell a debt under a credit agreement to which this Act applies and that has been extinguished by prescription under the Prescription Act, 1969 (Act No. 68 of 1969).

126B(1)(b)No person may continue the collection of, or re-activate a debt under a credit agreement to which this Act applies -

(i) which debt has been extinguished by prescription under the Prescription Act, 1969 (Act No. 68 of 1969); and

(ii) where the consumer raises the defence of prescription, or would reasonably have raised the defense of prescription had the consumer been aware of such a defense, in response to a demand, whether as part of legal proceedings or otherwise."

I instruct the account to be closed with no further proceedings by you, as the arrears have not been collected within three years since the last payment on your record.

Should I not hear from you within 7 days from this date of delivery of this content, I consider the case to be closed. Again I draw you to the clause (i) snd (ii).

Regards,

Michelle

0
Replies (2)
RCS
RCS's reply26 Feb 2021, 10:11
Official
Good day 

We herewith acknowledge receipt of your complaint.

We have escalated your complaint to the relevant department for further assistance.

Should you have any additional enquiries please do not hesitate to contact our Customer Service Department telephonically on ***or via e-mail: ***

Kind Regards

RCS Group

MRDP
Michelle Roma Du Plessis's update28 Feb 2021, 20:09
Reviewer Update
Good Evening, your collections agency may not collect prescribed debt on my account. I have reported you (RCS) to Credit Ombudsman as your automated emails were not thoroughly helpful. You will be responsible for your collections agency's costs, which we are not prepared to pay at all, because you knew that my account is now prescribed over three years, AND NOT WITHIN THREE YEARS backdated from 2017.