By GRACE CHAILE-LESOETSA
A LUSAKA lawyer has sued Carnival Furniture (Zambia) Limited in the Lusaka High court for wrongly listing him as a delinquent debtor on the Credit Reference Bureau (CRB) .
Mr Andrew Mushibwe is seeking damages for negligence, damages for breach of confidentiality, damages for violation of the Credit Data (privacy) code and damages for loss of opportunity.
He is also seeking damages for injury to financial business reputation; damages for injury to personal reputation and any other reliefs the court may deem fit. In a statement of claim filed by his lawyers L.J Michaels Legal Practitioners, Mr. Mushibwe stated that he is a legal officer in an eminent investment company and a highly respected senior member of society with a senior and highly revered position in the church.
Mr Mushibwe stated that he was a holder of a credit account no. 051-00508-08 with Carnival Furniture ( Zambia) Limited until August 1, 2019.
He stated that he completed servicing his account with the defendant on August 1, 2019 upon payment of a final installment of K14, 800, signifying the close of his account.
Mr Mushibwe stated that upon making the said final installment, he was issued with a receipt and a statement of account by the defendant both documents confirmed that his account with Carnival Furniture (Zambia) Limited was settled in full.
However, on or about August 23 2019, the defendant proceeded to list Mr Mushibwe on the CRB without notifying him of its intention to do so.
He stated that around January 2020 he begun the process of obtaining two loan facilities being a personal loan and a mortgage from his bank First National Bank (FNB) and the bank proceeded to conduct a search on the CRB to determine his credit worthiness.
It was during search the bank discovered that the plaintiff was listed as a delinquent debtor.
Mr Mushibwe stated that owing to his delinquent appearance on the CRB , FNB declined to grant the two loan facilities and on about January 13, 2020 he requested a report from Transumion Africa, a credit reference agency reflecting his status on the CRB.
Mr Mushibwe stated that on January 13 2020 he immediately approached the Carnival Furniture ( Zambia) Limited’s Manda Hill branch with the query and in response the officers acknowledged that the defendant had erroneously listed him on the CRB.
But in its defence, Carnival Furniture ( Zambia) Limited denied the allegations and said Mr Mushibwe was still a credit holder on account no 051-00508-08 which credit account was still running todate.
It stated that Mr Mushibwe purchased goods worth K61, 300.00 on hire purchase and agreed to pay for the same within the period of four months and it was agreed that the same would be paid without interest on condition that he fully serviced the same within four months but he failed to do so.
Carnival Furniture (Zambia) Limited alleged that Mr Mushibwe used his position to coerce its employee to give him a huge discount which he was not entitled to which was reversed and as such they were entitled to recover payment of K27, 000.00.
It also made a counter claim against Mr Mushibwe seeking for the court order for payment of K 27, 000 being in respect of the reserved credit and also interest on the same amount at current Bank of Zambia lending rate from May 19, 2020 until full and final settlement
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