Has this debt been prescribed?

23 February 2015 - 14:21 By On Your Case with Wendy Knowler
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Cellphones
Cellphones
Image: ©nenetus/shutterstock.com

Ashwin Hemraj took out a cellphone contract in 2008 but stopped paying after he lost the phone.

“I didn’t have a debit order - I used make monthly payments myself. Recently I have been getting SMSs from a law firm, demanding that I pay. I replied that the debt has prescribed and unless they can prove otherwise, they should close my file.”

Question: “Is that legal or am I liable to pay?”

Wendy's answer:

The debt has indeed prescribed if in the past three years you have not acknowledged the debt in any way, made a payment or a promise to pay, or been summonsed in respect of the debt.

However, losing the phone was no justification for not continuing to pay for it at the time, and you were essentially paying it off during the contract period.

NEED HELP?

You can contact Wendy Knowler with your consumer issues via email: consumer@knowler.co.za or on Twitter: @wendyknowler

 

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