Bank threatens to blacklist in regard to ‘prescribed’ debt

I DIRECT this enquiry to you following an article on debt collection (www.iol. co.za) where credit providers were taken to court over debt collection. At the bottom of this article you were described as a “consumer watchdog with serious bite”, which naturally drew my attention. My enquiry is as follows: In 2001, I was married to a man in community of property. I took out a R10 000 loan from Saambou, to which I started making monthly payments. I never saw any of the money because my ex-husband took the whole amount to pay a deposit for a vehicle, which he lost anyway.

We got divorced shortly thereafter, when I was unemployed. He, however, promised to pay the monthly instalments. I was so naive back then, I never thought about including that in a settlement agreement – there wasn’t any because we had no assets.

Anyway, I simply believed and trusted him to take care of it. I should have known back then that he had no intention of doing so. There were no children born in our marriage so I had no reason to maintain contact with him.

After my divorce I moved to Potchefstroom and took up employment there. Then, in about 2009 – I can’t remember the exact date – I was contacted regarding this loan. I promised to pay back an instalment of R500 a month. I did not sign anything, and I never even received a statement or anything from them. I met my current husband in 2011 and moved to Pretoria in 2012. I was unemployed at that time. Upon my arrival in Pretoria, I went to the attorney’s firm and told them that I was unemployed and not in a position to make any payments.

I cannot remember which firm it was and where exactly their offices were because I was not familiar with the area. At that stage I was residing with my parents-inlaw and I provided them with that address. That was the last I heard from them. I found employment at an attorney’s firm in 2013 and then I learnt that debt of that nature prescribes after three years. Also, that I was married in community of property, so I alone cannot be held responsible for the debt.

It was for that reason that I decided that I will not make payments towards that loan again and should prescription not be an issue here, and I am legally obligated to pay, then my ex-husband must take responsibility as well.

However, as mentioned earlier, all this happened towards the end of 2012. I have not heard a word since then.

Then, approximately a month ago, I was contacted by African Bank regarding that debt. I said I will make payments of R100 a month. However, nothing was confirmed in writing and I certainly never signed anything. I was advised that the debt has prescribed and that African Bank are legally not permitted to collect on prescribed debt.

I started blocking phone calls from them, but receive SMSes basically daily threatening me with legal action and blacklisting.

I have never received a summons, letter of demand or signed an acknowledgement of debt.

I would like to have some kind of guideline and/or advice on this situation. Has the debt indeed prescribed as I was advised? Is African Bank within its legal rights to collect the debt from me and threaten me with blacklisting, and can I be blacklisted for such debt?

If not, what can I do to stop them, or any institution for that matter, from threatening me?

Your advice will be highly appreciated. M Labuschagne Georgie: Most debts prescribe after three years but you have unfortunately admitted to a debt that should not even have been collected on in the first place. You needn’t have signed any document – you undertook telephonically to repay it and made a payment arrangement. I suggest you contact the Banking Ombudsman for assistance – it’s no guarantee that you will be let off the hook, though.