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Answer for The bank does not want to give me statements. What should I do?

Hi Daiyaan

Thanks for the questions.

Firstly, no credit provider may refuse to give you statements. It is your right by law to be given statements when you ask for it. I suggest that you go into a branch or visit the attorneys directly. They will have no other choice but to present you with statements when you are there in front of them. Also, if your balance is almost paid up, and you are able to settle it, do not forget to negotiate for a better settlement value. Once settled in full, ask them for a Paid Up Letter to serve as proof and confirmation that you do not owe them anything.

Have a look at the attorney cost that they have added to the account. Make sure that it is reasonable and take them on if they unreasonably inflated the balance.

Regarding your question about MTN. Debt can prescribe, which means that it basically expires. This type of debt will typically prescribe after 3 years. If you have not paid anything on the account for 3 year, have not acknowledged the debt for 3 years and they have not issued summons or made any attempt to collect the debt I am 100% sure that it has prescribed. It is important to remember that you as consumer must raise the defence of “prescription” in order to gain the benefit. If they contact you again via phone simply tell them the debt has prescribed and put down the phone. If they send you letters of demand, ignore them. the only thing you should act on is if they send you a summons. In that instance you will simply go to court and again raise your defence of prescription. The magistrate will have no other choice but to rule in your favour.

I also suggest that you pull in the help and expertise of an attorney should a summons be issued against you, just to make sure that MTN attorneys can’t catch you with some wise technicality.

Hope your questions have been sufficiently answered.

Kind regards