Dear Sir, "WITHOUT PREJUDICE TO CLIENT'S RIGHTS"
We refer to the above matter and your e-mail of even date. In reply to your questions we advise as follows:-
Our firm was not initially instructed in the matter. However from perusal of the Bank's file, it appears that there are six Judgment Debtors in respect of this account. We note that our client was engaged in correspondence with Mr Hill's Trustees and in negotiations with the other Debtors over the years. We note further that a Warrant of Execution was issued against you, a copy of the Sheriff's non-service return is attached hereto. It appears that our client was unable to contact you and engaged the services of Tracing Agents to locate you, without success.
The fact of the matter is that a Judgment has been obtained against you and the Judgment is valid for a period of thirty years. The total balance owing in terms of the Judgment is an amount of R99 440, plus costs. The fact that you have not made payment for ten years does not operate to reduce your liability, on the contrary, Judgment interest is being added to your debt on a daily basis, which is why we are suggesting that you make a reasonable settlement or payment arrangement.
Your settlement offer appears to be relatively low given the above. We are therefore instructed to inform you that same cannot be accepted. We require you to submit a higher offer or a monthly repayment offer and to facilitate same require copies of your salary slips and income and expenses statements.
All of our client's rights remain reserved to proceed with further execution steps or a financial enquiry into your affairs at the Germiston Magistrate's Court in the event that this matter is not resolved in an amicable manner.
We await to hear from you.
Yours faithfully,