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Thread: Debt Collector chasing 9 year Old Debt

  1. #1
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    Debt Collector chasing 9 year Old Debt

    Hi

    I hope someone can give me clarity on this as I odnt seem to be getting anwhere with legal advice:
    1. I have a Clear ITC report (Credit Report) from 3 of the Top Credit Bureaus
    2. There is No Judgment on my Credit Profile
    3. A debt Collector contacted me 8 years after the debt and demanded Payment
    4. The debt Collector firstly cliamed they were collecting on behalf of ABSA
    5. When I advised them my Account with ABSA is 0.00 and they cant give me any documents or figures, they changed their comment to: We have bought over
    their debt and I now owe the original debt to the Debt Collector not ABSA
    6. When I asked for Papaerwork and Statements - they had none to give
    7. Debt Collector then got a CT Lawyer to send me an Email in which I was advised a default Judgement had been granted 9 years ago and on that they are
    cliaming the debt from me now
    8. I asked for documentation and got 1 Page from the lawyer: A case number with heading Application for Judgement - No paperwork attached statements or
    address where summons was issued (I have no knowledge of a jdgement taken by ABSA)
    9. I have 1 Page from the Attorney and on this Payment is Demended - I have no record on my credit profile of this Judgement - my credit profile is Clear

    My Questions are:

    1. Does the Debt Colleting Company have a legal claim on a 9 year old debt that ABSA have 0.00 balance on (it was not settled by me - I have liaised with
    them)
    2. Is the 1 Page Document that the Debt collecting Company have, Valid if it is an 'Application for Judgement' with a case number with a 'Clerk of the Court'
    Stamp on it. There is no detail of the debt on it (except for 1 Amount) and No Address where Summons was issued etc.
    3. Why is this Default Judgement not on my Credit Profile if it was not paid by me (ABSA cannot give me any information on this themselves)
    4. Can the Debt Collecting company demand payment for a default judgement 9 years old that is not recorded against me with the Credit Bureau?

    I dont know if anyone ca anaswer these questions but before I go to a lawyer and pay him for answers and advice, I thought Id try this forum.

    Thanks

  2. #2
    Diamond Member Blurock's Avatar
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    Sounds like a chancer. Tell them to fly a kite unless they can provide proof of the debt.

    If they do provide proof, make sure that they have the right person and not a namesake. It happened to me once, where someone with the same initials, but different names incurred a debt and they served a summons on me. Fortunately the attorneys concerned realised their mistake in time.
    Excellence is not a skill; its an attitude...

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    Diamond Member Vanash Naick's Avatar
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    Hi there,

    1. default judgement(aka judgement debts) are enforceable/collectable for 30 years(if the judgement has already being obtained, if not, you still have a chance to cancel the entire amount owed!!!. They only stay on itc for 5 years though and then are authomatically expunged.
    2. I offer a service of having prescribed debts legally cancelled by preparing a legal document for you based on the prescription act. In this case, if the matter is not yet on the court roll, and you do receive a summons , you can simply issue a notice of intention to defend, and when requests for plea arrive, you issue a 'special plea' prescribed debt. When you do appear in court, you submit the "legal doc" I prepared for you as proof that a claim for prescription was made.
    bishop.consultants@gmail.com

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    Site Caretaker Dave A's Avatar
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    What is the amount involved?

    My thought is as long as there isn't too much money involved and the judgement was taken at the magistrates court level - if a default judgement was really taken 9 years ago, was never resolved, and it's rearing its ugly head now, simply apply for the judgement to be rescinded.
    The trouble with opportunity is it normally comes dressed up as work.

  5. Thanks given for this post:

    Maryke (09-Jan-12)

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    Bronze Member Miro Bagrov's Avatar
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    They tried that non sense with my mom. She also told them to fly a kite.
    She had her file where the debt was 0. She didn't even fax it to them. She just told them to get lost. They did.

  7. Thanks given for this post:

    Maryke (09-Jan-12)

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    Full Member thinusmj's Avatar
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    The Prescription Act provides that the basic period of prescription shall be 30 years in respect of ‘any judgment debt’ and 3 years for ‘any other debt’. The Act further provides that ‘prescription shall commence to run afresh on the day on which the judgment of the court becomes executable’.

    One must bear in mind that prescription does not take place automatically!!!

    This topic has been discussed in a previous thread http://www.theforumsa.co.za/forums/s...ll=1#post59282

  9. Thank given for this post:

    Maryke (09-Jan-12), Miro Bagrov (07-Jan-12)

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