Posted by: Zi | 2018/06/07 18:36
Can a debtor acknowledge his debt telephonically for vehicle repairs and storage after not picking up his vehicle, Asks for confirmation via emailed statememt of how he owes, makes you an offer to pay you a certain amount less than what was on statement provided...then only claim prescription after he had legal consultation? Summons were not initiated but
during the 3 yrs communication was done about outstanding invoice verbally when debtor physically physicn employee of his to check on his vehicle and employee was advised to tell debtor he owes on his invoices and accumulating storage charges still. Also, Does and how does prescription apply on storage charges that accrue daily?
Posted by: Neil Roets | 2018/07/11 12:51
In terms of debt as contemplated by the National Credit Act, no person may attempt to collect on debt where the consumer raises the defence of prescription, or would reasonably have raised the defence of prescription had the consumer been made aware of such a defence.
The prescription period only starts to run from the date that the money becomes due and payable, and in general applies to debt or any legally claimed monetary value. It does not apply to service agreements, unless the payment of the funds are regarded as incidental credit in terms of the act.
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