View RSS Feed

Vanash Naick

Debt: How to claim prescription in practice and how to enter a special plea

Rating: 29 votes, 5.00 average.
Quote Originally Posted by Vanash Naick View Post
Hi Guys,
1. I have resolved to make one post that is not theoretical but rather very practical and that will answer every single question you could possibly have on the Prescription Act 68 of 1969, claiming prescription in practice, entering a special plea of prescription and proving that you’ve claimed prescription
2. Find attached 5 documents, a FAQ doc, an example of a prescription claim letter, an example of a summons, an example of a special plea for prescription; and an affidavit(to prove that you’ve claimed prescription). In all cases modify these documents to cater for your individual case and details etc;
3. Let’s assume that a creditor/debt collector/ attorney contacts you to demand payment for a debt that is indeed prescribed(this letter is for debts that prescribe after 3 years! See FAQ for more information!), then do the following:-
3.1. Modify the attached prescription claim letter to include your individual details, send this letter as an email attachment to the creditor/attorney or debt collector, also send this letter by registered post(keep the slip!!);
3.2. If the creditor refuses to acknowledge the prescription claim, complete an affidavit to that effect and keep for your records. This will prove beneficial if the creditor still pursues the matter to court
How to enter a special plea of Prescription

1. Regardless of whether you receive an ordinary summons or combined summons you still need to enter a notice of intention to defend with the clerk of courts and the plaintiff’s attorney;

2. A special plea is called “a plea in abatement” which quite essentially destroys the entire action, here you not denying that the debt existed and that you did once upon a time in fairy land owed that money but merely that the debt is prescribed, the plaintiff has no cause of action! So use the attached ‘precedant,’(form) and modify it to your individual circumstances. You file this with the clerk of courts and the plaintiff’s attorneys

The magistrates court rules has undergone some major revamping in the past 3 years so be very careful about what you “google”. What I am providing you with is accurate and up to date as at today’s date.
The plaintiff can either sue out combined summons or summons in respect of debt claims. In either case you still need to file a notice of intention to defend!
What was previously known as , “summons commencing ordinary action,” has been replaced by “summons: claims in respect of debt or liquidated demand.

Happy hunting! Take on Steve from XYZ bank, enforce your rights, the fact is that when the law is on Steve from xyz bank’s side Steve pursues you vigorously and without mercy. Steve from xyz bank don’t care whether you live or die!! So don’t let your rights be infringed and remember: “The biggest man you ever gonna see was once a baby!” Bob Marley

Steve from xyz bank may be a very, very big tree BUT, “ If you are a big, big tree, we are a small axe, ready to cut you down, sharpened to cut you down!” Bob Marley

Steve from xyz bank may be a giant BUT David slew Goliath with a sling and a stone. Steve from xyz bank may be a huge army BUT Samson slew the philistines with a donkey’s jaw bone!! He said, Today, I made a donkey of you with a donkey’s jaw bone.”

Submit "Debt: How to claim prescription in practice and how to enter a special plea" to Digg Submit "Debt: How to claim prescription in practice and how to enter a special plea" to Submit "Debt: How to claim prescription in practice and how to enter a special plea" to StumbleUpon Submit "Debt: How to claim prescription in practice and how to enter a special plea" to Google Submit "Debt: How to claim prescription in practice and how to enter a special plea" to muti Submit "Debt: How to claim prescription in practice and how to enter a special plea" to Laaikit Submit "Debt: How to claim prescription in practice and how to enter a special plea" to My Yahoo!

Updated 23-Aug-12 at 04:10 PM by Dave A



Page 1 of 2 12 LastLast
  1. Modise's Avatar

    I would like to thank Vanash for assisting me with claiming for prescription. Vanash managed to clear the 3 defaults that appeared on my credit profile. The whole process only took a week for the debt collectors to aknowledge and send confirmation in writing on their letterheads that the debts have indeed prescribed. This is a private matter but felt that I needed to share with you all.

    Knowledge is power.
  2. Salome Pitswane's Avatar
    Thank you for the great service. I'm still pinching myself, checking im not dreaming. All 3 debts are buried after many years of failure. You did this in 3 days max! my credit record is now clean.
  3. BusNavig8's Avatar
    Vanash, this would be most INVALUABLE to most people. I thank you for posting this because I know how many people are in need of such information. Thank you for thinking of them
  4. Willie0100's Avatar
    Hi Vanash, This is amazing I never thought it could be done yet you did it well done. Also once again thank you for assisting me with the prescription claim I can now continue my life. I will most certainly use your name as reference to anyone I know with a similar problem thank you so much for helping.
  5. Vanash Naick's Avatar
    How to challenge listing on credit bureaus, on what grounds to challenge such listings and the new retention periods
    Dear Rocktheboat ,
    I think the email I sent you earlier today clarifies your legal position adequately! I think many other people may face a similar predicament so I've decided to post some more information. It was too lenghty to be included here so I added this attachment.....

