ARTICLES and knowledge resources

Articles about Consumer Law, Credit Law and Insolvency Law

What to look out for when shopping for credit

What to Look Out for When Shopping for Credit Understanding Credit Under the National Credit Act The noun “credit” is strictly defined in…

What to know when settling an account that is on your credit report

Where you do not dispute any information on your credit record and you want to repair your credit record by remedying any negative…

Trapped in administration? Cancel it or write it off!

An administration order is granted in terms of the Magistrates’ Court Act 32 of 1944 where the consumers debt is less than R50…

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…

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…

Sequestration, Administration and Debt Review Compared

Sequestration some salient points: Administration, some salient points: Debt Review, some salient points: • High Court procedure – more costly• Court grants only…

Sequestration Basics: How Does Bankruptcy Work

Individuals facing insurmountable debt have legal options to relieve their financial burden, with sequestration and bankruptcy among the most notable. Understanding these processes…

Property Auctioned for Debt? You have rights to fair treatment!

Joe was diagnosed with heart disease and had to reduce his working hours, with the resultant effect that his monthly income decreased. As…

Early settlement of debt and how to get there

The National Credit Act regulates how accounts can be settled early. To begin with, a consumer would need a settlement amount from the…

Dereliction and Relegation of Debt Counsellor’s Duties may prove costly for Debt Counsellors

In December 2016, three people were ordered to pay R180 000.00 in fines for failing to comply with debt counselling regulations. The fines…

Debt and the defence of prescription clarified

The collection of prescribed debt is prohibited. No person may sell a debt under a credit agreement that has been extinguished by prescription…

Data-retention periods for credit bureau information

Data-retention periods for credit bureau information The National Credit Act prescribes the maximum periods for which consumer credit information may be recorded on…

Can a Garnishee Order or Emoluments Attachment Order be Set Aside?

An emoluments attachment order, or “garnishee” may be amended or rescinded provided the person bringing the application shows a valid reason for doing…

Beware! Upfront fees for credit repair are unlawful

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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