A firm of Attorneys operating from a house in Sedgefield who purchase old debt which has been inflated and attempt to collect it although it has become prescribed.

This is the message mail sent to a Corporate Cell Phone Message system by the firm of attorneys:

Quote :

 Mrs XXXXXX, I will proceed to FULL LEGAL COLLECTION against you. Your XXXX Arrears Amount to R49 396.00. I am blacklisting in prep for summons w attachment of your moveable and immovable property for sale at Public Auction. I wanted to discuss and assist you with the matter. I will not EVER discuss this matter with your husband. Should you wish to prevent legal collection, YOU need to contact me. Regards Liesl van Niekerk @ CJ Attorneys 044 343 2026t

Unquote

Since 13 th March 2016, in terms of the new National Credit Amendment Act, it is illegal for a company to contact a consumer and demand that they pay a prescribed debt.

If, in the past three years, you have not: made any payment towards settling a debt, acknowledged owing the money in any way or agreed to pay it, or been summonsed in respect of it, it has prescribed, and you can raise this as a defence when asked to pay such a debt.

The debt-collecting company or legal firm should close its file on you at that point. Some do, but others continue with the harassment via SMS, letter or email.

A threat which works well on most consumers is the one about being “blacklisted”, because it’s difficult to live without access to any form of credit.

 But the National Credit Act prohibits the listing of a prescribed debt.
It follows, then, that it’s unethical for debt collectors to use the threat of “blacklisting” in making demands for payment.

This person and Company has been referred to the NCR for Criminal Prosecution.

Value of Claim: $ 10,000-00 plus Damages.

Length of Listing : 25 years
 

Contravention of Section 68 of the National Credit Act 34 of 2005 and Criminal Prosecution

Liesl van Niekerk, You Jointly and Severally with Carl John Attorneys deliberately with the intention of Causing embarrassment  to a Client  forwarded  confidential and sensitive Information via open mail to a corporate Cell Phone Message system, which you were not authorised to do.

This is the message mail sent to the Corporate Cell Phone Message system by the firm of attorneys:

Quote :

 Mrs XXXXXX, I will proceed to FULL LEGAL COLLECTION against you. Your XXXX Arrears Amount to R49 396.00. I am blacklisting in prep for summons w attachment of your moveable and immovable property for sale at Public Auction. I wanted to discuss and assist you with the matter. I will not EVER discuss this matter with your husband. Should you wish to prevent legal collection, YOU need to contact me. Regards Liesl van Niekerk @ CJ Attorneys 044 343 2026t

Unquote

This is in contravention of Section 68 of the National Credit Act 34 0f 2005  and various sections of the Consumer Protection Bill 68 of 2008 and in direct violation of the Constitution of the Republic of South Africa Act 108 0f 1996 and its various amendments. 

A Claim is being Prepared for damages to the Value of R 100,000-00 ( One Hundred Thousand Rand ) plus Additional Punitive damages 

A detailed Complaint is being prepared and will be filed with the National Consumer Commissioner ( NCC )  and the National Credit Regulator.( NCR )  

Because of the Serious nature of your actions and the Damages you have caused a formal complaint is being lodged with the National Prosecuting Authority with the view to bringing formal Criminal Charges against you and C J Attorneys. 

Value of Claim : R 100,000-00 plus further Punitive damages plus a Criminal conviction.

Source  : Corporate Cell Phone Records

Value of Claim: $ 10,000-00 plus Damages.

Length of Listing : 25 years