January 2010 mommies

M2B Dont stress, you can sort this out quick, quick...
we may need that attorney of yours yet

if the bills were for March 07 and there has been no contact since then, chances are that the debt has already prescribed, in terms of the prescription act (www.mangaung.co.za/docs/Prescription-Act.pdf) you can then have it written off, if they haven't taken judgement by law they are not allowed to. Basically it means that they have 3 years in which to take action, if they dont take any action within that 3 years it is taboo, too bad so sad!

But please dont stress! Just take all the invoices and correspondence with you to the attorney and tell him that you have gotten some advice and that in terms of the prescription act the debt may have prescribed and let him investigate. Perhaps do a credit check on ITC to see if they took judgement.

Sorry he was in hospital March 2008!

The bills are for March 2007 when Logan was in hospital, If they cant claim on it then I will argue that rather that sequestration. This is why Im going to the laywer to hear what I can do! I did not make any payment arrangements with anyone! Havent made any payment on anything! No assets and nothing to sell.

R35 000 I can pay but R350 000 No ways I wont!
I know about the clause that states that I am responsible but I will argue what the hell was I suppose to do... let my child die?

jee wiz lolli, that sounds much more complicated than what i thought!! atleast your getting some good free advise m2b.

OK Elsa so is she atleast going to start by giving you your desk back??

M2B I am sorry to be the bearer of bad news, but even though the medical aid gave authorisation, the account ultimately remains your responsibility, there is normally a clause in the hospital/doctors terms and conditions that state that.
If you dont have any assets, apart from the car, I doubt whether he will advise you to sequestrate (you will need to show 10c for ever rand owed)

Hope you dont mind, but did you a favour quick and asked the boss (so you dont have to pay attorneys fees )
He said that your credit record will be totally screwed if you sequestrate, but with you current assets it is not viable.

So when did the debt occur? I take it it was for Logan, is it more than three years ago?
When last did you speak to the Dr's or Hospital about the debt, maybe if it is older than three years and you have not agreed on a payment arrangement or even made contact with them to confirm that it is your debt and that you will pay, one can get it written of in terms of the Prescription Act, but here is the deal, you must not admit it is your debt, or make any sort of payment for a period of three years, from the date that the debt became due and if it lapses they cannot collect on it.

Unfortunately I have nothing on my name except for my car and a cellphone account. House is in BF's name and I have nothing they can sell! If this means going to court then so be it! I will not go under administration cause I refuse to pay something off for 10-15 years and not being able to buy anything! Who knows in like 5 years BF and I want to buy a house together but cant because I am under administration???? There is no ways in hell! The laywer must advise me as to what to do. I dont have a portion of my salary to give to debtors! What is the use in working then? To pay off crap for the rest of my life? They have to write it off. NOT MY FAULT NOT MY PROBLEM! Where and how will I be able to settle R350 000 privately? Its not my debt, its my liquidated medical aid's debt! THe hospitals and drs can want all they want, they are not going to get! I will fight this really!

That is crap M2B. Sorry to hear you have to do that.