Bought debt and a template that can be used

Most if not all debt that was bought by Attorneys or Debt collectors has prescribed and is thus illegal.

Here is a template that can be copied and used by consumers whenever you receive a call or SMS from any debt collector - Make sure you get the correct email address and make sure you get a read receipt.

CALL THEIR BLUFF

DO NOT BE BULLIED !

HERE IS THE TEMPLATE:

Please confirm receipt hereof 

Dear sir/Madam,

I refer to your recent SMS regarding an alleged bought (fill in bank) account with your reference nr (Fill in reference number on SMS ) apparently now owed to yourself.

In terms of the amendment of the National credit act that came into force on the 13^th day of March 2015 the following now applies:

(Whether you act on behalf of the original creditor or as the new owner of the debt in terms of a purchase agreement with the original creditor)

“The following section is hereby inserted in the principal Act after section 126A:
‘‘Application of prescription of debt - 126B. (1) (a)

"No person may sell a debt under a credit agreement to which this Act applies and that has been extinguished by prescription under the Prescription Act, 1969 (Act No. 68 of 1969).
(b) No person may continue the collection of, or re-activate a debt under a credit agreement to which this Act applies— (i) which debt has been extinguished by prescription under the Prescription Act, 1969 (Act No. 68 of 1969); and (ii) where the consumer raises the defence of prescription, or would reasonably have raised the defence of prescription had the consumer been aware of such a defence, in response to a demand, whether as part of legal proceedings or otherwise.’’.

You are hereby formally informed that the alleged debt (if it existed) has prescribed and any attempt at collecting on this is thus illegal. Point b – Highlighted for your attention- is very clear on this point –

No person (that will include your good selves) may continue the collection of a credit agreement to which this act applies which debt has been extinguished by prescription under the Prescription act 68 of 1969

. In terms of (b1) above I hereby raise the defense of prescription as per my right in terms of the prescription act.

If you allege that a judgment has been taken on this debt please supply me with a copy of the judgment.

If you allege that you are now the owners of this alleged debt and that it has not prescribed please supply me with the following:

      Your legal standing in this. If you allege that it was an (Insert bank name) account and you are now the owners of this alleged debt please supply me with documentary proof of this ownership.

1.         A copy of the original signed application for the alleged debt.
2.         A complete and up to date statement of the account from inception to date hereof.
3.        This in terms of NCA 65(4)a & b

    Once I have received your answer and proof of everything I have asked for I or my legal advisors will respond to that.

   In the mean time I would appreciate you stop contacting me in this regard, as it  

   constitutes harassment in terms of the  Protection from Harassment Act, 2010.

    Yours faithfully,

   (your name)

   This message is sent without prejudice and with all rights reserved in as far as

   might be applicable:  

   Nothing contained in this message constitutes an offer,  warranty or representation

   from me.