Removal of adverse listings

How to clear your name at the credit bureaus

Removal of adverse listings

By Roy Bregman
Bregmans Attorneys

BLACKLISTING

1.      Because of a lack of space on the data base of the credit bureaus, Judgments and adverse reports are deleted automatically after the lapse of 5 years or until a 5-year period has elapsed during which no further references to any defaults have been added to the record. Detail concerning Insolvencies and rehabilitations are retained for a minimum of 10 years.

2.      According to the CONSUMER CODE FOR CREDIT BUREAUS Credit bureaus are businesses, which procure, record, maintain and make available to contracted subscribers and/or the consumer concerned, information concerning the manner in which consumers conduct their credit and business dealings.

3.      The bureaus will record adverse listings in their records of individuals who have been handed over for collection, in instances where debts have been written off as bad, if a creditor has agreed to accept a compromised amount in settlement of its claim, where a creditor is reflected as a poor payer or for other good cause.

4.      To have the adverse listing removed at the very least you will have to pay the amount owing in full (or an agreed compromised amount) and then prevail upon the creditor to write a letter to the bureau concerned to delete the blacklisting. Creditors are not obliged to assist you, so do not offer to pay the balance or any other amount outstanding unless you have an undertaking in writing from the creditor that it agrees to remove the adverse report against payment.

5.      To be on the safe side, rather use an attorney to assist you. Although s/he cannot guarantee results, you do have the protection of the Law Society to back up her/his promises.

6.      There are many so-called credit repair organizations that will promise you the world, take your money and then fail to produce the goods. REMEMBER: THESE ARE NOT LEGALLY TRAINED INDIVIDUALS.

7.      If you feel that you have been unfairly blacklisted you can complain to the Business Practices Committee by writing to:

The Secretary
Business Practices Committee
Private Bag X84
Pretoria
0001

Or else write to the Credit Bureau Association for the attention of:

The Executive Director
Credit Bureau Association
P O Box 41887
Craighall Park
2024

This article has been written for information purposes only. We can assist with rescissions of judgments but not with the removal of adverse listings.