FLY BY NIGHT DEBT COLLECTOR HARRASSING ME!

<p> </p> <p>From: Itumeleng Sithole; Account number: N-109216, Matter Number: ********** , Creditor: SAYA / NASHUA MOBILE (PTY) LTD DORMANT ACCOUNT, Debtor: FRANS KEKANA F M MR</p> <p> </p> <p><br />Inbox <br />x</p> <p> </p> <p> </p> <p> </p> <p> </p> <p> </p> <p> </p> <p> </p> <p> </p> ********** <p>From: Itumeleng Sithole Good day Mr Kekana Please contact Saya Recoveries on ... <br /> <br />Attachments18:43 (6 hours ago)</p> <p> </p> <p> </p> <p> </p> <p> </p> <p>There is this johnny come lately company called Saya Revoveries that has been harrassing me and my wife calling about them being instructed by Nashua mobile to recover a debt that i allegelly owe since late to early 2000 due to a cellphone contract i had with nashua. This was done through my debit order and was paid up and never got any communication with Nashua nor Saya between 1999 till two years ago when i was told i have to negotiate how to pay the debt I owe Nashua. I had lots of assets i bought on credit/higher purchase and was never blacklisted as owing NAshua. Now this young desperate boys frequently call me and forces me to talk with them or accept I owe nashua. i have on many occassions insisted that they must sent me legal documents to that effect and it has never happend and I told them never to call me or my wife as they do if they cant go through to me. i want the debt collectors association and the Ombudsman and my lawyers to deal with matter and expose the business practice of this ************ company and let the court decide! </p> <p> I rep**** to the email written by Itumeleng Sithole and copied all the above persons and organisations for their response including the NCR.</p> <p> Itumeleng Sithole,</p> <p>I want to repeat what I have been saying that I owe no one called Nashua Mobile and have not and will not acknowledge such debt or your irritating,disrespectful attitude of you and your "company". I do not have a Nashua account as you claim.</p> <p>It is ******* IN TERMS OF NATIONAL CREDIT ACT,AS AMENDED TO DEMAND OR COLLECT DEBT DEEMED PRESICRIBED BY LAW.</p> <p> </p> <p><br />Last time I said go and read the law and then we can go further and meet in court as I</p> <p>will NEVER pay or CALL YOU? I FURTTHER INSTRUCTED YOUR COMPANY REPS IN THE PAST TWO YEARS TO SEND PROOF OF EVIDENCE OF THIS INTEAD YOU ALL THEY DO INCLUDING YOU IS TO WANT TO NEGOTIATE! HOW DO I NEGOTIATE SOMETHING I DONT KNOW ABOUT OR ACKNOWLEDGE?</p> <p>GO TRY YOU LUCK SOMEWHERE ELSE OR I WILL SUE YOU AND THE"TROUBLED NASHUA MOBILE!</p> <p>Let me educate you and your bosses about prescribed debt:</p> <p><br />What does prescription mean?<br />•The Prescription Act 68 of 1969 (“PA”) says it means a debt (for example payment of money) is extinguished after the lapse (passing) of a time period.<br />•South Africa has different laws which specify time periods, for example the PA says contractual and delictual debts extinguish after 3 years from when prescription starts.<br />•Prescription may be delayed or interrupted.</p> <p>What are the consequences of an extinguished debt?<br />•The debtor is not liable to the creditor for a debt after the time period has lapsed.<br />•The creditor may not institute legal action against the debtor for a debt.</p> <p>When does prescription start?<br />•As soon as the debt is due (a debt is due once the creditor can identify the debtor and the facts from which the debt arises).<br />•If the debtor prevents the creditor from gaining knowledge of the debt (excluding debts arising from agreements) prescription runs from when the creditor has knowledge of the existence of the debt.</p> <p>When will prescription be delayed? <br />•Prescription will be delayed it two facts exist.<br />•Firstly, one of the following impediments must exist, when the:<br />◦creditor is a minor, insane, or under curatorship;<br />◦debtor is outside the Republic of South Africa;<br />◦creditor and the debtor are married to each other;<br />◦creditor and the debtor are partners and the debt arose from a partnership agreement;<br />◦debtor is a member of the governing body of the juristic person (who is the creditor);<br />◦debt is the object of a dispute in arbitration; or<br />◦executor of a deceased estate has not yet been appointed.<br />•Secondly, the impediment must stop within 1 year before the date of prescription should have been completed in order for prescription to be delayed and 1 year added on. For example: a debt is due on 1 January 2008. The period of prescription is 3 years. Prescription should be completed by 1 January 2011. On 1 January 2009 (after prescription has run for 1 year) the debtor:<br />◦leaves South Africa for 6 months (he returns 1 July 2009). Prescription will be completed on 1 January 2011 (the debtor’s absence from the Republic exceeds a year before prescription is due to be completed) (option A); or<br />◦leaves South Africa for 18 months (he returns 1 July 2010). Prescription will be completed on 1 July 2011 (the debtor’s absence from the Republic was less than a year before prescription was due to be completed, so 1 year of prescription is given to the debtor from the date the impediment stops) (option B).</p> <p>When is prescription interrupted?<br />•The running of prescription is interrupted by:<br />◦acknowledgment of liability by the debtor; or<br />◦a service of a process on the debtor, where the creditor claims payment of the debt (for example, a letter of demand or summons).</p> <p>Prescription runs for a time period:</p> <p><br />time period before a debt is extinguished<br /> <br />description of debt to be extinguished<br /> <br />30 years <br />A:<br />•debt secured by mortgage bond;<br />•judgment debt (given by the courts);<br />•debt for tax; or<br />•debt owed to the State for profits relating to substances (such as mine minerals).</p> <p>15 years<br /> •A debt owed to the State for a loan of money, or sale or lease of land by the State to the debtor.</p> <p>6 years<br /> •A debt relating to a cheque.</p> <p>3 years<br /> •Delictual debts (unless the claim is a contribution for the apportionment of damages – then it is reduced to 1 year); and<br />•contractual debts.<br />•This includes actions against State Organs.</p> <p>3 months<br /> •For a claim against an attorney for loss due to theft by attorney.<br />•Calculated from the date of becoming aware of the theft.</p> <p>12 months<br /> •Claims for compensation for injuries sustained in the course of employment.</p> <p>Owner / driver identified:<br /> 3 years<br /> 2 years</p> <p> </p> <p>Owner / driver not identified:<br /> 2 years<br /> 3 years<br /> •To lodge a claim with the Road Accident Fund.<br />•To issue summons against the Road Accident Fund after lodging a complaint<br />•= 5 years in total.</p> <p><br />•To lodge a claim with the Road Accident Fund.<br />•To issue summons against Road Accident Fund after lodging a claim<br />•= 5 years in total.</p> <p> </p> <p> </p>