Many people are shocked to discover that they’ve been listed negatively by a bank at the credit bureaus, especially when the debt in question is very old and no longer enforceable. If the claim against you has prescribed, the listing should not be there. But how do you go about fixing it?

Here’s a simple guide to help you understand your rights and the process to follow. I credit our very capable colleague, Nicky Campbell, who assisted me with this blog,

What Is a “Prescribed” Debt?

In South Africa, most debts prescribe (become unenforceable) after three years, provided:

• No payments were made during that time.
• You didn’t admit to owing the debt.
• You weren’t summonsed.

If a debt has prescribed, the bank is not allowed to submit this information to the credit bureaus. Regulation 19(5) of the National Credit Act (NCA) says prescribed information must not appear on your credit record.

Importantly, you don’t need a “prescription letter” to start the process. The credit bureau must have proof that the listing is lawful. If they don’t, they must remove it.

Step-by-Step: How to Dispute a Listing

The dispute process is set out in section 72(3) of the NCA, read with Regulation 20(2). It’s free and fairly simple:

1. Contact the Credit Bureau

Start by getting in touch with the bureau that listed you (such as TransUnion, Experian, or XDS). Ask them how to submit a dispute as the exact process may differ slightly between companies.

1. Submit Your Dispute

You will usually need to provide:

1. • A certified copy of your ID.
   • Proof of residence or other FICA documents.
   • A description of your dispute, stating that the debt is prescribed.
2. The Bureau Investigates

The bureau must investigate your dispute at no cost to you. During the investigation, the negative information is flagged so lenders can see it is under dispute but cannot use it against you.

1. Timeframe and Outcome

Within 20 business days, the bureau must either:

1. • Provide credible evidence justifying the listing; or
   • Remove the information entirely if they cannot justify it.

What If the Bureau Doesn’t Remove It?

If the credit bureau insists on keeping the listing after providing supporting documents, and you still disagree, you can take the matter further:

1. Go to the Credit Ombud

The Credit Ombud is an independent office that helps consumers resolve credit disputes. It’s free to use and covers issues like incorrect or unfair listings. You can lodge a complaint directly with them.

1. Complain to the National Credit Regulator (NCR)

If you believe the credit bureau or the bank broke the rules of the NCA, report them to the NCR. They can investigate and even take enforcement action if your rights were violated.

1. Take Legal Action

As a last resort, you can go to court and ask for an order to remove the listing. This route may involve legal costs, but it is worth considering if the listing is unlawful and harming your financial standing.

Final Tips

• You have the right to see any evidence used to justify the listing.
• Even if documents are supplied, the listing might still be unlawful — for example, if the debt is prescribed, no notice was given, or the records are incomplete.

Knowing your rights is the first step to clearing your name. Don’t be afraid to challenge what’s unfair.