Debt Expert - ADRA

question

Posted by: Tracy | 2013/05/31 12:47

Collectors harrassing for old debt

I had a Truworths account over 10 years ago which was handed over to Debt Collectors. I am sure I paid the account in full. Of course I now have nothing to proof this as it was so long ago. I regularly get calls from a new debt collector for this account. What do I do?

expert answer

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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user comments

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Reply to shans
Posted by: Charl | 2014/04/16 03:28
Hey Shans, how do I get involved in this type of work? please mail cpaulse83@gmail.com

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