A summary of consumer rights under the National Credit Act (NCA)

A summary of consumer rights under the National Credit Act (NCA) as extracted from the “DIY Credit Repair Toolkit”:

Right Description / Key Provision NCA Section / Regulation
1. Right to Apply for Credit Every adult natural person, juristic person, or association has the right to apply for credit. Section 60
2. Right to Reasons if Credit Declined You may request reasons for a declined credit application, reduced credit limit, refusal to renew or increase a facility, or higher interest rate than expected. Section 62(1)(a)-(d)
3. Right to Access Credit Information You may obtain one free credit report per year from each registered credit bureau. Section 72(1)(b)(aa)
4. Right to Dispute Incorrect Credit Information You may dispute any inaccurate or unrecognized information on your credit record. The bureau must investigate and respond within 20 business days. Section 72; Regulation 20(2)
5. Right to Privacy and Consent Credit providers and bureaus must obtain your consent before accessing or sharing your credit record, except when required by law or court order. Section 68(1)(b); Section 72(2); Regulation 18
6. Right to Fair and Non-Discriminatory Treatment Negative inferences may not be drawn simply because a person has no credit history. Section 70(2)(h)
7. Right to Accurate and Relevant Information Certain personal data — such as race, religion, medical history, political views, or sexual orientation — may not appear in credit records. Regulation 18(3)
8. Right to Rectification and Removal of Incorrect or Prescribed Listings You can demand removal of a listing if you didn’t receive notice before it was placed, or if the debt has prescribed (no payment/judgment for 3+ years). Section 72(1); Regulation 19(5)
9. Right to be Notified Before Default Listing Credit providers must give at least 20 business days’ written notice before submitting a default listing. Section 72(1); Regulation 19
10. Right to a Statement of Account You are entitled to a detailed statement showing how a claimed debt amount is calculated. Section 108 (referenced in practice)
11. Right to a Clearance Certificate After full payment of debt review obligations, you are entitled to a clearance certificate. Section 71(2)(b)(i)
12. Right to Refer Disputes or Complaints You may escalate unresolved disputes to the National Credit Regulator (NCR) or the Credit Information Ombud. Section 72(4); NCR complaint process
13. Right to Protection Against Overcharging (In Duplum Rule) Interest and fees cannot exceed the unpaid capital once you default. Section 103(5)
14. Right to Fair Employment Practices Employers may only use credit reports for positions of trust, honesty, or financial responsibility. Section 70(2)(g); Regulation 18(4)(c)
15. Right to Terminate Debt Review (in certain cases) Consumers may apply to court to exit debt review once obligations (excluding home loans) are settled. Section 71A (Amendment Act)

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