Under threat for an acc I last used almost 20 years ago

Kgabogk

Expert Member
Joined
Aug 12, 2008
Messages
1,077
I'm being harrased by Norman and Bissett debt collectors on a weekend basis,I had a Standard bank cheque acc that I last in 1997 ,Norman and Bissett is now requesting me to pay over R6000 in penalties and interests because I didn't close the acc,I just want to know if I'm legally obliged to this money,The statement they sent to me is just indicating that I owe an accumulated interest.
Norman & Bissett is now threatening to black list me.
 

Sinbad

Honorary Master
Joined
Jun 5, 2006
Messages
81,150
"this debt is prescribed. Please stop harassing me"
 

Fulcrum29

Honorary Master
Joined
Jun 25, 2010
Messages
55,031
Why didn't the bank close the cheque account automatically?
 

MickeyD

RIP
Joined
Oct 4, 2010
Messages
139,117
Then they had to have obtained it before 2000... As the debt prescribed then?
Correct but the judgement does not...

I agree that the request from them is frivolous - they probably bought SB's old debt book for 10c in the Rand !!
 

CamiKaze

Honorary Master
Joined
May 19, 2010
Messages
14,846
Why didn't the bank close the cheque account automatically?

+1

From my understanding, the bank is supposed to close accounts after 3 months of non-use. That means that if there is no transaction in or out of the account within 3 months then the account gets closed automatically.
The only other thing that I can think of is that OPs accounts is/might be in overdraft.
 

MickeyD

RIP
Joined
Oct 4, 2010
Messages
139,117
+1

From my understanding, the bank is supposed to close accounts after 3 months of non-use. That means that if there is no transaction in or out of the account within 3 months then the account gets closed automatically.
The only other thing that I can think of is that OPs accounts is/might be in overdraft.

Closed or made dormant? Interesting question... would like to know!

Also - when did this come into effect?
 

Hemi300c

Honorary Master
Joined
Dec 15, 2009
Messages
26,398
Ask them for their full details and records of acknowledgement of debt to be sent to you in writing because you do not acknowledge the debt and you belive that you have no responsibility towards it. Also say that you are going to you attorney's and that they will contact them in the near future.
Await details and take it from there.
 

reactor_sa

Executive Member
Joined
Feb 6, 2009
Messages
7,844
After 6 months of inactivity the account would have been closed or at the very least suspended.
To top it off, the debt would have been written off by the bank already so the debt collector must have bought the debt book from the bank. Stupid debt collectors are probably out of luck since the debt is more than 3 years old and has to be written off by them now too, they're just trying their luck.
 

supersunbird

Honorary Master
Joined
Oct 1, 2005
Messages
60,141
I'm being harrased by Norman and Bissett debt collectors on a weekend basis,I had a Standard bank cheque acc that I last in 1997 ,Norman and Bissett is now requesting me to pay over R6000 in penalties and interests because I didn't close the acc,I just want to know if I'm legally obliged to this money,The statement they sent to me is just indicating that I owe an accumulated interest.
Norman & Bissett is now threatening to black list me.

As another poster said, the debt has prescribed, just tell them that. I highly doubt they got a judgement in the years 1997 to 2000. And a judgement would have reflected on your credit reports and impacted your credit ability already years back.

If they list you with a credit bureau (there is no such thing as a blacklist in reality, just a listing with one of the many credit bureaus) then you can request the credit bureau to correct it since it would be faulty, and if they don't you can take the credit bureau to the Credit Ombudsman.

Bottom line:
Just tell them the debt has prescribed. They are just scum chancers.
 

CamiKaze

Honorary Master
Joined
May 19, 2010
Messages
14,846
Closed or made dormant? Interesting question... would like to know!

Also - when did this come into effect?

I see another poster saying 6 months so don't hold me to it.
I had a SB account and never made use of it again once I got a job at a other company and opened a new account.
I went to SB with a friend for his purposes but while I was waiting for him I decided to enquire about my account and told the teller that I lost my card and don't use their account anymore, is there a possibility that someone paid something into that account while it was not in use? :D

He told me that an account closes automatically and if there was money in the account then I need to bring some documentation and give a rough estimate (odd request but ok) as to what is in my account.
 

crackersa

Honorary Master
Joined
May 31, 2011
Messages
29,028
And do not admit to ever having the account. They will try and trick you and say if you had the money would you pay? Just say it's prescribed. Say nothing else, no yes, no no. Just repeat prescribed and stop harassing you
 

Kgabogk

Expert Member
Joined
Aug 12, 2008
Messages
1,077
Thanks guys,can someone please explain prescribed in detail,and again would it be of any help if I contact standard bank about this issue
 

supersunbird

Honorary Master
Joined
Oct 1, 2005
Messages
60,141
Thanks guys, can someone please explain prescribed in detail,and again would it be of any help if I contact standard bank about this issue

If one doesn't make an attempt to collect debt within 3 years then its prescribes, meaning they must write it off, its not collectable, to assert otherwise they would need proof you acknowledged that debt within those 3 years or got a judgement in those 3 years.

In my opinion, don't bother contacting the bank, they are not the ones harassing you.
 

supersunbird

Honorary Master
Joined
Oct 1, 2005
Messages
60,141
Is there an ombudsman who deals with this kind of issues

Only if they put a negative listing (aka blacklist) on you with one or more of the credit bureaus, then you can ask the credit bureau/s to remove that listing as incorrect, they would then investigate and act accordingly, if they reinstate the negative listing, then you can then complain to the credit ombud - www.creditombud.org.za/

Just tell them you don't acknowledge that there is any debt and if there was debt, it has prescribed anyway.
 
Top