    How to challenge credit bureau listings in practice!.pdf
    Updated 17-Jun-12 at 12:27 PM by Dave A
  6. Vanash Naick's Avatar
    An impassioned plea: a questionnaire survey: Rationale amend the Prescription Act 68 of 1969
    1. I have made this plea before on TFSA, on howzit online and South African Classified online. The response was overwhelming to say the very least. I received 3086 completed questionnaires to date!
    2. In short the Prescription Act 68 of 1968(section 11{d}) provides that certain debts prescribe after 3 years has elapsed from the date of the last payment provided that no acknowledgement of debt or payment has been made in this 3 year period. If one interprets this, it simply means that a debtor should with great ease, telephonically or writing claim extinctive prescription themselves without paying anyone to do so for them and that the creditor should acknowledge in writing on a signed letterhead that the debt is prescribed and that the claim is abandoned;
    3. I have conducted survey with 3086 people.I want 1000 more!!! All had no knowledge of the prescription act, all found out at a later stage about prescription from the internet, all 3086 people tried themselves to claim prescription from the creditor but the creditor either failed, refused or neglected to process their claim and still pursued them legally!
    4. I believe that a section should be added to that act which places a lawful obligation on the creditor to process a debtors prescription even where the debtor has done so telephonically and confirm the same in writing.
    If you want to participate simply send a blank email with the subject questionnaire to and I will send you an interactive fill in questionnaire, you simply select predetermined answers, save the pdf form and email back

    This is a good cause!!!!
    Updated 14-Jul-12 at 08:42 PM by Vanash Naick
  7. billm's Avatar
    Vanesh it gives me great pleasure to comment on your blog.Thanks for handling my presciption claim so professionally and efiiciently.In a matter of days you were able to sort out my claim and get it in writing.I cannot thank you enough.Your knowledge on the subject is invaluable ......
  8. Vanash Naick's Avatar
    A very good evening to you Bill!
    Many thanks indeed for your very kind feedback! It's feedback such as this that keeps me motivated! 'It's more blessed to give than to receive,"
  9. psychocrackpot's Avatar
    V Naick solved an issue I was dealing with in 6 days! Something I had been fighting for at least 5 years! Brilliant work. The incredible knowledge they possess and will readily share is fantastic. Professional service and kept me informed every step of the way. Thank you guys!
    Updated 11-Oct-12 at 08:39 PM by Vanash Naick
  10. Vanash Naick's Avatar
    A reintroduction to extinctive prescription
    The case for extinctive prescription claims in South Africa
    I have resolved to reintroduce extinctive prescription in an academically acceptable manner. To do so , one would have to have a source of references and some form of table of contents.
    References: I will cite a full source of references at the end of this topic, it won’t be anything soon! In the interim, I’ve resolved to using footnotes to cite references.
    Table of contents: I do have a table of contents, but it won’t be possible to include page numbers for the purpose of these posts, but you may accept that posts will follow the table of contents.
    Posts in stages: I will make posts in stages, and number them i.e.
    For more go to:
  11. Willie0100's Avatar
    Vanash, apart from prescriptions you have helped me with a very different issue. I would like to thank you for the help and the way you managed to turn things around from 50-50 split to a whooping 75-25 split. I cannot believe your skills in law and my whole family thanking you for the professionalism way you have handled the case. Having it all sorted in a limited time without even having to go to court. In my opinion I would refer your services to anyone for the best results money can buy. And again I have approached you with again a different matter of a far less seriousness to it thinking, "he won't do this its common and totally a waste of his time". "No Sir" not for Vanash. Although still on leave you are more than willing and fully prepared to take on yet another task for me. To all subscribers of TFSA.....Vanash Naick "ROCKS". Thank you so much for everything you do for me and others who needed your assistance.
  12. Vanash Naick's Avatar
    Good afternoon Willie,

    I'm so very sincerely moved by your heart felt comments! It is I who am pleased that I could help!
    My philosophy remains " If you are a big, big tree, I am a small axe, ready to cut you down, sharpened to chop you down," and " The biggest man you ever gonna see, was once a little baby!"
  13. SLV's Avatar

    Where to start?

    I was so despondent about finding a trace on my credit report. How did I find out it was there? I applied for financing for a new car and was denied. So many hopes and dreams were being affected (I thought shattered).

    I then found your posts here on TFSA about prescription debt. I contacted you with a few questions that I was still unsure of after reading all you had already shared on this matter. You were so friendly and helpful, and you gave me the information I needed.

    I felt it was best if you took the reigns and handled my prescription claim for me, especially as I needed it resolved quickly so that I can reapply for financing.

    And resolve it quickly you most certainly did! I was still trying to process what you had told me, and what you had suggested. I was feeling really good about having you handle my prescription claim on my behalf, and trying to calm myself to not get too excited about the outcome or when to expect an outcome. Especially with Christmas and New Year's right around the corner.

