Summons after debt prescribed - Threats of judgement

[NickyJ]

Hello there,

I acquired a credit card with Kulula back in 2005/2006 when my ex-husband was remodeling our house. We split in January 2008, and as per our divorce agreement he had to give me the money to pay the debt. This never happened, and i was not in the position to pay anything on this account. So as far as I can remember no payment has been made on this account since January 2008. I received a summons today from a debt collector attorney firm with the date stamp June 2011. They also forced a debit order on my cheque account for this debt. This has surely prescribed? Also, this summons has not appeared on any credit record in the last 3 years. I bought a car last year, my employer did 2 credit checks in 2012 before appointing me. I am at my wits end as my current position requires a clear record, and I would more than likely be fired if the summons is legitimate...

[saxophone]

In principle a debt prescribes 3 years after it became due
However each case depends on the circumstances
Have you used the credit card since 2008?

[Houses4Rent]

They also forced a debit order on my cheque account for this debt. .

Sounds fishy or have you ever signed anything to allow that?

[Justloadit]

Permission is required from you to allow a debit order on your account. If one has happened go to the bank and get the bank to reverse it.

Open another bank account and close the current one if it persists.

Allowing the Debit order to go through may constitute acceptance of the debt, maybe some of our other members will be able to give a more clear answer.

[Dave A]

After so recently dealing with Vodacom's fine print in their surety agreement which includes a waiver of the right to claim prescription, there is the issue of what you might have signed when you got the card.

However, I'd suggest claim prescription and at the very least, the onus then falls on the creditor to counter your claim.

Based on something I read recently (and for the life of me I can't lay my hands on it right now) you may have up to 40 days to have the debit order reversed, but I wouldn't delay in getting that mission accomplished. Letting it stand would likely complicate things.

[Houses4Rent]

I agree, reverse the DO and close the account if need be.
My agent is battling with unauthorized DO's since more than 2 years (Standard Bank). The account number was a recycled one an old stuff from previous account holder keeps coming up. Worst is the bank fails to fix it for good.

[NickyJ]

Thank you everyone.

I haven't used the card at all since then, I did request the date of last payment prior to the forced debit though. I never signed any AoD or agreement wrt this debt. My cheque account is with FNB, I phoned them on the day the debit order went off, they said because Kulula is part of FNB they have the right to deduct for outstandings from my cheque account (the way they deduct payment for your linked credit card sometimes). They have on voicelog that I did not agree to this and want it reversed. What confuses me the most is that the summons should have appeared on a credit check somewhere, but this is the first I have heard of it.

Is there statute of limitations on a summons? It's been over 3 years since the date on the summons, there has been no judgement or communication, and now it suddenly pops up?

[NickyJ]

UPDATE: I requested date of last payment before the debit order from the firm - they can only supply me with a statement from the date the file was given to them, which was 25 Jan 2010. I asked same from the bank itself, they said they cannot give me that info as the account is with the lawyers, I must speak to the firm. So I am going to claim prescription and see where it goes?

[NickyJ]

FINAL UPDATE: Hi everyone, I laid a complaint with RB Jacobs from FNB after seeing numerous complaints about this firm for issuing summonses and forcing debit orders after prescription. They did their own investigation and I was informed this morning that the debit orders will be refunded and that the attorneys were instructed to close their file. Thank you for your assistance, it is appreciated.

[Houses4Rent]

As I thought, very smelly...