Post Mortem Questionnaire Three Thousand and eighty six(3086) people responded Number of respondent’s example 1. Yes 2800 Respondents 91 % of a total of 3086; No 286 respondents 9 % of a total of 3086 respondents |
|
Question/Statement type |
Results |
1. I have more than one debt
Yes. No.
|
Single select Yes/No |
Yes 2800 91 % No 286 9% |
2. How did you find out about extinctive prescription?
a. Internet
b. Attorney/Legal advisor
c. Other
|
Single select Multiple Choice |
Internet 2653 86%
Attorney/Legal advisor 167 5%
Other 266 9%
Conclusion: Most South Africans are unaware of extinctive prescription
|
3. Are you employed?
Yes. No.
|
Single select Yes/No |
Yes 2041 66% No 1045 34%
|
4. This debt is more than 3 years old(No payment was made on my account for 3 years from the date of the last payment)
Yes. No. NA |
Single select Yes/No/NA |
Yes 2 936 95% No 150 5%
Conclusion: Creditors do pursue old debts in the hope that debtors will be ignorant of extinctive prescription and make a payment or acknowledge debt
|
5. This debt is more than 4 years old(No payment was made on my account for 3 years from the date of the last payment)
Yes. No. NA |
Single select Yes/No/NA |
Yes 2936 95% No 150 5%
Conclusion: Creditors do pursue old debts in the hope that debtors will be ignorant of extinctive prescription and make a payment or acknowledge debt
|
6. This debt is very old(No payment was made on my account for many years: Between 5 years and 10 years)
Yes. No. NA
|
Single select Yes/No/NA |
Yes 2356 76% No 580 19% NA 150 5%
Conclusion: Creditors do pursue old debts in the hope that debtors will be ignorant of extinctive prescription and make a payment or acknowledge debt
|
7. What was your reason for not paying your account
a. Unemployed b. Retrenched c. Other
|
Single select Multiple Choice |
a. Unemployed 1762 57%
b. Retrenched 754 24%
c. Other 570 19%
|
8. Have you received a letter from the creditor demanding money?
Yes. No. NA
|
Single select Yes/No/NA |
Yes 653 21% No 1860 NA 573 18%
Conclusion: Creditors do pursue old debts in the hope that debtors will be ignorant of extinctive prescription and make a payment or acknowledge debt
|
9. Have you received a summons?
Yes. No. NA. |
Single select Yes/No/NA |
Yes 212 7% No 2874 93% NA 0 |
10. I am aware that where that I have a defence that I can use in court in the following circumstance: The amount claimed is for a personal loan. An uninterrupted period of 3 years has passed by from the date of the last payment. In this period, I have made no payments, I have not acknowledged debt in writing or telephonically and I have not been overseas during this 3 year period.
1.Strongly disagree 2. Agree 3. Disagree 4. Strongly agree
|
Rate items on a scale |
1.Strongly disagree :2567 83%
2. Agree : 58 2%
3. Disagree : 73 2%
4. Strongly agree : 388
Conclusion: Most South Africans are unaware that despite the fact of summons on a prescribed debt, they can successfully raise a special plea of extinctive prescription in court
|
11. I am aware that a judgement debt is listed on credit bureaus for 5 years before it is automatically expunged
Yes. No.
|
Single select Yes/No |
Yes 1380 45 % No 1706 55% |
|
Question/Statement type |
Results |
12. I am aware that a default listing remains on ITC for 2 years before it is automatically expunged
Yes. No.
|
Single select Yes/No |
Yes 2800 91 % No 286 9% |
13. I am aware that a poor payment profile reflects on ITC for 5 years
Yes. No.
|
Single select Yes/No |
Yes 2800 91% No 286 9% |
14. I have been contacted by the creditor/debt collector or attorney who demanded payment for an account or debt that is more than 4 years old(This account was not paid at all for a period of 4 years and in these 4 years I have not been contacted at all until fairly recently)
Yes. No.
|
Single select Yes/No |
Yes 2976 96% No 110 4%
Conclusion: Creditors do pursue old debts in the hope that debtors will be ignorant of extinctive prescription and make a payment or acknowledge debt |
15. I have been threatened with ‘warrant of execution,’ unless I make payment
Yes. No.
|
Single select Yes/No |
Yes 435 14% No 2651 86% |
16. I have been threatened with ‘warrant of arrest,’ unless I make payment
Yes. No.
|
Single select Yes/No |
Yes 1745 56% No 1341 44 %
Conclusion: Certain Creditors do use unethical means to cause prescription to run afresh
|
17. I understand the difference between a warrant of arrest and a warrant of execution
Yes. No.
|
Single select Yes/No |
Yes 348 11% No 2738 89%
Conclusion: Many South Africans believe everything the debt collector tells them |
18. I am unemployed and informed the individual demanding payment of this. The individual demanding payment asked me to complete and affidavit and send it to them either by post, email or fax
Yes. No.
|
Single select Yes/No |
Yes 1603 52% No 1483 48%
Conclusion: Many Debtors act to their own prejudice by causing prescription to run a-fresh from the date of acknowledgement of debt |
19. I am unemployed and informed the individual demanding payment of this. The individual demanding payment asked if anyone in my family could help me make small monthly payments
Yes. No.
|
Single select Yes/No |
Yes 2763 90% No 323 10%
Conclusion: Many Debtors act to their own prejudice by causing prescription to run a-fresh from the date of acknowledgement of debt |
Did you like this article? Share it with your favourite social network.