[Question] Nedbank claim to have a judgement against me.

[Seahorse]

I was harassed by debt collectors for payment of a Nedbank overdraft debt after pleading prescription they closed their files and handed the matter back to Nedbank. At no time during my communications with the debt collecting agencies was I informed that judgment had been taken by me.

I had moved residence so was unaware that a summons had been served.

After taking the matter over from the debt collection attorney Nedbank claimed to have a judgment against me granted in 2010 when I asked for the Court Order they sent a copy of the Request for Default Judgment stamped by the Clerk of the Court as proof. The Magistrates Court Act does not allow for Default Judgments to be granted in cases of debt falling under the NCA by clerks of the court, only a Magistrate has that authority.

I am now receiving 'copy & paste' threatening SMS's from NDCRS which vary from they will report me credit bureaus, please settle soonest, or that I may receive a visit from the Sherriff to serve papers etc.

How can I verify that Nedbank did, in fact, obtain a Judgement against me?

[PeterCarruthers]

Why not ask your local credit bureau for your annual free credit check. If Nedbank have taken a judgment it will be there. Judgments last for 30 years.

[Seahorse]

Thank you. None of my credit reports reflect a judgment against me. I have been informed that information relating to judgments are kept for only 5 years.

[PeterCarruthers]

The information relating to the judgements might be listed for just five years.

But the judgement itself lasts for 30 years. And that means that at any time it can be re-entered if one of the people chasing you want to pursue it that far. It may well be that they don't have access to those documents, however.

Very often what happens is that the bank will "sell" the debt to some enthusiastic hungry attorney who specialises in collecting "old" debts. They will pretend to be representing the bank when they are, in fact, just representing themselves. As long as they think there is a chance of collecting they will hound you. But it's not personal. For them it's just business.

Unfortunately, we are human, then we take this kind of thing rather personally. I can think of no better way to mess up somebody's Friday afternoon than to send them a demand for money at lunchtime. It might make sense to simply ask for them to prove that you owe them money. But otherwise, just ignore them. It is a pain in the bottom.

Obviously this does not constitute legal advice. Real lawyers do not use phrases like "pain in the bottom". At least not in writing.

If this really bothers you, however, it's absolutely worth investing in an appointment with an attorney to clarify exactly what your rights are and what you can get away with. And in your shoes I would do that if this persists to the point where it's messing up your life.

[Seahorse]

It is Nedbank themselves who are now 'hounding' me. Before then it was a debt collecting agency who NEVER mentioned any judgment and when I raised prescription closed their file. I have my doubts that judgment was ever granted against me in 2010 because a) my credit reports at that time did not reflect any judgment and b) when I asked for proof of judgement I was e-mailed their 'Request For Judgement' stamped by the clerk of the court not a magistrate. If jugement had been granted surely Nebank would have enforced it by obtaining a writ of execution?

[HR Solutions]

Debt is prescribed after 3 years if no contact has been made and has to be removed from the Credit Beureaus. Except Bond and tax related debts !

[Citizen X]

How can I verify that Nedbank did, in fact, obtain a Judgement against me?

The copy that they sent you will have a case number and name of court. You need to physically go to the court with the case number, and complete a form to draw the file. Once done, you can then make photo copies of whatever is in the file. If it has already being archived, you complete another form to request that the file be removed from archives

[Citizen X]

It is Nedbank themselves who are now 'hounding' me. Before then it was a debt collecting agency who NEVER mentioned any judgment and when I raised prescription closed their file. I have my doubts that judgment was ever granted against me in 2010 because a) my credit reports at that time did not reflect any judgment and b) when I asked for proof of judgement I was e-mailed their 'Request For Judgement' stamped by the clerk of the court not a magistrate. If jugement had been granted surely Nebank would have enforced it by obtaining a writ of execution?

Having a judgment doesn't mean that you don't have recourse to the courts, you can put in application to rescind judgment, provided that it was granted in your absence AND as at the time summons was sued out, you would have had a valid defence had you appeared in court in 2010. So if summons was issued on 15 March 2010, for instance, and you can show that as at this date the debt was prescribed, then you have a valid defence for rescission. So, you need to establish when summons was issued(date), as it is this date that interrupts prescription from running. Please bear in mind that you have 20 working days from the date that you became aware of the judgment to launch an application to rescind.

[HeleneAnderson]

Hi I have Nedbank sending me sms for debt that is older than 10years. I never had a Nedbank account and they can not provide me with a signed contract. where can I get the letter that was mentioned on the webpage for "Debt is prescribed after 3 years".
this debt does not show on my credit report either.

[GCE]

Hi

I had a similar problem with FNB - Was a debt collector - Never had an FNB account.
They had my surname and telephone number - I would not give them any information , like email etc
When I pressed them for addresses that the summons was supposedly sent to it was in a province that I have never visited , let alone stayed in.Later down the line the address changed to the same province but different town.
The ID number they had on record made my 10 years younger .

They seem to google a surname , pick up a telephone number and then hound you in the hope that you pay just to get rid of them- The amount was small.
After daily calls I lost my temper , spoke in tongues , was threaten with defamation by the operator and later the manager and them never heard from them again.

[PeterCarruthers]

Get an Attorney BEFORE you do anything

Hi Helene. Get an attorney right now, before you try to talk to Nedbank, before you do ANYTHING. The moment they know they're talking to a lawyer the game stops. If you make any concession, like giving them 1 cent to show you're acting in good faith - which is something they'll suggest -whatever debt there was is rejuvenated.

Did I already mention get an attorney.

Regards
Peter Carruthers