Consumer Law, Credit Law and Insolvency Law - Assisting Clients Across South Africa
Campbell Attorneys assist consumers throughout South Africa and expats abroad with consumer, credit law and insolvency matters. Our areas of legal practice focus on the protection, enforcement and realization of consumer rights and credit rights as entrenched in the National Credit Act 34 of 2005, the Consumer Protection Act 68 of 2008, and the Insolvency Act 34 of 1936.
Some examples of the legal assistance we provide:
- sequestration,
- rehabilitation after sequestration,
- cancellation of administration orders and emolument attachment orders,
- judgment investigations,
- debt settlement negotiations and
- general enforcement of consumer rights such as the purchase of defective goods or services, or disputes relating to consumer agreements and the termination thereof.
A niche area of our practice is focused on applying to court on behalf of consumers, to cancel debt review and to remove the debt review status from their credit reports. This entails launching of the appropriate court application which depends on the following:
– Whether the debt review is subject to a magistrate’s court order granted by a magistrate’s court in terms of section 86(7)(c) of the National Credit Act 34 of 2005;
– Whether the debt review is subject to a consent order granted by the National Consumer Tribunal in terms of section 138 of the National Credit Act 34 of 2005;
– Whether the debt review is subject to neither a magistrate’s court order or consent order.
Contact us for a non-obligatory assessment of your case. Our professional staff has over 20 years’ experience in consumer, credit and insolvency matters, and Campbell Attorneys has now been rendering such services for over 15 years. Our reputation is therefore our guarantee.
OUR SERVICES INCLUDE:
Your credit record is essentially a detailed report on how well you manage your credit. In terms of the National Credit Act 34 of 2005, consumers are entitled to free copies of their credit reports once a year. It is advisable that one obtains their credit reports from at least four of the major credit bureaux, namely Transunion, Experian, XDS and VCCB, as consumer credit information, contained in credit reports, can vary amongst the different credit bureaux. If you already have your credit report and would like a non-obligatory credit repair assessment or if you want help to get your credit report then email: info@legalrights.co.za Click Here to find out more.
Debt review cancellation and removal entails the rescission of the court order that enforces the debt review, or where a court order is not in place, the consumer can apply to be declared to be no longer over-indebted. Circumstances change and consumers may find debt review is not working for them or it is just not necessary anymore. We have assisted and continue to assist many with the cancellation of the debt review process. Click Here to find out more.
Rehabilitation by the court brings an end to the sequestration process and the insolvent is then deemed to be rehabilitated once the rehabilitation application is granted. The rehabilitated applicant will no longer be legally prohibited from obtaining credit and can hold positions such as a company director, a position that could not have been held had the insolvent not become rehabilitated. An insolvent is automatically rehabilitated by the “passage of time” which is currently after 10 years (calculated from the date of sequestration) or by application to court prior to the passage of time. Click Here to find out more.
The National Credit Amendment Act essentially made redundant the necessity to rescind a judgment that is “paid up” as a paid up judgment can be removed by the credit bureaux without it being rescinded or set aside. As High Court judgments are typically taken for amounts that exceed R100 000.00 and are seldom immediately “paid up” after the judgment is granted, the need to rescind a High Court judgment often arises where the arrears relating to the High Court judgment have been “paid up” and the consumer wants the judgment off his or her credit report. The requirements to rescind and cancel a High Court judgment differ from the requirements of rescinding and cancelling a magistrate court judgment. Click Here to find out more.
The legal process to stop an administration order for debt repayment to an administrator who is then responsible for distributing the debt repayment to the debtor’s creditors entails the rescission of the court order that enforces the civil debt administration. We are experts in the rescission of administration orders. Click Here to find out more.
We assist individuals and employers with the identification of possibly fraudulent ‘garnishee orders’, as well as the cancellation or rescission of EAO’s (Emolument Attachment Orders) and in some instances, with the recovery of monies paid as a result of such fraud. Click Here to find out more.
Our attorneys assist with debt negotiation, sequestration, and obtaining debt write-offs. We also provide solutions for over-indebted consumers who either do not wish to undergo debt counselling or cannot afford debt review repayments. Click Here to find out more.
Voluntary sequestration, also known as voluntary surrender or bankruptcy, is an alternative to debt counselling, providing a once-off solution by effectively writing off 80% of the debt. Click Here to find out more.
Creditors often allow discounted repayment of old debt. Negotiating a settlement requires acute knowledge of debt collection practices, including the ability to challenge and write off debt that is not lawfully collectible, for example prescribed debt, or unlawful credit agreements. Click Here to find out more.
Liquidation of a company requires a court-approved process to wind up the financially distressed company. Assets are traced, sold, and the proceeds are used to pay creditors first, with any remaining funds distributed to shareholders. Unlike deregistration, it provides a structured resolution under the Companies Act. Click Here to find out more.
Reckless credit, a concept introduced by the National Credit Act, is designed to protect consumers against unscrupulous credit providers, who ‘push’ credit products onto consumers. Reckless credit is the result, when creditors grant credit without proper affordability checks. This leads to financial distress for consumers, but consumers can challenge such credit. Click Here to find out more.
The Consumer Protection Act empowers you to take action if you’ve received faulty goods or defective services. Whether it’s a defective product, poor workmanship, or misleading advertising, you have the right to recourse and fair treatment. Click Here to find out more.
Who is a consumer? Who can be held accountable in terms of the Consumer Protection Act, for services rendered or goods sold? Click Here to find out more.
What goods and services are covered by the Consumer Protection Act and also all about transactions as defined by South African consumer law. Click Here to find out more.
Seven inalienable rights bestowed upon South African consumers, by the Consumer Protection Act, and how these rights can be protected. Click Here to find out more.
The Consumer Protection Act defines who is allowed to seek relief from the courts or any other regulatory protection agents, such as the National Consumer Commission and National Consumer Tribunal. Click Here to find out more.
RESOURCES
How to File a Complaint with the Debt Collectors Council
Updating of a Consumer’s Debt Review Status once the Debt Review withdrawal judicial process is complete
How To Apply for Protective Registration Against Future Fraud if your Identity Book Or Passport is stolen or lost
A summary of consumer rights under the National Credit Act (NCA)
How Should I deal with Debt Collectors
What to know when settling an account that is on your credit report
GET IN TOUCH
Need legal support or have a question? Our team is here to help. Contact Campbell Attorneys today for trusted advice and expert assistance in Consumer, Credit, and Insolvency Law.