Schulenburg Attorneys review: The Worst of the Worst 2

So I took my son to Intercare in Nov 2021, I though that the medical aid covered it as I never received an statement or anything from Intercare after the consultation. Now Schulenburg Attorneys have been harassing me since beginning of the month regarding the payment of R 644.00. I told them I will pay the bill of R 324.21 what I owe Intercare, but refuse to pay the rest as I never received any formal notice that there is an outstanding amount. Now this morning they sent me an sms stating they have listed me on the Credit Beraeu as a bad payer. Firstly I told them will pay end of the month, and I spoke to Ms. Venter as the Attorneys office she was rude and even rude to my mother when she couldn't get hold of me. But because they decided I need to pay it immediately otherwise they are going to to start legal proceedings and sent me a Summons attached to the e-mail, I have to jump.

But what I also want to know is according to unlawful conduct of debt collectors it says:

Listing on ITC

A consumer can only be listed with ITC or any other credit bureau if the provisions of the National Credit Act have been complied with by the service provider in sending the consumer a notice advising the consumer that if they don’t pay within a period of 28 business days, that consumer will be listed on the relevant credit bureau. This letter also needs to contain certain warnings to the consumer that allows the consumer to understand and exercise its other options in law (such as, if the consumer is over indebted, to apply to a debt counsellor for assistance).

If the applicable notice with the relevant warning has not been sent to the consumer, or the relevant period of time has not elapsed, listing on any credit bureaux is unlawful. Note further that strictly speaking only debt that is unpaid in relation to agreements that constitutes “credit agreements” in terms of the National Credit Act can be reported to the credit bureau. There are many types of agreements that do not fall within the ambits of the National Credit Act such as residential leases. However the listing system is often abused and consumers would do well to know in which instances it is unlawful for a supplier to list you when dealing with a threat of being listed.

So where is my 28 days notice?

Harassment and Intimidation

Harassment occurs when a debt collector continually contacts a consumer in relation to the same debt, when that consumer has already paid the debt, explained to the debt collector that the debt has been disputed and has given the debt collector proof of same, or has referred the debt collector to his or her attorney. Harassment can also occur when a debt collector continuously contacts a consumer for payment outside of the lawful times to do so, and/or makes persistent threats of further legal action which are not carried out. Intimidation occurs when a debt collector threatens a consumer in order to induce that consumer into making payment of debt concerned. However this only constitutes intimidation if the threats result in the consumer paying the debt which otherwise the consumer would not have paid because that debt is disputed. Both of these kinds of conduct are prohibited in terms of the Debt Collectors Act, as well as in terms of our common law. Such conduct can be reported to the Debt Collectors Council or your local police station, which should then open a case and investigate the matter for you. In extreme cases of harassment and intimidation a protection order or a restraining order can be obtained against the person harassing or intimidating you. If the prosecution services find enough evidence of the debt collector committing the crimes of harassment and intimidation, then the debt collector may also end up with a criminal record for its conduct.