Debt: Legally cancelling a debt over 3 years old

[Citizen X]

Vanash, this is just a note to thank you publically for all the work that you have done, and are still doing, especially with reference to this thread.
You are a man who walks his talk, and I have great respect for that.
I salute you!

A very good evening to you Carina,
Your kind compliment is graciously accepted! A compliment is always welcomed but when it comes from a sexy and classy lady such as yourself, well then it’s exceptionally welcomed!!
Carina, tell me how right I am: I’m willing to bet money that back in the day and even now you know how to do your thing to an up tempo dance tune on the dance floor? I was listening to what was a coming of age song for me in 1990, Kylie Minogue’s ‘Better the devil you know,’ a music video in which both Kylie and Dannii Minogue feature doing some exquisite dance moves. I’m pretty sure you have that same aura??? So I dedicate this song and in particular the energy in, it to you, as you manifest that energy!!…(dedication innocently intended)Check out this link..

http://www.theforumsa.co.za/forums/showthread.php/11138-Old-school-music-is-cool!/page47

@#464

[ians]

I wish someone would advise , this bunch of (i actually dont have a word to describe them) that surely if you have an outstanding TV license of R4800 which is older than 12 years they actually dont have a claim, never mind the fact that i also have a certified document from the police indicating that i have not owned a TV for more than 15 years.

I contacted them and asked to speak to a lawyer and indicated that i wanted to sue a company for outstanding debts, they put me thorugh to a lawyer, i explained my situation as if a company owed me the money. When i told the lawyer that the money was outstanding since 1998, she told me i had no claim, when i asked then why their firm was harrassing me for a so called debt which was so old she started screaming and swearing at me on the telephone, i just put the phone down and will try again when she calms down. I dont appreciate being sworn at in that manner. Maybe next time i will try a different attorney and ask him the same question, see what his reaction will be.

A tip for anyone else being harrassed by these people dont go to the call centre request to speak to one of their attorneys and dont tell them you have a reference number. If they want to waste your time dont hesitate to waste their time.

I dont understand why legal action has not been taken against this firm, it is a disgrace the manner in which they operate.

http://hellopeter.com/shapiro-shaik-defries-associates/compliments-and-complaints

[IMHO]

[QUOTE=Vanash Naick;84624] I doubt very much though that you have received a summons, I suspect that you have received a final demand letter(Can you clarify)

You are right. Pdf at this link

https://docs.google.com/file/d/0B7wyzSIWTUvaMmlLc29VYVJlMHM/edit

How does this change your instructions, if at all?

[IMHO]

I just noticed that the address they have for the CC on the letter is totally unknown to me. Must be the address of the original owner of the shelf CC I bought. Telkom definitely had the address where I still am.

What is the chances that this is a scam from someone having access to old Telkom data?

[Darkangelyaya]

I graciously accept the dedication, however, I will refrain from commenting on my aura or the lack of it... although I do love dancing. The energy is also absolutely welcome.

[Darkangelyaya]

Sigh, you've done so much to make this a piece of cake for us, but I still feel swamped.
Maybe there is an employment opportunity for someone in this forum to use your methods, and help all of us out with prescribed debt. I know I have a pile to finish off, and I just don't have the energy these days to get to it. And I realize that I will feel better once these fish-moths are out of the way; I believe they drain our energy with their pure negativity.
Come on, someone out there wanna do some work? Vanash has laid down all the ground rules... I'm sure there is an opportunity here.

[IMHO]

The more I think about it, the more I think it is a scam.

The lady that phoned me went to great lengths to make me think this is serious and that the call is recorded.
Luckily she did not ask for identification to make sure it is me, by asking my id number, as I would have given it! As well as address and the usual 20 questions. Lesson learned, if they phone me, I will not give such info!
The lady undertook to send me details of the issue, which she blatantly disregarded in the mail. The mail just had her contact details and the pdf attachment, nothing else, not even anything about the phone call.
She could not give me any detail on the phone, not even a date and kept on saying she will take it up with the client.

The letter sounds like they just want you to admit something, to then make a case of it.

The emphasis is on signing a debit order to pay the amount off and to get a mandate out of me. That in itself seems odd?

I smell a rat....

Edit. And why will Telkom pursue such an old query that was sorted out years ago? They must be aware that it has expired?

[Citizen X]

[QUOTE=IMHO;84632]

I doubt very much though that you have received a summons, I suspect that you have received a final demand letter(Can you clarify)

You are right. Pdf at this link

https://docs.google.com/file/d/0B7wyzSIWTUvaMmlLc29VYVJlMHM/edit

How does this change your instructions, if at all?

It doesn't, this is now in your favour, summons has not yet been sued out, you now need to beat them to this. Use the covering letter and extinctive prescription claim letter and proceed tomorrow ..Please keep us briefed..

[Citizen X]

I just noticed that the address they have for the CC on the letter is totally unknown to me. Must be the address of the original owner of the shelf CC I bought. Telkom definitely had the address where I still am.

What is the chances that this is a scam from someone having access to old Telkom data?

Difficult to speculate, best practice, treat the threat as if it's real, you've got nothing to really lose by acting now rather than later..

[IMHO]

Damn. It is like Darkangelyaya says. It is not like I have the time for sh!t like this, nor the energy. Should I not contact Telkom tomorrow and find out if it is for real?

[IMHO]

I found the prescription claim letter but not the cover letter?

The claim letter calls for dates, details and account number, which I do not have. I just know it could be in 2007 and I have the ref number on the e-mail. I do not even recall the telephone number of the shop.

[IMHO]

Found the cover letter.

The covering letter(email)(You attach the modified extinctive prescription claim precedent/template)

Subject box: XYZ bank: Account number 123456: Id number: 0000000000

“Without prejudice and all rights reserved.”

1. I refer to the above matter and further to my attached extinctive prescription claim;
2. I hereby serve my extinctive “PRESCRIPTION CLAIM” on you with regards to a XYZ Bank account ,
3. In keeping with legislative requirements, industry generally accepted norms and good corporate governance, kindly process my extinctive prescription claim and confirm to writing on your signed letterhead that this debt is indeed prescribed and that your computer systems and credit bureaus have/will be updated accordingly with regards to this prescription claim.
4. I submit that the standard manner in which a prescription claim is processed is as follows: The creditor establishes when the last payment was made. The debt then becomes due and payable a month later. Should a period of 3 years elapse from the date of the last payment the debtor becomes eligible for prescription. The creditor ascertains if the debtor is listed on XDS, Experian and Transunion ITC. The credit establishes whether any events to interrupt prescription has transpired such as actual payments or acknowledgement of debt. Should these exceptions not apply, the creditor then confirms in writing on their signed letterhead that the debt is indeed prescribed, that they have/will update all credit bureaus and furthermore that they abandon their claim on this matter;
5. The last payment made on this account was on 30 July 2007, This debt became eligible for extinctive prescription on 30 July 2010 which I now formally claim.
Kindly revert and please advise accordingly
Kind regards,
Jack The Ripper
“Without prejudice and all rights reserved.”

This poses another problem. I have no idea what the details and date of the last payment was...

Also, who do I address this to? Telkom or the SCAMMER?

[Citizen X]

Found the cover letter.



This poses another problem. I have no idea what the details and date of the last payment was...

Also, who do I address this to? Telkom or the SCAMMER?

Creditor Telkom and/or MMM, best practice, we not sure if they bought the debt from Telkom, remember to cc the ceo of Telkom and keep us posted..

[IMHO]

Ok, done. If you would like a copy, pm me your e-mail address.

[Citizen X]

Ok, done. If you would like a copy, pm me your e-mail address.

will do!