What’s a debt collector’s favourite threat? “We’re going to ‘blacklist’ you on the credit bureau.” And while that might be a valid threat when it comes to current debt, it’s illegal for a credit provider or its debt collectors to list a prescribed debt.
What is a prescribed debt? According to the Prescription Act, if, in the past three years, you have not made any payment towards settling a debt, acknowledged owing the debt in any way – including over the phone – and you have not agreed to pay it, or been summonsed in respect of it, it has prescribed, and you can raise this as a defence when asked to pay a prescribed debt. This excludes mortgage debt, taxes and any state-related debt such as a TV licence.
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