Posted by: ADRA | 2013-06-07 07:33
If the account is older than 3 years it means the account has prescribed in terms of the Prescription Act, even if you did not pay it in full. You need to advise the debt collection agency of this as they will not simply stop attempting to collect. Unless Truworths obtained a judgment against you in which case the judgment will remain enforceable for 30 years. The only way to get a judgment off your name is to rescind it, but to be able to achieve this you will have to pay the judgment amount in full. Once you have advised the collection agency that the debt has prescribed, if they did not obtain judgment, and they continue to attempt to collect, I suggest you refer the matter to the Council for Debt Collectors for investigation. You can find their details on www.debtcol-council.co.za
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