Collection agents must be registered members of the Council
for Debt Collectors (
http://www.debtcol-council.co.za ) and they
must observe that bodys Code of Conduct. This Code of Conduct
is sometimes ignored by debt collectors but it is easy to
obtain a copy at the above mentioned website, and an offending
debt collector should immediately be referred for disciplinary
action in regard to any breach of the Code of Conduct. Knowing
your rights in terms of the Code of Conduct will ensure the
debt collector acts politely and does not take undue advantage
of your position. credit pacific service union
Threatening Phone Calls and Letters
While your creditors may have found it difficult to get you
on the phone, collection agents have a much more commanding
tone and they will say things, to whoever picks up the phone,
that make you believe that its in your best interest to talk to
them. Which it often is! Once you are on line, a careful series
of phrases will be used to point out the dire consequences of
any further payment avoidance and you will be asked to commit
to a firm payment schedule. The new payment schedule will
usually include substantial collection costs. Obviously, it
would be better for you to find a way to settle problem debts
before the matter arrives at the magistrates court, but a debt
collector may not feel obliged to suggest some of your best
options. credit first service union
By then the threatening letters of demand will have begun to
arrive. They will suggest that you are on the verge of
receiving a judgment and losing a large part of your worldly
goods. While this outcome may well be in your future, unless
you quickly do something constructive, the collection letters
are designed to make you feel that you are just about to have
the financed items repossessed and a substantial portion of
your household contents confiscated. card credit mobile service
Your rights:
Letters of demand are the first step required before a
summons can be issued. It is important to contact whoever sent
the letter and arrange suitable repayment terms and request a
statement. This should be done in writing and sent by
registered post or delivered by hand to the person who sent the
letter. Some unscrupulous collectors pretend they ever got your
request. Although it is illegal some collection agents make the
letter of demand appear like a summons, this is a breach of the
Rules of Court and any company acting in this way is subject to
criminal and civil proceedings. Always respond in writing,
preferably by registered post, and always add the words Without
Prejudice as you do not want any admission of liability on your
part to be used against you at a later date. card credit discover service
The possible issuing of a summons
It is assumed that you will receive the letter of demand
within 2 or 3 days of posting and, from then, the letter will
state that you have 10 days to make payment. If you fail to
respond within this time frame, the collection agent will
arrange for a summons to be issued, which gives you 5 days to
notify the creditor that you intend to defend yourself. credit public service union
The summons has a second page on which you can indicate your
wish to defend yourself. It is always best to fill in and
deliver this section to both your creditor and the clerk of
court to avoid having a default judgement awarded against you.
Remember the creditor or their attorney must sign the original
summons showing they have received notice of your intention to
defend the matter and the clerk of court must stamp the
original summons alongside the creditors attorneys stamp to
show they are aware you intend to defend the matter. Keep a
copy of this to ensure you can reverse any judgment mistakenly
given by the court. card credit processing service
If you have a truly understandable reason why you have been
unable to make payments to your creditors, it would now most
certainly be in your best interest to gather your evidence and
prepare a defence that the magistrate might accept. Suitable
payment terms can be agreed to rather than having the court
award payment terms that you cannot afford. center credit service union
Your rights:
You can represent yourself in court. Most people fear the
courts and prefer to appoint an attorney to represent them
however, it is your right to present your case to the
Magistrate or Judge and no court will issue judgment against
you unless you fail to respond to the summons or fail to show
that you have some form of defence. card credit service wireless
The taking of a default judgment
Not responding to any communication with a creditor or
collection agent is usually a bad idea and not responding at
this late stage in the proceedings to the summons is a very bad
idea. By failing to present your case you will have given the
collection agents an open invitation to request a
default judgment. Once this is issued, your
property ownership rights will be substantially compromised;
the door will then have opened for an invasion of your privacy,
comfort and dignity. credit security service union
Your rights:
Remember, should you fail to respond to the courts summons
you will be giving up your right to defend yourself. Always
respond to the summons because even where you clearly owe the
money you will often be able to avoid judgment, and at least
ensure that the Magistrate imposes reasonable repayment terms.
It is usually best to approach an attorney to represent you,
however, if for any reason you cannot afford an attorney, make
the effort to represent yourself. Magistrates are often helpful
and they are also human, so there is no need to fear them so
long as you show them the respect they deserve. credit report service
Enforcing the default judgement
In effect, a judgment can seem like a long-term sentence of
severe financial restriction if you do not, or cannot, take
action to clear up the mess. This legal ruling will be reported
to the major credit bureaus and they will list the magistrates
order on your credit record. If you do not
take steps to get this account settled and the judgment set
aside or rescinded, the listing will remain on your
credit record for the next 5 years. blogspot com christian
At this stage of the game you must either: christian counseling credit
-
Forget about financing anything else for at least five
years, or credit federal service union
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Find money to offer in settlement and ask a professional
debt settlement expert to negotiate a deal which must
include the rescission of your judgment. It is extremely
important for you to work through a professional at this
stage. Many thousand of debtors have tried to sort out
judgments on their own, made payment, then found that the
listing has remained on their credit record. In effect,
leaving them no better off financially! credit monitoring service
1 Credit Report. Make payment of R79 either by credit card, direct deposit or bank transfer. Verify your identity by faxing your signed Permission form and a copy of your ID to us. ExperianTransUnion ITC You have 2 credit reports, one with each credit bereau. The information on each report can be very different, so it is very important to review both credit reports and credit scores regularly.