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Contacted by a debt collection agency for a account that was apparently never paid in 1997.

Have a quick query about a issue. Just got a call from a debt collection agency in regard to a Edgars account I had in 1997 ito whom according to them I have not paid. Last time I remembered that account was paid off and afterwards somebody bought stuff on my account after a request from me that any purchases made on the account has to accompanied by a ID request since my halfbrother once stole my card and bought stuff on my name, which they never replied or supplied the purchasing slips to me Never heard from them again till today. What do I do with this, it is like 13 years later, don't have any account information, copies of correspondence or the queries anymore? 21 mths ago - -16 min left to answer.

Answers -

They must provide proof in a Court that they did send you notifications to pay, etc... I won't pay... But, do get some legal advice

21 mths ago

Ask them to show you the signature on the receipt. That much they have to proof, unless there was a cut of time for you to launch a complaint. These agencies are taking chances with "cold" accounts, they will not spend to much money attempting to collect from you. Ask for a proof of purchase and insist that you never made the purchase. They will then be forces to take you to court where it will be thrown out and they know it. By that time it would have cost them more to get you in court than what are owed by your account. When is the last time you used the account? Did you ever cancel the account? ...play this one out, they have to proof it was you who made the purchase.

21 mths ago

I think the collection agency is chancing it's luck on this one - suggest you read the relevant Act: http://www.bloemfontein.co.za/docs/Prescription-Act.pdf

21 mths ago

Easy peasy - the debt (if any) has proscribed. They do not have a leg to stand on. BUT there are many of these shady collection agencies around. What they do is get you to accept liability for the debt, and then you have to pay. Be very careful about what you admit to, verbally or in writing...

21 mths ago

The debt is too old. they cannot hold you accountable. Vultures.

21 mths ago

The debt has prescribed (longer than three years). They need to prove they tried to recover this money all that time, otherwise you are not legally responsible. They will threaten you with legal action, but thats all they can do.

21 mths ago

The debt has prescribed, just ignore it. They can't do anything to you.

21 mths ago

Tell them to sue you....

21 mths ago

Good advice from the other AIT !

21 mths ago

Laugh at them. It is 14 years!

21 mths ago

Jus chune them - sorry, voetsek.

21 mths ago

Unpaid debts have an expiry date after which collection agencies have to stop their collection activities.This is 3 years from when you owed the money.The STATUTE OF LIMITATION in case of debt is generally 3 years in South Africa and thus if any amount is still outstanding AFTER the 3 years this is BARRED BY STATUTE OF LIMITATIONS.Legislation prohibits the creditor from obtaining a judgement in court for debt OLDER THAN 3 YEARS.People should know the law,but many of these debt collection places ignore the law and still harrass the client-hoping by doing this the client will pay up all fees-because the collection agency earns COMMISSION if the client still is willing to pay EVEN IF IT WAS DONKEYS YEARS BACK.But the law states that only after 3 years any outstanding debt is usually written off.People have even paid these debts but documentation has been lost or thrown away-so they dont have proof.The debt collection agencies scare people saying they will take legal action,and court etc-by doing this hopefully they will pay then.If nobody contacted you within the 3 years and the 3 years passed and you didnt pay for whatever reason,the debt is written off.The court will throw it out anyway but the collection company wont go that route because they will eventually have to pay all court fees because the law will be on your side stating that the debt is stale and has been written off,because 3 years have passed and the collection agency MAY NOT TRY AND COLLECT MONEY NOW ANYMORE-THIS IS ILLEGAL!

19 mths ago

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