The right to be issued with a clearance certificate and the cancellation of the debt review process
(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 JW Scholtz, Jannie Otto, E Van Zyl, Corlia Van Heerden, and Nicky Campbell) Section 21 of the National Credit Amendment Act amended section 71 of the principal Act to provide as […]
The effect of Rougier v Nedbank on the cancellation of debt review
The National Credit Act 34 of 2005 essentially gives a consumer the right to apply to a debt counsellor for debt review if he is of the opinion that he is over-indebted. This right is entrenched in section 86(1) and gives a consumer an opportunity for debt rearrangement. The aforesaid cannot be deprived or limited […]