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No more excuses... we know you got that letter of demand
01 April 2021  | Japie Kruger  | Download document

As always, technology has ensured that there is never a dull moment.

With the new and exciting development regarding registered letters of demand being sent by registered email, consumers can no longer use the excuse that they did not receive their letter of demand.

In a ground-breaking judgement, the High Court in Pretoria has very recently accepted the digitally registered delivery of a Section 129 final letter of demand for payment as the basis for granting a default judgment. In the past, consumers received these notices through registered post, with many claiming never to have received it. However this method of correspondence can now be replaced by a letter of demand that's sent and received digitally.

As we all know, a letter of demand through registered e-mail or registered SMS is much more difficult to ignore, as it is sent directly to  our cellphone number or e-mail address. This means that it can reach us wherever we are, without us ever having to visit the post office. As the plaintiff argued in this recent case, the digital sending and receipt of a letter demand allows for consumers to get the information that they need to make payment arrangements with the creditor, much quicker - which in turn avoids legal costs and negative credit ratings.

In addition, the technology of today allows for an instant electronic certificate and detailed audit report to be issued as evidence that the relevant communication had been sent and delivered by SMS or e-mail – providing exactly the same legal status as traditional registered post.

It can even go further to actually show the sender that the recipient actually read the notice. A consumer can therefore not use the excuse anymore that they never received the notice, which will ensure that there are no more unnecessary delays in litigation.