Debt: Legally cancelling a debt over 3 years old

[Citizen X]

STEVE FROM XYZ BANK IS MISLEADING HIS MANAGING DIRECTOR
I had a telephonic discussion with an attorney “ Steve” on Monday from XYZ bank with specific regards to a prescription claim that we served on them on behalf of our client Mr’s Joubert.
1. I was utterly and completely mesmerized by “Steve’s” understanding of the prescription act 68 of 1969 or rather lack of understanding;
2. Let me explain, we served a prescription claim and followed up on it, we required as a common courtesy a letter to the effect that the prescription claim is acknowledged, processed and their systems updated accordingly. This debt is more than 5 years old, no acknowledgement of debt tacit or otherwise has taken place in this regard, no payments have been made by the debtor within a 5 year period;
3. In order to process a prescription claim, the creditor simply has to check ITC, XDS and Experian to ascertain whether that account is still listed, this will be prima facie evidence that the debt is indeed prescribed; the creditor will then establish whether any acknowledgement of debt has taken place tacit or otherwise as well as whether payments were made within that 3 year period which would cause prescription to run a fresh. If all is in order the creditor is legally, morally and ethically obliged to update their internal systems and indicate on that account that a prescription claim was submitted, that it was processed and that the debt is indeed now prescribed. They should as a courtesy confirm this in writing on their letterhead. They may well not be obligated to confirm this in writing but in my opinion should;
4. “Steve” from xyz bank an attorney by the way telephonically informed me that prescription can only be claimed if you go to court! I was left breathless,” where did “Steve” from xyz bank get his LLB degree, did he perhaps buy it!
5. What is more troubling is that he has mislead hid md in believing that this is indeed the case;
6. A case in point, we all know that Governmental departments are lacking in service delivery and that there is a difference between the billing system and the meter readings and that generally people are dissatisfied with the way that they are treated by the local councils, but guess what, even the Mookgophong Local Municipality has a policy document on the prescription act and procedures on how to process a prescription claim..go figure..see attached!!!!
7. In a case such as this we simply complete an affidavit to the effect that we have served a prescription claim in a proper manner endorsed by the magistrates court rules service of documents rules(even though the that act is not applicable for service of a prescription claim, we still ensure proper service). We then give the client this affidavit to keep for their records and if the creditor is dumb enough to sue out summons, the client will simply enter a special plea of prescription and yes, we will come and testify that we served the prescription claim on the creditor….

[Dave A]

On legal advice of dubious merit, have you ever read some of the blogs at Constitutionally Speaking?

At times some of our government ministers seem to get truly questionable advice and you have to wonder - maybe they'e telling their client what they want to hear rather than what they need to hear so that the paycheck keeps coming in

Or maybe they're just incompetent

Come to think of it, which is worse?

[simbo]

HI Viny,

I have a private debt that is over 3 years old!

The person I owe money to has never contacted me to cliam there money and I have made several attempts to contact them without reply.

On my final attempt to contact them I gave them a deadline for them to give me in writing the amount I owed and they responded with an amount alot higher than I thought the amount was so I made them an offer of an amount I was happy to pay and another deadline which they have now missed.

My question is after 3 years without any contact from them and therefore no attempts on there behalf to claim the money is the debt still valid given also that they have missed deadlines to claim there money??

[QUOTE=Vanash Naick;53595]1. Are debt collectors hounding you by post and/or telephone for debts older than 3 years?
2. Law students at an advanced stage of LLB studies have a legal way based on the law to have such debts cancelled!!!!!
3. You will be provided with a letter stating certain sections of a certain Act that you can either post, email or take personally to the debt collector or the creditor i.e. bank or store
4. The law offers you a duel guarantee a) The creditor is obligated by law to cancel the debt, b) The creditor does not cancel the debt but sends you summons, this very act will become your defence
Eg.On 1 August 2008 you entered into a cell phone contract with xyz cell phones. You pay until 1 July of 2009, and then for whatever reason, you stop paying, The creditor has from 1 July 2009 up to and including 1 July 2012 to collect this debt from you failing which the debt can be cancelled by following a specific legal procedure

[Citizen X]

In essence your offer was a tacit acknowledgement of debt. However, it can also be argued that this was not an acknowledgement of debt but rather a suspensive condition i.e. payment would only come about if a certain future state of affairs were realised namely the meeting of the deadline alternatively the acceptance of offer. It can be argued that the offer, in terms of the law of contract, is ony an invitation to do business subject to acceptance of the offer based on the terms and conditions of the offer. If I were in your position I would claim prescription as there's nothing to loose by claiming prescription i.e. a prescription claim can't harm you, if anything it may just benefit you. Rather have something on record that you can use in your favour at a later stage. This however is completely up to you!

[Look02]

I can't begin to tell you how much I appreciate all of the effort that you made on my behalf. Thank you is simply not enough for your tireless endeavors and hard work which has given me some contentment now. I hope you have a continued success in representing those in a time of true need. I can put the past behind me now and start my life anew.
I will soon make an appointment to see you in person, just waiting on my travel agent to confirm my flight to South Africa.

[Citizen X]

Many thanks indeed for the very kind feedback. When I get such feedback it is truly motivating!

[Citizen X]

I'm going to post an attachment in the near future that will address of aspects of prescription and all eventualities and scenarios in one document so that you can be equipted to submit a prescription claim yourself and get the desired results!!!

[Citizen X]

Hi guys!

1. As promised, in this my final post on prescription claims I empower YOU to claim for prescription without having to pay a middleman to do it for you!
2. Find attached an actual prescription claim letter(this one is for debts that prescribe in 3 years), modify it with your personal information, ensure that you state the date that the debt became due;
3. Find attached a FAQ doc that answers all questions on presciption claims
I trust that this thread has been of benefit to you!
4. Enforce your rights, don't be afraid to claim for prescription, " The biggest man you ever gonna see was once a baby!"Bob Marley

[ANTONETT]

Can someone please help me? This lady contacted my employer yesterday 04/06/2012 wanting to confirm my employment. I found out it is some debt management and that I have made a loan in 2005 from some company. I told her that I do not remember it and that she should send through the contract that I have signed. I cannot remember not paying it as it is 7 years ago. I never heard from them since 2005. Was it appropriate from her to contact my employer and what should I do now. Please help me

[Nydiap]

Hi Vanash,

I have old debt from 2006 but now see that in 2011 a judgement was put on my credit record that was not there before, can they do this and is this then still prescribed debt?