Credit repair in South Africa has become a formidable industry. Only ten years ago, one needed an attorney to improve one’s credit record.…
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As Consumer Law, Credit and Insolvency Law Attorneys, Campbell Attorneys have assisted you, the South African consumer for more than 15 years to enforce your Consumer Rights and your Credit Rights.
Consumers continue to benefit from our expertise in applying Consumer Law for Consumer Protection, Credit Law for Consumer Protection and Debt Mediation for Consumers’ Benefit. This includes, debt mediation, debt negotiation and insolvency, as well as credit report restoration and removal of adverse listings, setting aside of judgments, cancelling of debt review, setting aside administration orders and more.
Our services are focused on the understanding that access to credit for consumers is an essential part of the modern economy, and that access to credit, being entrenched as a statutory right, is essential to the modern consumer’s welfare.
If your credit report requires restoration in order to boost your credit score, then we can assist. Your credit report may contain negative information, but not all credit report data can be corrected, or removed. You can however depend on our extensive experience in removing and correcting negative credit report information to ensure your credit report is restored. This includes and is not limited to: rescission and cancellation of administration orders; cancellation of emolument attachment orders; cancellation of debt review, including setting aside of debt review court orders. Where necessary—and where the consumer has the relevant grounds—we also assist with the rescission of Magistrate and High Court judgments and removal of these from your credit reports.
Our debt relief offerings include sequestration (also known as voluntary surrender), debt mediation and negotiation, and we also offer rehabilitation after sequestration, once your circumstances have improved and you meet the relevant legal criteria. If you find yourself being harassed by debt collectors for old debt, that might be prescribed, or you are being threatened with repossession of your vehicle or your property, then you can lean on our experience in consumer credit law.
We further provide assistance with consumer matters such as the purchase of defective goods or services, disputes relating to consumer agreements, and their termination.
In short, our legal practice is focused on the protection, enforcement, and realization of consumer rights as established in South African Insolvency Law, Credit Law, and Consumer Protection Law.
We provide honest and transparent advice and solutions, recognizing the sensitivity and complexity of financial distress and impaired credit reports. Our aim is to deliver the best possible outcomes and services, benefiting thousands of consumers throughout South Africa, including expats living abroad.
Where possible, legal fees are set and disclosed upfront following a preliminary assessment. If legal assistance is provided, fees and payment terms are agreed upon and documented in writing. We also offer the option of monthly fee payments via debit mandate at no extra cost.
Our focus is on protecting, enforcing, and realizing consumer rights under:
Credit repair in South Africa has become a formidable industry. Only ten years ago, one needed an attorney to improve one’s credit record.…
What to Look Out for When Shopping for Credit Understanding Credit Under the National Credit Act The noun “credit” is strictly defined in…
(as extracted from Nicky Campbell’s Chapter 6, “The consumer’s rights and credit provider’s obligations”, in The Guide to the National Credit Act by…
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.
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. 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. 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. 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. find out more
In terms of the National Credit Act 34 of 2005, you are entitled to a free credit report once a year. We can correct and remove inaccurate or adverse credit listings, such as prescribed debt, paid up judgments and unlawful judgments, and many more from your credit reports as held with credit bureaux, such as Transunion, Experian, XDS and VCCB.
Debt counselling can be cancelled and the debt review notice can be removed from your credit reports, even before all accounts are paid up. To qualify, a court application must prove you can resume paying original contractual amounts. The resultant court order notifies credit providers and credit bureaux that the process has been terminated and confirms you are no longer over-indebted, and therefore the debt review notice must be removed from your credit reports. find out more
If you were were previously declared insolvent through a sequestration order can apply to court for rehabilitation after sequestration. Alternatively, the Insolvency Act allows for automatic rehabilitation after a set period. Once successfully rehabilitated, you regain your financial and legal status, enabling you to enter credit agreements again. find out more
To set aside an administration order, an application must be made to the Magistrates’ Court that initially granted the order. The application must prove improved financial circumstances. The court will assess the application and, if satisfied, will issue an order rescinding the administration status, which can then be removed from your credit reports. find out more
A High Court judgment can only be set aside under specific circumstances, and each case requires individual assessment. Typically, rescission applications must prove there was legal error in the granting of the judgment. Tis may include lack of proper notice before the judgment was granted, or an ongoing dispute over the validity of the amount being claimed, and any procedural irregularities in obtaining the judgment. find out more
What is a garnishee order? When can it be set aside? Can a garnishee be reduced?… 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.
Who is a consumer? Who can be held accountable in terms of the Consumer Protection Act, for services rendered or goods sold?… 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… Find out more
Seven inalienable rights bestowed upon South African consumers, by the Consumer Protection Act, and how these rights can be protected…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… find out more
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