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If you are being contacted by Shackleton Credit Management or Lynn & Main Attorneys, read this to protect yourself from their "cunning" legal traps. They operate a debt-buying tag-team that exploits consumers who don't know the law.
THE TACTICS THEY USE: 1. THE "GHOST" SUMMONS: One of their most cunning tactics is issuing a summons to an old address (your "domicilium" from years ago) where they know you no longer live. By doing this, you never receive the papers, you don't defend the case, and they get a "Default Judgment" against you behind your back. 2. THE PRESCRIPTION TRAP: They buy "junk debt" (old credit cards/loans) that is 5, 10, or even 15 years old. Legally, most debt expires (prescribes) after 3 years. They will bully you into a "small payment" or "settlement." DO NOT DO IT. Any payment or written admission restarts the 3-year clock on expired debt. 3. THE LEGAL BLUFF: Lynn & Main acts as the "in-house" legal arm. They use aggressive legal letterheads to create a sense of panic, making demand letters look like court summons to trick you into a payment plan. 4. INFLATED FEES: They often add massive "collection commission" and legal fees that can double the original amount.
HOW TO PROTECT YOURSELF: - DO NOT acknowledge the debt over the phone. - CHECK YOUR CREDIT REPORT: Check ClearScore or TransUnion regularly. If they’ve taken a "Ghost Judgment" against you at an old address, it will show up there first. - DEMAND PROOF: Tell them: "I do not acknowledge this debt. Provide a full statement of account and proof that this debt has not prescribed." - RAISE PRESCRIPTION: If you haven't paid or acknowledged a debt for 3 years (and no summons was served to you personally), it is likely prescribed. Under Section 126B of the NCA, it is ******* for them to collect prescribed debt.
WHO TO REPORT THEM TO: If they harass you, attempt to collect expired debt, or serve summons to outdated addresses maliciously, lodge a formal complaint with: 1. National Credit Regulator (NCR): For ******* collection of prescribed debt (ncr.org.za). 2. Council for Debt Collectors: For ********* behavior and harassment (cfdc.org.za). 3. Legal Practice Council (LPC): To report misconduct by Lynn & Main Attorneys regarding their "cunning" summons tactics (lpc.org.za). 4. Credit Ombud: To dispute any ******* listings or judgments (creditombud.org.za).
Knowledge is your best defense. Don't let their legal muscle intimidate you into paying debt you don't legally owe.
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