Outa: Debt collectors are masquerading as Sanral employees

The South African National Roads Agency Limited (Sanral) is acting illegally if it can’t carry through on legal threats contained in SMSes it is sending out.

That’s according to the Organisation Undoing Tax Abuse (Outa) in reaction to “numerous complaints from the public about a new round of threatening messages”.

The SMS reads: “We have noted your refusal to pay your outstanding e-toll balance. Your vehicle details are being submitted for listing‚ and legal action will commence with costs incurred. Call 087 353 1490 Ref …”

Outa said it had followed up on “whistle-blower information” and determined that “the number on Sanral’s ‘less60’ website‚ along with the number appearing on the intimidating SMSes‚ is being rerouted to a to a private collection agency‚ ITC Business Administrators”.

The “less60 website” referred to a warning Outa had issued last week about a message that both offered motorists a 60% discount if they settle their e-toll accounts immediately and a warns that the failure to do so “will result in a loss of this discount‚ vehicle listing‚ and collection action being commenced against you for the full amount due”.

Outa said that ITC Business Administrators “employees appear to have been instructed to misrepresent the nature of their employment”.

“The call centre agents taking the calls at the number listed indicated that they are employed by Sanral‚ when in actual fact‚ they are employed by ITC Business Administrators‚ who are a private registered debt collection agent acting on behalf of Sanral‚” said Outa.

It added that it had determined “that each agent questioned is actually registered as a debt collector employed by” ITC.

“Furthermore‚ the calls are all answered as ‘Sanral Violations Centre’‚ which strictly speaking they aren’t.”

Outa’s director of legal affairs Ivan Herselman said these “actions are in contravention of rule 5.3(b) of the Debt Collectors Code of Conduct‚ which reads: 'In collecting or attempting to collect a claim a debt collector shall not: misrepresent the true nature of his or her business‚ or threaten to institute legal proceedings‚ whether civil or criminal‚ if there is no intention to carry out such a threat'.”

“Unless Sanral are prepared to follow through with this threat‚ they may not send these messages. ” said Herselman.

"Furthermore‚ the minister of transport is on record in July 2014‚ saying that criminal action cannot proceed against e-toll defaulters. In addition‚ the regulatory environment is not in place to enable or enforce non-payment of e-tolls through legal action.

“This is gross misconduct as per the Debt Collection Act and its regulations.”

Outa reiterated that “the public need not fear these intimidating messages‚ as it believes there is no legal basis for enforcing the debt” and encouraged the public to “register their dissent to this harassment” on its website.