Final Demand – ******** Collection Activity, Credit Impairment, and Demand for Proof of Claim

Final Demand – ******** Collection Activity, Credit Impairment, and Demand for Proof of Claim

To: Legal Department – Vox Telecom CC: Vericredit / NuDebt / Stage Zero Collections

Dear Sir/Madam,

I refer to your continued collection attempts, and the involvement of Vericredit, Stage Zero and NuDebt. Take notice that I dispute the alleged indebtedness in full.

At the date of the termination of services, Vox Telecom was in fact indebted to me in the amount of R1,600.00, which was acknowledged in direct communication with your representative, Jonathan [Surname Known to You]. I hold documentary proof of this. You are therefore placing yourself in the position of attempting to collect a debt that is not due, which constitutes ******** collection activity.

Demand for Proof

In terms of section 129 and section 130 of the National Credit Act 34 of 2005, section 41 of the Consumer Protection Act 68 of 2008, and the common-law principles relating to loci standi and onus of proof, I hereby demand:

A full and itemised statement of account from inception to termination.

The original written agreement re**** upon for the alleged debt.

The lawful basis on which Vericredit / Stage Zero / NuDebt were furnished with or gained access to my personal information (POPIA compliance).

The written cession, mandate or compliance agreement authorising any third-party collector to act.

You have 24 hours from receipt of this email to provide the above documentation.

Harassment and Credit Impairment

Your continued calls, SMS messages, and threats are now causing measurable harm to my creditworthiness and professional reputation. The Constitutional Court in Le Roux v Dey 2011 (3) SA 274 (CC) affirmed that reputational damage and dignity infringement are actionable and compensable.

Further, the Supreme Court of Appeal has confirmed that ******** negative credit reporting constitutes a delictual harm capable of supporting damages: Khumalo v LexisNexis (Pty) Ltd and Others 2022 (1) SA 245 (SCA).

You are hereby placed on formal notice that continued harassment or failure to correct ******** adverse listings will constitute:

Defamation

Negligent and/or intentional impairment of dignity (injuria)

******** processing and dissemination of personal information (section 11 of POPIA)

Economic loss due to credit impairment (pure economic loss in delict)

Remedy Required

Within 24 hours:

Provide the documentation listed above; and

Confirm that all collection activity is immediately suspended pending dispute resolution; and

Confirm removal of any negative credit listing made by or on behalf of Vox Telecom.

Failing full compliance, I will institute High Court proceedings without further notice, seeking:

A declaratory order confirming the alleged debt is not owed,

A mandamus compelling removal of any adverse listing,

General and punitive damages for reputational and economic harm,

Costs on an attorney-and-client scale.

This is not a negotiation. This is a final demand.