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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1294
Experience:  BCom; LLB; Masters in Law
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I have ben listed by nedbank on SAFPS How do i proceed to

Customer Question

Hi I have ben listed by nedbank on SAFPS
How do i proceed to have my name removed? They have not instituted criminal proceedings and its been a year now
Submitted: 1 year ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 year ago.

Hi there and thank you for your question,

I would suggest that you contact the SAFPS to request that your name and details be removed for the reasons that you set out above.

Help-Line: 0860 101 248
Telephone: +27(0)11(###) ###-####
Fax: +27(0)11(###) ###-####br />E-mail: *****@******.***

Otherwise, you should perhaps ask an attorney to draft a letter to Nedbank requesting their advices as to why your name was originally listed, and requesting advices as to why they won't agree / consent to the removal of your name. You could perhaps add in to the letter that you will sue Nedbank for damages if they don't remove your name, as you haven't been proven guilty of anything, and that you being listed is hampering your business.

If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the SMILEY FACES to rate my answer and then click the GREEN ACCEPT button to accept the answer.

Good luck and best regards,

CaseLaw

Please note: This answer does not create an attorney-client relationship. Please consult a local attorney in person for legal advice. This information is being provided so you can better discuss legal matters with your attorney.

Customer: replied 1 year ago.
How long does such a listing stay on one's profile? If the listing institution is not proceeding with prosecution how are they entitled to uphold the listing? What is the success rate of challenging the institution?
Expert:  CaseLaw replied 1 year ago.

How long does such a listing stay on one's profile? --> previously it was forever. But now they are registered as a credit provider, so I think that the maximum is 5 years.

If the listing institution is not proceeding with prosecution how are they entitled to uphold the listing? --> They can list you for any number of reasons, primarily because of "suspected fraud". That does not mean that you need to be convicted of fraud. e.g. you used a fraudulent pay slip to apply for a loan. Nobody is going to convict you of doing that, but you will be listed as a fraudulent activity.

What is the success rate of challenging the institution? --> I have no idea. Typically people end up getting listed because their ID books are stolen, and the thief pretends they are them and applies for credit. You would then be listed, but once you contact them to advise that your ID book had been stolen, they remove your details.

Expert:  CaseLaw replied 1 year ago.

Hi there again,

I hope that you understood the above advice and that it was useful? Please leave positive feedback for me.

If you have a further question please ask it?

Regards

CaseLaw