Today I received an SMS from JM Attorneys, threatening to log a trace alert on my credit profile. I gather I am one of many! The SMS demands payment for a Health & Racquet club account. As we all know Leisurenet was liquidated around 2002. The debtors book for Gauteng and KwaZulu Natal members was sold to JM Attorneys.
I responded immediately to the SMS and called the call centre. I advised the person that answered the phone that this debt had prescribed under Chapter III of the Prescription Act 68 of 1969, and that JM Attorneys has no legal claim to this debt which is extinguished by prescrption, and any action would be vehemently defended
Whilst I do not expect lawyers to answer the phone, I do expect that those employed to deal with customers have some basic understanding of legal principles around debt. The call centre agent insisted I had to pay the debt or they would blacklist me. When I raised the issue of prescription she insisted that if the debt had prescribed it would have to be done by a Court and there would be a prescrption letter. What nonsense!
How many unaware clients are pushed to pay debts that these unscrupulous debt collectors are harassing them about...
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