Section 126(B) of the National Credit Act is in effect, it applies retrospectively from 13 march 2015
[S. 126B inserted by s. 31 of Act 19/2014 w.e.f. 13 March 2015]
Section 126(B) of the National Credit Act is in effect, it applies retrospectively from 13 march 2015
[S. 126B inserted by s. 31 of Act 19/2014 w.e.f. 13 March 2015]
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Hi Vanash, I stumbled over your thread here and need some advice. I have had no dealings Nedbank since 2008. In January 2016 I opened a new account with them and was abruptly and with out warning debit over R8000 for an account that they claim I overdrew. At first they agreed to pay the money back. Then I was told to send them an email, which I did, claiming prescription and refusing to acknowledge any debt without proof, Nedbank then claimed that I agreed to a debit order for which I again asked for proof of, instead of sending proof they called me and informed me that they would not be paying anything back unless I signed a debit order. I get the sneaky suspicion that they are trying to force a prescription into lapsing. What recourse do I have?
Hi DD Viljoen,
Off the cuff and in my opinion, regarding the first account[the one that the bank abandoned in 2008] according to current NCA provisions, the bank was to have regarded the debt as prescribed and not reactivate the prescribed debt(Section 126 B). That said, regarding your opening of a new account, this was a complete separate transaction, a different account. A bank shouldn’t, especially when it is a prescribed debt, take money unilaterally without your knowledge, consent, approval[this debit came as a surprise to you I presume]. In any event if a Bank argues that a unilateral debit is to be regarded as a payment by a debtor, then this is a simulated transaction as it was not made by the debtor himself/herself, in fact it was taken by the bank. I think that the bank ought to give you back that money.[Remember to ensure that all the elements/requirement of prescription apply]
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Yes the debit came as a complete surprise and after initially agreeing to pay it back the bank is now holding on to the funds until I agree to enter into a debit order agreement with them. I refuse to let them force a lapse in the prescription! After I asked them to provide me with proof of where I acknowledged the alledged debt or agreed to make a payment of any kind I was contacted by a debt collecter who sent me a breakdown of a bill but still with out proof of any alledged agreement. I am sorely tempted of laying a charge of blackmail against the bank.
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If you have received a summons for a prescribed debt, I can assist. Send me an email at vnaik@thenaikgroup.co.za
“Ubuntu is the essence of being humane" Desmond Tutu
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