    Next thing I know... you're phoning me to tell me it is all resolved, and that the written confirmation is on it's way!!! WAIT! What? Didn't we just start this, and now you're telling me the whole thing is over? I'm still in shock that you resolved this as fast as you did.

    Vanash, you are so good at what you do! Not only because of your vast knowledge, but your amazing attitude and demeanor. You made me feel comfortable from the very moment I read your reply to my first email. You were very forthright (and knowledgeable) with your answers, but in such a friendly and calming manner it felt like a good friend was giving me advice.

    I wish you every success! And while this experience with you has been a real blessing, I hope I never need your assistance again.

    Thank you again!!!
  14. Vanash Naick's Avatar
    Happy to be of service Madam
    Compliments are always welcomeAND gratiously accepted!
    I'm glad that I can make some little difference in another person's life! I strive to remain humble and never let damaging ego get the better of me! I try and keep this in check. We are after all only human, no one is irreplaceable!
    I sincerely wish you everything of the best going forward...
    Kind regards,
  15. Vanash Naick's Avatar
    The special plea of prescription. If you've received a summons for an old debt, you can successfully destroy the entire action by means of a special plea. You can defend yourself!
  16. Vanash Naick's Avatar
    Research on extinctive prescription will be an on-going task. Please continue to send your completed questionnaires to
  17. Vanash Naick's Avatar
    Quote Originally Posted by Africanrose
    Vanash I need to thank you publicly. I have been walking around with a specific debt burden for over 11 years and nothing I have done has been able to resolve things. I truly felt that I had become a victim of the unscrupulous business practises of the debt collectors and that unless I had money to seek legal advice ( which I did not) that I would carry this burden forever. In one week your advice and assitance has seen the matters closed and I truly feel that someone listened to me, understood and assisted me. My burden has been lifted and for the first time in avery long time, I feel I can move forward and leave the past behind me. Thank you so very much
    Many thanks indeed Madam
    It was my sheer pleasure to be of service to you!

  18. Vanash Naick's Avatar
    Frequently asked question(In a scenario):

    I have just received a summons, this after having received a final letter of demand. The summons calls upon me to either appearance an appearance or consent to judgment . This matter related to a prescribed debt, a debt which is order than three(3) years, calculated as such from the date of the last payment. For whatever reason you ignored the demand letter, but summons has just been served, you have a deadline within which to file certain documents(pleadings).

    You can do one of three things:

    1. Defend your-self on the matter by entering a notice of intention to defend, drafting a plea on merits as well as a special plea of prescription in the prescribed manner. This entails serving these documents to both the plaintiff and the clerk of courts. With this pleading(plea on merits and special plea of prescription), your pleading has the intense power of destroying the entire action!(If you just ignore this, you give the creditor an opportunity to obtain default judgment upon yourself
    2. Instruct an attorney either privately recruited, at a University Law Clinic or at the Legal Aid Board to enter an appearance, plea, and special plea on your behalf;
    3. If you don’t want to go this route but are really serious about your matter, then, you can simply instruct an attorney to specifically draw up your pleadings(both plea on merits and special plea of prescription), you then only have to serve it on the plaintiff and clerk of courts;
    4. Once you get a ‘notice of set down(date of trial),’even though in the vast majority of cases the plaintiff withdraws immediately upon seeing your pleadings!!!! So you save this way as you only instructing an attorney to do something very specific for you i.e. plea on merits and special plea of prescription.

    Quantitative research Extinctive prescription invite:

    If you care to take part in a survey, please send a blank email to
  19. Vanash Naick's Avatar
    LegalWise assists you with drafting a letter in which prescription is claimed. So, if you have a LegalWise policy, it will prove to be very beneficial to you with matters regarding prescription

    “How can LegalWise assist you?
    LegalWise can assist you with the following:

    · write a letter to your creditor stating that prescription has lapsed, been delayed or interrupted; and
    · calculate your prescription period for you.”[1]

    [1] LegalWise: Accessed 20 January 2014
  20. Vanash Naick's Avatar
    Sale of prescribed debt prohibited; collection of prescribed debt prohibited

    The National Credit Amendment Bill 19 of 2014 has been signed into law.
    Seeing that I don’t ‘google’ my Legislation or Bill[I obtain them from official sites/sources], I’m confident that the following is highly accurate:

    126B.Application of prescription on debt
    (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).
    (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 defence of prescription had the consumer been aware of such a defence, in response to a demand, whether as part of legal proceedings or
    [Proposed amendment: S. 126B to be inserted by s. 31 of Act 19/2014 w.e.f. a date to be proclaimed]

    It’s this last part of section 126B that I need to look into:
    [Proposed amendment: S. 126B to be inserted by s. 31 of Act 19/2014 w.e.f. a date to be proclaimed]

    It's the 'with effect from a date to be proclaimed,' that I'm looking into. Has section 126B taken effect? If so when? If not when?
    Updated 23-Oct-14 at 06:42 AM by Vanash Naick
Page 1 of 2 12 LastLast


Total Trackbacks 0
Trackback URL: