Wednesday, 17 April 2013

Debt Collectors' – Lack of Rights

All rights reserved - without prejudice - without recourse - non assumpsit

As with the appointment of attorneys, a debt collector must get appointed by the rightful loan holder (credit provider).

Thus, if the debt has been sold into securitisation the loan holder has no legal right to appoint a debt collector. Thus its appointment is unlawful, its actions are unlawful and its engagement with you is unlawful. According to our research this applies to all loans made by banks in South Africa since around the year 2000.

It applies to home loans, car loans, credit cards, and possibly even overdrafts. Ask the same questions to the debt collector as you would ask a bank. e.g.
  1. Are you in possession of an lawful mandate authorising your appointment as debt collector?
  2. If, so is the person or persons authorising you to act, the credit provider, agent or other?
  3. The so-called debt in question has been sold into securitisation, therefore your appointment by mandate is unlawful and is a fraudulent misrepresentation of facts.
  4. Thus you appointment has no legal standing.
Further attempts to contact me shall be met with criminal and civil action being brought for the reasons stated above.

In Love and Honour and Integrity