Many a debt-collection agency is in the business of buying books of bad
debt and then bullying an unknowing consumer into paying for a debt that has prescribed or expired. If you get a call from such a debt collector for a debt that you have little or no recollection for it’s best to be careful.
Don’t do anything if such a creditor or collector calls you. Do not acknowledge the debt, that is, do not admit that you owe the debt in writing or verbally or tacitly by making a payment. Ask for a statement detailing the amount owed and every fee and interest charge, which is your right according to the Promotion of Access to Information Act.
If the statement reveals that the last payment made to the account was over three years ago and in that time you have not acknowledged the debt and no summons has been issued, the debt has prescribed and you are not liable to pay for it. The Prescription Act, though, does allow collectors and creditors to attempt to claim back prescribed debt.
If you acknowledge that the debt is yours even after three years of not paying, the debt is revived and you are liable again. It’s up to you, the debtor, to declare that the debt has prescribed, not the creditor. Make this very clear in writing to the collector (that the debt has prescribed) and if he or she disagrees they must issue a statement detailing why it is not.
Challenge them to prove that the debt has not prescribed or to send you a summons so you can argue the case before a magistrate. If they fail to do this, they must close the account.