1. Are debt collectors hounding you by post and/or telephone for debts older than 3 years?
2. Law students at an advanced stage of LLB studies have a legal way based on the law to have such debts cancelled!!!!!
3. You will be provided with a letter stating certain sections of a certain Act that you can either post, email or take personally to the debt collector or the creditor i.e. bank or store
4. The law offers you a duel guarantee a) The creditor is obligated by law to cancel the debt, b) The creditor does not cancel the debt but sends you summons, this very act will become your defence
Eg.On 1 August 2008 you entered into a cell phone contract with xyz cell phones. You pay until 1 July of 2009, and then for whatever reason, you stop paying, The creditor has from 1 July 2009 up to and including 1 July 2012 to collect this debt from you failing which the debt can be cancelled by following a specific legal procedure.
Invitation to take part in a survey: Fill in PDF questionnaire
1. Preliminary research that I have conducted has demonstrated that many people are unaware of their rights regarding extinctive prescription claims. I have also established that certain creditors don’t have policy documents on extinctive prescription. I further established that there is a great deal of uncertainty from both debtors and creditors as to how extinctive prescription should be claimed and whether there is a difference between an extinctive prescription claim and a special plea of prescription. There is also unpredictability as to how a creditor may respond to your your claim. It doesn’t help to have a law and that law doesn’t work!!!!!
2. 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 would like to take part in this survey, kindly send a blank email to vanash.naick@gmail.com with the subject survey. I will then send you a pdf fill in form, you select your answers, save it and then email as a pdf attachment to vanash.naick@gmail.com
This is a good cause!!!
Kind regards,
Vanash Naick
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