- 010 020 2159 | 011 616 2665
- 061 490 9492
- info@legalrights.co.za
Reviews
For us to be able to assist you with the improvement of your creditworthiness, or to establish why you have been denied a credit application, please complete the form below. We shall assess your enquiry respond in writing within 24 – 48 hours from info@legalrights.co.za. Should you not receive a response, you can email info@legalrights.co.za directly or telephone/WhatsApp 061 490 9492
1. The right to apply for credit
2. Why credit applications are declined
3. The right to reasons if a credit application has been declined
4. What it means not to have a credit score
5. What is a credit report
6. How to get a credit report
7. Can i be charged for a credit report?
8. What is in a credit report?
9. Information that cannot be recorded on a credit report
10. Can a credit provider access my credit report without my permission or insist that i obtain a credit record?
11. The right to dispute information on a credit report
12. How to dispute information on a credit report
13. What if a dispute outcome is unsatisfactory?
14. Listings that can affect a credit application
15. Payment profile information
16. Default listings and adverse listings
17. Magistrates court and high court judgment listings
18. How to check if a judgment was validly obtained
19. Notice Listings
20. Trace Alert Listing
21. Administration Order Listing
22. Sequestration Notice
23. Rehabilitation Notice
24. Collection information
25. Enquiry information
26. Debt counselling notification
27. Credit Report Data Retention Periods
You may want to read:
You have the right to apply for credit. This right is given to every adult person, juristic person and association of persons.
(Section 60 of the National Credit Act).
Your credit application can be declined on reasonable commercial grounds that are consistent with the credit provider’s customary risk management and underwriting practice.
(Section 60(2) of the National Credit Act)
This might be, for instance, if you cannot afford the credit that you have applied for or there is negative information contained in your credit report. Such negative information is colloquially referred to as “blacklistings”. There is no “black list”, only negative information contained in your credit report.
Check your credit reports for any negative information that may be affecting your right to apply for credit. See point 6 below details how to get your credit reports for free from the various credit bureaux.
You have the right to request the reasons that your credit application has been declined. The credit provider must let you know the dominant reason that your credit application has been declined.
(Section 62 of the National Credit Act)
You also have the right to request reasons in the following instances:
You are given a lower credit limit than you applied for;
(Section 62(1)(a) – (d) of the National Credit Act)
Your “right to reasons” does not oblige the credit provider to give you copies of your credit reports. You need merely be advised that your credit application has been declined due to negative listings contained in your credit records. Further, the credit provider is not automatically obliged to give you reasons as to why your credit application has been declined – you must specifically request such reasons from the credit provider.
If you have never made use of credit, you will not have a credit score. Before the National Credit Act became law, you could be denied credit merely on the basis that you do not have a credit score and therefore do not have a track record of being a responsible borrower. Today, a credit bureau is not allowed to draw a negative inference about, or to issue a negative assessment of, your creditworthiness on the basis that the credit bureau does not have any consumer credit information about you.
(Section 70(2)(h) of the National Credit Act)
A credit record is sometimes called a credit profile. Your credit record or profile represents your credit history. When printed, it can be called your credit report. Credit records contain personal information about you, any accounts you may have and how well you pay your accounts. Credit providers take your credit report into account when processing any credit application.
You have the right to obtain a copy of your credit report from each registered credit bureau once a year at no cost or charge.
(Section 72(1)(b)(aa) of the National Credit Act)
It is advisable that you get your credit records from at least two or three credit bureaux, as the information contained in your credit records could differ amongst the different credit bureaux. To get your credit reports you must contact the credit bureaux who may require a copy of your ID book, passport or driver’s licence. You may also be required to fill out a form giving the credit bureau permission to release the information to you.
Contact details for the four most commonly used Credit Bureaux:
Companies can act as agents. With your permission, they may directly obtain your credit reports from credit bureaux on your behalf and charge for this service. Many consumers use such companies for the sake of convenience.
Your credit report may contain any of the following information:
The following information may not be reflected on your credit report:
(Regulation 18(3) of the National Credit Act)
A credit provider must obtain your permission before accessing your credit reports. Credit bureaus may only report or release your consumer confidential information (which includes your credit report) to you or to any other person that you have given permission to receive it. Without your permission, a credit bureau may only report or release your credit record as directed by an order of a court or the National Consumer Tribunal or to the extent permitted or required by other national legislation or provincial legislation.
