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Thread: Unfair credit bureau listing

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    Unfair credit bureau listing

    Can someone please assist me on this matter; advise. I have consulted with a Doctor on the 28 February 2011 and on the 28 April 2011 I received a call from the Doctor alleging that I owed him R381.04, which my medical aid did not pay. I then requested that an invoice for this amount which I never received until I learned on December 2011 that my account was handed to attorneys. When I called these attorneys they send me an invoice now amounting to R1800. I disputed this amount and only deposited R 381.04 and faxed the proof of payment. Now l learned that on the 07 December 2012 that I was listed at Credit bureau by the attorneys representing the Doctor. I then lodged a complaint with Credit ombudsman on the grounds which judgement was handed against my name without proper procedures being followed and requested that there be rescission of judgment.
    On the 03 July 2012 I was served with a section 65 (A) 1 notice to appear in court on the 19 July 20012. Just a day before I could go to court called my medical aid and I was shocked to learn that in fact my medical aid had settled this amount on 15 April 2011 (46 days after my consultation). Now on the 19 July 2012 I went to court to show the proof of payment and my deposit slip for the 5 June 2012. Then the case was postponed to 17 August 2012.

    What happens in this case? This is clearly unfair. Can take any civil action against this institution? Can someone advise on this matter?

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    Diamond Member Vanash Naick's Avatar
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    Hi there,

    If you follow this url(a TFSA url), it should take you to a page that includes a pdf attachment with step by step instructions on how to challenge that listing! Let me know if it helps?
    http://www.theforumsa.co.za/blogs/en...a-special-plea

    Vanash
    “The philosophers have only interpreted the world, in various ways. The point, however, is to change it.” Karl Marx
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    Thanks,
    I will have look and sure will comeback to you

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    Gold Member IMHO's Avatar
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    Vanash, what you refer to, deals with prescription of debt. I fail to see how it is applicable to jeriel01's case?
    ~Expenses will eat you alive! - My first Boss~

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    Diamond Member Vanash Naick's Avatar
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    Quote Originally Posted by IMHO View Post
    Vanash, what you refer to, deals with prescription of debt. I fail to see how it is applicable to jeriel01's case?
    A very good afternoon to you IMHO,
    I attached a PDF document that deals very specifically with how one goes about challenging a credit bureau listing, the legal listing periods, the requirements that a creditor must comply with before listing and various remedies and avenues available for an aggrieved party
    “The philosophers have only interpreted the world, in various ways. The point, however, is to change it.” Karl Marx
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    Thank you very very much Vanash !!
    I am quite impressed by this information. But just taking this from another direction; if the normal procedures for listing a person at itc were not followed and as a result I have suffered finical loss is it possible to sue the institution that have unfairly list me??. For example before I knew that I was listed I attended an auction and paid the deposit. Now I bided for a car thinking that I will finance the balance through a loan only to find out that I do not qualify for finance hence I lost my deposit.

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    Diamond Member Blurock's Avatar
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    It appears as if the doctor's accounting was not up to date and that he had made an error. The attorney may also have been at fault in the way that they handled the matter. Just make absolutely sure of your facts and figures and get proof of payment from the medical aid. A letter of confirmation of payment from the medical aid will do no harm.

    As long as you can prove your facts in court, you should have no problem.
    Excellence is not a skill; its an attitude...

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    Thanks,

    I have already in my possession the proof of payment from the medical aid and like I mentioned I have deposited another R308.04 in the attorneys account. Now I just forgot to mention that I dive attorneys an instruction when I served with section 65 (garnishee) order to interdict this order but I need to get views if it does worth it to pursue civil action against this institution.

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    Diamond Member Blurock's Avatar
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    Quote Originally Posted by jeriel01 View Post
    I need to get views if it does worth it to pursue civil action against this institution.
    Unfortunately your legal cost will be much much higher that the amount in question.
    Excellence is not a skill; its an attitude...

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