Question posted in the Consumer Protection Law category relating to Gauteng
Good morning. I hope you can assist me with my enquiry. Can a learning institution bill you for an account that is 6 years old? My brother received such a statement, and the campony wants him to pay it. We were under the impression it was fully paid. And the problem is also, ABSA does not keep archived statements for such a long period. So there is no way for us to trace it on our side. They have not contacted a dept collectors yet. No statements or notifications has been received previously to notify us of this. I have been there on multiple occasions, and nothing was said either. (I was his sponser). What do we do?
Message from the Attorney
Hi there,
I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.
A claim prescribes (is no longer enforceable) after a period of 3 years. So, if the company has not ISSUED A SUMMONS within the 3 year period of the original invoice, it has prescribed. You can therefore safely tell the company that you are not paying it, because it has prescribed, and that if they issue a summons now, you will file a plea to say that the claim has prescribed.
Att. Patrick
Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.