(Section 68(1)(b) of the National Credit Act)
A credit provider may not require or insist that you obtain or request your credit report from a
credit bureau when processing your credit application or making a financial assessment.
(Section 72(2) of the National Credit Act read with Regulation 18)
You have the right to dispute incorrect or unknown information that is contained in your credit report.
(Section 72 of the National Credit Act)
Examples of valid disputes:
The dispute process is as follows:
(Section 72(3) read with Regulation 20(2) of the National Credit Act)
Where you are not happy with the outcome of a credit bureau’s investigation into your dispute, you can refer the matter to the National Credit Regulator for investigation.
(Section 72(4) of the National Credit Act)
Referring your Complaint to the National Credit Regulator:
You can also refer your dispute to the Credit Information Ombudsman for further investigation. The Credit Information Ombudsman assists consumers and businesses that are negatively affected by credit information, including people who feel that they are incorrectly or unfairly “blacklisted”. The Credit Information Ombudsman can negotiate a settlement or make a ruling and their decision is binding on the credit provider and the credit bureaux. The process to lodge a complaint with the Credit Information Ombudsman can be found here: https://www. creditombud.org.za/complaints-process/
Should the credit provider, credit bureau or National Credit Regulator be of the opinion that your challenge of any particular information is frivolous, unfounded or unreasonable, an application may be made to the National Consumer Tribunal to limit your right to challenge information held by any credit bureau. Such an application is likely to be made if you have a history or pattern of challenging information that is subsequently found to be correct and credible.
(Section 72(6) of the National Credit Act)
Referring your Complaint to the Credit Information Ombudsman
via post:
Postnet Suite 444
Private Bag 1 Jukskei Park 2153
Physical Address:
Fernridge Office Park
5 Hunter Street Ferndale Randburg Email – ombud@creditombud.org.za
Call centre – 0861 OMBUDS (0861 662837)
Check your credit report to see whether any of the above listings reflect against you. Remember, it is the type of listing that will determine the course of action you must take to remedy the negative listing. The following types of listings can result in your credit application being declined:
Any payments that you miss on any of your accounts will be negatively reflected on your credit report. Credit data is not restricted to negative data. Accounts that you pay on time will reflect positively on your credit record. This positive and negative payment history is called payment profile information and is also often referred to as Credit Providers’ Association (CPA) data. Adverse consumer credit information contained in the payment profile represented by means of any mark, symbol, sign or in any manner or form were removed from the credit bureaux databases as at 1 April 2014 as per Regulation 2 of the regulations published in GNR144 in Government Gazette 36889 of 30 September 2013. However, the historical factual information pertaining to a consumer’s payment profile continues to reflect for 5 years as per Regulation 17(1).
Regulation 1 of the regulations published in GNR144 in Government Gazette 36889 of 30 September 2013 defines “adverse consumer credit information” as subjective classifications of consumer behaviour such as ‘delinquent’, ‘default’, ‘slow paying’, ‘absconded’ or ‘not contactable’ and enforcement adverse classifications related to enforcement action taken by the credit provider, including classifications such as ‘handed over for collection or recovery’, ‘legal action’, or ‘write-off’. Details and results of disputes lodged by consumers irrespective of the outcome of such disputes, and adverse information contained in the payment profile by means of any mark, symbol, sign or in any other manner or form, also fall within the ambit of the definition of “adverse consumer credit information”. Although the aforementioned Regulations provide for the removal of adverse consumer credit information as at 1 April 2014, the consumer remains liable to meet his/her obligations in respect of the credit agreement, provided that the account is validly enforceable and has not prescribed.
When you are in default with your payment obligations to a credit provider, the credit provider may have a summons issued. If you do not respond to the summons, the credit provider is likely to request the court to issue a judgment against you. The judgment, being an order of court, can then be used to force you to make payment to the credit provider. A judgment is valid and enforceable for a maximum period of 30 years and reflects on one’s credit report for a maximum period of 5 years.
