Debt: Legally cancelling a debt over 3 years old

[Justloadit]

Chancers trying to squeeze the last drop of blood out of you

[Dave A]

Do I walk the "prescribed" route with confidence in this case?

Depends if the debt arises out of a judgement, which given the scenario certainly sounds possible.

Ordinarily the first step is to request that they prove their claim. This is to set out in detail as to how the debt arises.
I suppose given the time period involved since the last action, you could claim prescription. The onus would then be on them to establish why the debt has not prescribed.

[sterne.law@gmail.com]

A judgement only prescribes after 30 years

[PatrickZ]

Hi Guys

I am new on the forum I got to know about this forum via Google while looking for an answer to my legal problem. My legal problem relates to some of the debts against my name which I believe they might have prescribed based on some of the similar scenarios found on this forum. What I would like to be advise of is who do I contact first to claim prescription? the creditor or the credit bereu, in the mean time I have sent an email to the credit bereu (Experian) asking them to forward me the contact details of the creditors that listed me with them, with a view to contact the creditor claiming the removal of the adverse information against my name. One of the creditor is African Bank which I with a debt that became due in 2008 but according to the info on my credit profile record they last received payment to this acc in 2010 which I doubt is true, but I need advise I someone can be for I can do anything. Thank you guys - Vanash I salute

[Citizen X]

Hi Guys

I am new on the forum I got to know about this forum via Google while looking for an answer to my legal problem. My legal problem relates to some of the debts against my name which I believe they might have prescribed based on some of the similar scenarios found on this forum. What I would like to be advise of is who do I contact first to claim prescription? the creditor or the credit bereu, in the mean time I have sent an email to the credit bereu (Experian) asking them to forward me the contact details of the creditors that listed me with them, with a view to contact the creditor claiming the removal of the adverse information against my name. One of the creditor is African Bank which I with a debt that became due in 2008 but according to the info on my credit profile record they last received payment to this acc in 2010 which I doubt is true, but I need advise I someone can be for I can do anything. Thank you guys - Vanash I salute

Morning Patrick,

Welcome to TFSA

There's loads of invaluable information right here on TFSA! Have a look at the business related forums, it will add value to your business

[Fouchee]

Depends if the debt arises out of a judgement, which given the scenario certainly sounds possible.

Ordinarily the first step is to request that they prove their claim. This is to set out in detail as to how the debt arises.
I suppose given the time period involved since the last action, you could claim prescription. The onus would then be on them to establish why the debt has not prescribed.

Tnx for your reply Dave.
There was no judgement against this debt. I did my last transaction with ABSA in 2007 and that was the very last time there was any contact/communication between them and me. My last credit check made this year shows a ridiculous judgement from an attorney for R223-83 ,then I have a judgement for R100k (from 2008) related to my foreclosed company where I signed surety, but nothing related to ABSA.

[King8V]

Good day, I've stumbled across this forum after googling about debts older than 3 years. I've also just squizzed through this thread and am astonished at the claims made here.

Id like to know how i can make use of this process to alleviate myself of old debt i have, as i have a few people still hounding me.

[Dave A]

Id like to know how i can make use of this process to alleviate myself of old debt i have, as i have a few people still hounding me.

This should probably be your next read then - Debt: How to claim prescription in practice and how to enter a special plea.

[King8V]

Ok, read through that now. So if a judgement was obtained by ABSA, relating to a credit card i had with, that is considered a judgement debt? and is valid for 30years?

[Citizen X]

Ok, read through that now. So if a judgement was obtained by ABSA, relating to a credit card i had with, that is considered a judgement debt? and is valid for 30years?

In short a judgment debt stays on credit bureaus for a full five years from the date of the judgment being lodged with the credit bureau before it is automatically expunged. A judgment debt is collectable for 30 years and, yes, it prescribes in 30 years. The rationale is that you may not be financially on your feet at this stage, but should you win the lottery in 10 years times, that creditor can still successfully collect on the judgment debt.

[King8V]

thing is, its not absa that is hounding me? its a company called MBD, which i see has been mentioned here before

[King8V]

how does one determine if a debt has prescribed? I mean know about the 'becoming due story' but its been so long and so much has happened in between, one cannot remember accurately. can i PM u or can you send me an email address pls.

[King8V]

Dammit! Anyway, odd thing is ABSA is not even the one trying to collect from me anymore, its a company called MBD, which has been mentioned here before. iv read the 'when debt prescribes' and 'becomes due' parts, but with many things happening between then and now, how does one go about determining when a debt has/will prescribe? Without openinig oneself up to renewing the 3 year period

[Dave A]

My best suggestion is when someone calls to collect and you're fuzzy on the details, ask them to prove their claim in writing.
This should set out the origin of the debt, any legal costs incurred, interest raised, any acknowledgement of debt you may have made etc.

[Citizen X]

I’ll illustrate, X has a personal loan with ABC bank, the loan was granted in March 2009, X paid diligently until he lost his job in September 2009. He stopped paying. No summons was sued out, no judgment was granted, no acknowledgement of debt was signed or confirmed telephonically. No events to interrupt prescription has taken place..
Question: When did this debt become due and payable?
It became due and payable, when he stopped paying. Payments are made on a monthly basis, ABC bank required a payment in September 2009, no payment was made, the debt is due and payable.
The prescription period can be calculated from the date when the debt became due and payable, last payment was October, so the debt became due and payable end September. Has three(3) years passed by? Debt prescribes in September 2012.



Extinctive prescription, ordinarily should be raised as a special plea in court. The problem is the creditor is not going to court but demanding payment. Logic and even common sense would dictate that the response to this demand for payment is that the debt is prescribed and there is no trial able issue [they will be wasting the courts time]