Diners Club: Unacceptabe Service Standards

Dear Diners Club Attorney Sim******* Nor******,

I refer to your email below, as well as your previous correspondence dated 19 March 2026.

While I acknowledge the arrears position reflected on the account, I place on record that any alleged missed payment in February 2026 was neither deliberate nor due to negligence. During that period, I was the victim of cellphone theft, which resulted in a SIM swap and loss of access to my banking profile. This necessitated a full reconfiguration of my account and resulted in the loss of beneficiaries, which directly contributed to the missed payment.

This remains an isolated incident against a consistent payment history spanning approximately five (5) years, during which I have honoured my obligations in good faith.

Notwithstanding the above, I formally dispute the manner in which this matter has been handled and escalated. In particular:

No prior adequate notice was given to me drawing attention to the alleged missed February 2026 payment.

At no stage in your correspondence dated 10 March 2026 was the alleged default clearly communicated, thereby denying me the opportunity to remedy the same.

The sudden handover of my account to attorneys for a single missed payment, without affording me a reasonable opportunity to rectify the default, is unreasonable and appears contrary to the provisions and spirit of the National Credit Act, 34 of 2005 (“NCA”).

In terms of Section 129 of the NCA, a credit provider is required to provide proper written notice of default and propose that the consumer refer the matter to a debt counsellor, alternative dispute resolution agent, consumer court, or ombud, prior to enforcement action. Kindly confirm:

1. Whether a Section 129 notice was issued to me

2.The date of such notice; and

3.Proof of delivery thereof.

Absent compliance with Section 129 (read with Section 130), any enforcement action or handover is premature and potentially ********.

Further, I note that I have historically effected payments around the 1st of each month over a prolonged period, without prior written objection or enforcement regarding the 27th billing cycle date. The retrospective reliance on this cycle date only after handover raises serious concerns regarding procedural fairness and account administration.

Notwithstanding my dispute, I have acted in good faith and have since settled the February 2026 arrears.

In addition, and in terms of my rights under the NCA and common law, I hereby formally demand the following documentation:

A complete copy of the original signed credit agreement.

A full and detailed statement of account.

A copy of the Section 129 notice and proof of delivery.

Proof of mandate and/or cession confirming your legal standing to act on behalf of the credit provider.

Take notice that, pending receipt of the above and proper verification thereof, I dispute the validity of the handover and reserve all my rights, including but not limited to referring this matter to the National Credit Regulator and/or the relevant Ombud.

I trust that this matter will now be addressed with the seriousness it warrants and that consideration will be given to the immediate withdrawal of the handover, given my payment history and the exceptional circumstances outlined above.

Kind Regards V*****G**********