Before a court can grant a judgment in favour of a credit provider, it must be satisfied that the credit provider issued and served a summons on you. Typically, the summons is served on your domcilium citandi et executandi, that is, the address that you provided in the credit agreement. Summons is served by the sheriff and does not have to be served on your personally as valid service includes affixing the summons to your domicilium citandi et executandi. To check if the summons was properly served, you can obtain the sheriff’s return of service that would detail where and when the summons was served.
Credit providers can only seek judgment within three years from the date when you defaulted on the account, unless you admit liability or make payment, thereby giving them another three years in which to seek judgment from the date of admission of liability. The limitation on how long creditors can wait before seeking judgment is set out in the Prescription Act 68 of 1969 and is commonly referred to as the “defence of prescription”. Credit providers often take judgment against consumers to ensure that the defence of prescription is not later raised by the consumer as a judgment is valid and legally enforceable for thirty years. The thirty-year period is calculated from the date on which the judgment was made an order of court.
A notice listing can either relate to an administration order or a sequestration order or a notice of rehabilitation.
An administration order granted against you will reflect on your credit report and negatively influence any credit applications that you make. Similarly, if your estate has been previously sequestrated, a notice of sequestration will reflect on your credit report and this too will have a negative impact on your right to apply for credit. The fact that you may have been rehabilitated after being sequestrated is also noted on your credit report.
In practice, credit providers may negatively view your credit application even in light of the notice of rehabilitation being recorded on your credit record.
A trace alert listing may be placed on your credit report by a credit provider or a third party acting on behalf of the creditor who has asked to be notified when any updated contact information is added to your credit report. This is typically done where the credit provider has not been able to contact you due to out-dated contact information that they have on record for you.
You may apply to court to be placed under administration if your debts are less than R50 000 (Section 74 of the Magistrates’ Court Act 32 of 1944). An administrator will then be appointed to collect from you an affordable amount of money at regular intervals and such amounts will be distributed to the various creditors encompassed in your administration order.
You or any of your creditors can apply to court for your estate (that is, everything you own and owe) to be sequestrated. For your estate to be sequestrated, the court must be satisfied that sequestration of your estate will be to the benefit of your creditors and that the sequestration will result in your creditors being paid at least ten cents of every Rand owed.
The effect of sequestration is that your estate is declared insolvent and your creditors must accept payment of whatever your assets fetch in settlement of your debts.
Whilst under sequestration, your legal capacity is affected and you require the permission of your court- appointed trustee in order to enter into most transactions.
In certain instances, if your estate has been sequestrated, you can apply to court to be rehabilitated. If the rehabilitation application is granted, a notice of rehabilitation will reflect on your credit report.
It is advisable that you enlist the services of a lawyer if you intend to make an application to court to be rehabilitated.
The fact that any of your accounts may have been handed over to debt recovery agents for collection may be recorded on your credit report. This information may include additional information such as “did the consumer pay”, “have they absconded”, and so on.
Every time you apply for credit you give consent to the credit provider to view your credit record. This is shown as an “enquiry” on your credit record. A large number of credit applications by the same person in a short space of time could mean that the person is applying for credit that he or she cannot afford, or that the person is trying to commit fraud. A large number of enquiries on your credit record can therefore negatively impact on any credit applications.
If you are under debt review or debt counselling, this will be recorded on your credit record. This debt counselling notation will negatively affect any credit application you may want to make.
Whilst under debt counselling you are, in fact, not allowed to enter into any new credit agreements.
Should you decide that you do not want to process the removal of any negative listings from your credit report, you can merely wait for the listings to be automatically removed from your credit report. After the passage of a minimum period of time negative listings will be automatically removed from your credit report, even in instances where you have not settled the accounts. In other words, every negative listing on your credit report remains on your credit report for a limited period. This limited period is known as the data retention period and is calculated from the date on which the relevant order was given or the date on which the event occurred.
(Regulation 17(1) of the National Credit Act)
As the data retention period varies depending on the type of listing in question, you should first check when the data retention period for any negative listing on your credit report is due to expire. You may not need to proceed with any credit repair where the listing is due to fall off shortly. Keep in mind that it takes approximately two to three months to rescind a judgment and process the removal of the respective listing from your credit report .
Most adverse or default information listings are of an enforcement nature and remain on one’s credit report for a two-year period.
WhatsApp us