Yes
No
"Nobody who has succeeded has not failed along the way"
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In hindsight it was probably a mistake to formally liquidate it.
It all started with a big deal that went sour. The problem was I had some current creditors hounding me and the only way to settle them was realising a fixed asset, which was taking time. When I applied for liquidation of the cc they had to back off and wait for the process to unfold.
Everyone got their money, just a bit late.
If I'd had better negotiating skills at the time it probably wouldn't have come to that - but you live and learn.
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After a threat of legal action, I received a call from CellC yesterday and no surprise ...their position has NOT changed. Its "EITHER PAY UP or REMAIN LISTED".
but....
They cannot produce the following:
1) Reminder letters
2) FINAL demand letters
3) Proof of conversations between their accts and/or legal dept and myself where contact was made and I was informed about what was going to transpire.
4) Copies of summons issued and/or copies of the receipts that it was signed for.
They continued debiting my bank account right up to October last year when they "terminated" the contract and instituted the listing on ITC. CellC maintains that I acted "irresponsibly" by taking a contract that I never used BUT still acknowledge the fact that they were receiving payment for it in return ...umm... am I missing something here? They claim the acc was 2mths in arrears for period Dec09 and Jan10 but have not record that they tried to debit the arrears amount from my bank acc?
These guys are REALLY trying their luck. I have threatened to expose them like Carte Blanche did with Vodacom and the Gogga thing? I have put a suggestion on the table to them and it is
- I pay the arrears(2mnths)
- Continue paying for the remainder of the contract, monthly but it remains cancelled until its all paid.
In return, they remove me from ITC as soon as the arrears is paid and they reserve the right to list should I default on any payments? This sounds fair doesn't it? They want their money, I want listing removed?
Lets see if they'll bite?
I am longer prepared to pay the full amount as its
Remaind. of Contract + admin + tracing fee + Interest = Approx R4500.00
Wonder what they would do if the shoe was on the other foot?
Hi,
I don't even know where to start...
I bought a flat in 2004 (PTA) and later relocated to Welkom, FS. I had a tenant move in the flat. Cannot exactly recall the date I was contacted by the tenant, who informed me at the time that she received a 30 day notice to vacate the premises as it had been auctioned. This was the first time I heard about this even being the owner of the property. I could have been behind with two months payments or less but definitely nothing more. Why was I not informed about the ABSA's intentions? Instead of loosing the property I would've made a plan to bring the account up to date. I was later contacted by the bank to inform me that R36000 was still due and was eventually listed for this. Ever since the listing, I’ve been contacted and dealth with several different attornies. Is this even right? Shouldn 't the bank only have one dedicated attorney handling my case?
Do I have a case, 'cos honestly speaking, I'm convinced that the correct procedures was not followed, starting with the auction!!!!!!
Yes, it’s time the consumer gets justice! What should I do?
Did you notify the bank of changes in address for notifications along the way?
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Banks do not inform you of their intentions, the moment you default they take a judgement and normally in the high court. When we buy properties we normally know about judgments before the owners do, simply because banks just don't give a fly about the consumers. That is the fact end of story. The sad reality is that they obtain a judgement against your name usually within the first or second month you default on your payment.
At my one house in Kdp, we stay on a corner stand. We didn't go to the swimming pool area for the entire winter, but one day I decided to go clean up at the bottom gate next to the swimming pool. There, nicely pushed into the walls waterhole I found a letter delivered by the sheriff, the irony was that the letter was addressed to someone else lower down the street with absolutely no resemblance in street name or number. Their house were auctioned off without their knowledge just a few weeks ago and they found themselves in the exact same situation.
The law simply doesn't make any sense to me and was without a doubt not thought through properly as it is simple to obtain a judgement without even having proper proof that a person owes the money.
Roelof Vermeulen (Entrepreneurship in large organizations)
Roelof Vermeulen| Rock flaps south africa
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Alcocks Electrical Services | Alcocks Pest Control & Entomological Services | Alcocks Hygiene Services
and the fight with CellC continues....
my complaint / case has been registered with TransUnion and they will now investigate the matter.
Just to summarise:
- CellC imposed a list of "bad payer, debt written off" against my Credit Profile.
- They have no records of EVER being in contact with me to advise this would happen
- The account was supposedly 2mths in arrears but yet they continued to debit my bank acc for several months after the arrears right up to when the listing happened.
- There were no reminders, final demands and/or summons for payment.
- Contract was cancelled with prior notificaiton
CellC did not follow the process and are now unable to cover their tracks.
...I keep my fingers crossed and hope that TU can do something about it. I have offered to pay 35% of the arrears now and the rest as subscriptions each month. They(CellC) were not interested. I have paid the 35% and will pay monthly subs.
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