MBD Attorneys
Cannot collect on a prescribed debt

Lawyers & Legal Counseling

I have been receiving a few phone calls and A LOT of smses re alleged unpaid Truworths account. (1) According to the Prescription Act, a debt is deemed to be prescribed if it has been three years since my last payment and in three years I have not acknowledged the debt in any way - and neither has the creditor summonsed me for it. I understand that debt which was written off by the initial credit provider are being bought by debt collectors and I hereby inform you that the debt has prescribed UNLESS you can provide me with (a) a full statement of my account including all payments made - and to clearly show where I have made a payment in the last three years and (b) proof that I have either acknowledged or have been summonsed for it the last 3 years. Furthermore, (2) I wish to advise you that you are not allowed to list me on ITC as I already have been listed by the initial credit provider and the 2 year default term has passed so this threat carries no weight, as a prescribed debt may not be listed on my credit profile at a credit bureau and should you decide to do so, the appropriate relief will be sought.


Company: MBD Attorneys
Country: South Africa
City: Johannesburg
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