Post 14

Qualitative researchBackgroundConfidentiality between an attorney and client will always be held in high regard. Confidentiality is vital but so is the integrity of research. Mr A, B, C, D and Miss E are actual persons. Their full and further particulars including the accounts for which I successfully claimed extinctive prescription for has been are not for publication! Aliases are utilized throughout this work in reference to an actual person who had one or more debts eligible for extinctive prescription and were contacted either by the creditor, the creditor’s attorney performing a debt collection function or a debt collector. They were contacted after a considerable period had elapsed from the date that the debt became eligible for extinctive prescription. They sought some form of legal remedy. They chose the internet as a medium of information. They were not looking for general advice; they were looking for very specific answers. They happened upon a business and information online forum called The Forum SA.[1] I consider myselfprivileged to have made even one post on The Forum Sa. I too had learned a great deal from members on this business and information online forum.Mr A, B, C, D and Miss came across my posts on extinctive prescription. My posts were, and still is a living work as the idea is not only to provide a sound legal explanation, but in essence to assist people in real time as soon as possible after they posted a question, query, concern or dispute. The further idea is to equip fellow members to such an extent that they too can answer any question on extinctive prescription and assist whoever may happen upon such posts. This is the ultimate challenge! My posts includes usable attachments an extinctive prescription claim precedent or template (to be served on the creditor and/or their attorney), a covering letter for the creditor and/or their attorney, an affidavit (to be used where the debtor claimed extinctive prescription), insight into litigation surrounding a scenario where a creditor still sues out summons after the fact of an extinctive prescription claim, an example of a special plea and an example of a potential summons that they may receive regarding such a debt. I made it clear that my advice was not to substitute for the services of an attorney should the matter indeed proceed to court, but much rather, that should they follow my directives there would be no reasonable justification for a creditor failing to process their extinctive prescription claim and confirming the same in writing on a signed letterhead. I stated on a public forum that their extinctive prescription claim would be processed by the creditor should my directive be followed. This is where we separate theory from practice. Quantitative research revealed that 82% of the respondents have follow up on my directives and used my precedent with success. There were however a few individuals who were not successful and sought my individual intervention. This reinforced a simple notion in me: The law is inaccessible to the vast majority of South Africans1 You may have such a problem today, you need assistance now and not in four months time!This was an opportunity to get practical insight into extinctive prescription claims in South Africa. I was equal to the task. A limited power of attorney was prepared and Mr A, B, C, D and Miss E empowered me as agent.The predetermined approach
My work is a live work in that the posts that I made on the internet are still active as at today’s date and still receives visitors. Throughout this work, even before I analysed the results of the quantitative research I was assisting people from all over South Africa with responses to their questions and resolutions to the practical problems their individual cases presented. I concluded early on that many creditor’s don’t have systems in place to process extinctive prescription claims, that many creditor’s don’t appreciate the distinctive between an extinctive prescription claim and a special plea of prescription and further they believe that a debtor can only raise prescription as a defence in a court; despite the fact that they pursuing the debt short of going to court.
I was presumptuous; I wanted a successful result in a maximum of two weeks from the date of serving the extinctive prescription claim. The result I was determined to obtain was complete legal certainty that the debt is prescribed as per the extinctive prescription claim. I wanted a signed letterhead in which the creditor and or their attorney confirmed in writing that the debtor claimed extinctive prescription; that the claim was processed; that the creditor acknowledges that the debt is prescribed, that the creditor has/will update all credit bureaus accordingly and that the creditor has abandoned their claim.
I therefore postulated a covering letter as well as several attachments including the extinctive prescription claim. I was intent on avoiding unnecessary delay due to a lack of understanding of extinctive prescription on the part of a creditor.

To be continued...



[1] Vide http://www.theforumsa.co.za