THE INTERPLAY BETWEEN THE CONSUMER PROTECTION ACT AND THE NATIONAL CREDIT ACT, AND THE POSSIBILITY OF PENALTIES WITH EARLY SETTLEMENT OF CREDIT AGREEMENTS

A4Mr Black buys a BMW car in terms of a hire purchase agreement and the financing is done through BMW Finance. After a few months Mr Black inherits a huge sum of money and decides that he wants to settle the outstanding amount. Mr Black’s concern is whether the credit provider is entitled to charge a penalty fee for early settlement of the outstanding finance amount.

The first step in answering the abovementioned question will be to determine which laws regulate the situation. The legislation that applies here will be the National Credit Act 34 of 2005 and the Consumer Protection Act 68 of 2008.

In the above scenario a distinction should be drawn between the scope of each of these Acts, as the one pertains to the credit agreement itself and the other to the goods, being the BMW car. Section 5 of the Consumer Protection Act lists the situations in which this Act will apply. Section 5(2)(d) is of particular interest to Mr Black as it excludes credit agreements which are regulated by the National Credit Act. However, the goods or services provided in terms of the credit agreement are included and will be regulated by the Consumer Protection Act, whereas credit agreements as contemplated in the National Credit Act, specifically section 8(4)(c), includes hire purchase agreements (instalment agreements) in the ambit of the National Credit Act.

Mr Black’s situation illustrates the position as stated in Article 5(2)(d) of the Consumer Protection Act. The implication of this section is that all credit agreements that are subject to the National Credit Act will be governed by the National Credit Act, but the goods and services in terms of the agreement will fall within the scope of the Consumer Protection Act. It is here that the above acts overlap with each other. The overlap actually lies in that both acts can apply to one agreement. The credit agreement must comply with the National Credit Act, but the goods and services must comply with the Consumer Protection Act. If there is a defect in the quality of the goods or the service the Consumer Protection Act will provide the appropriate remedy, but if it is about the credit agreement itself, then the National Credit Act will apply.

Section 2(9) of the Consumer Protection Act deals with the interpretation of the Act and more specifically on how the law has to be interpreted in cases where there are discrepancies between the Consumer Protection Act and any other law. The Consumer Protection Act should be read in harmony with other legislation as far as possible, but if it is not possible, then the law that offers the most protection to the consumer shall apply.

The two sections in the National Credit Act which deals with the early settlement of credit agreements are sections 122 and 125 of the Act. According to section 122 of the National Credit Act, a consumer may terminate the credit agreement at any time. The consumer can do this by paying the settlement amount as calculated in accordance with section 125 of the National Credit Act.

Section 125 states that a consumer is entitled to cancel a credit agreement at any time with or without prior notice to the credit provider. The settlement amount will be the sum of the following amounts:

  • The outstanding balance of the principal debt / capital amount.
  • All rates and charges up to and including the settlement date. For example, if the outstanding amount can be settled after 3 months, then 3 months’ interest would be charged. The interest will be calculated on the principal amount borrowed.

In the case of a large credit agreement (R250 000.00 or more) the outstanding amount will be calculated as above, but with additional interest, known as an early settlement fee. The fee may not exceed an amount equal to three months’ interest on the capital amount.

Conclusion:
Therefore, if the BMW that Mr Black bought was worth more than R250 000.00 the credit provider will be entitled to charge a penalty fee of not more than 3 months’ interest on the capital amount. In the event that the purchased item’s worth is less than R250 000.00 the credit provider will not be entitled to charge a penalty fee.

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice.

DON’T SPEED THROUGH LIFE

A3Jack Louw was used to driving fast cars – he was practically born with one foot on the accelerator. Jack was also born into a very rich family, which meant there was always money to pay for the fines he kept receiving for exceeding the speed limit. However, Jack’s luck would soon change and he might end up with more than a fine.

According to the National Road Traffic Act 93 of 1996 and the Regulations published on 17 March 2000, the general speed limits are: 60 km/h on a public road within an urban area; 100 km/h on a public road outside an urban area which is not a freeway, and 120 km/h on every freeway.

Prosecution or the imposition of a spot fine is automatic if you are caught exceeding the 60km/h and general speed limits. However, if you speed in a 60km/h zone, and it is greater than 100km/h, you will not have the option of paying an admission-of-guilt fine, but will have to appear in court to answer a charge of reckless or dangerous driving and contravention of the Act.

Depending on the seriousness of the offence, you may or may not be given the alternative of an admission-of-guilt fine as opposed to having to appear in Court. An admission-of-guilt fine is a fine that a person is issued with after admitting guilt. It may seem like an easy exit to all problems. However, once admitting guilt, the person will have a criminal record.

Admission-of-guilt fines for speeding are calculated on the basis of rands per km/h in excess of the speed limit. These fines may be paid at any office of the South African Police Service in the Magisterial district where the offence occurred, by the date stipulated on the notice that will be posted to you within two weeks after you received the ticket. You must produce the ticket when paying the fine.

Should you choose not to pay the admission-of-guilt fine, but rather state your case in court, you should check the fine to ascertain the date on which you must appear in Court and the case number. Queries about the fine must be directed to the clerk of the criminal court of the Magisterial district of issue, and the actual document must accompany your query.

It is important to take notice of the speed you are driving. It may be important for you to get to your destination in time, but is it worth paying a fine, or having a criminal record? It is also important to remember that if you get a fine in a town other than your home town, you will have to travel back to that town to appear in court.

Think before admitting guilt to a speeding offence, or even better, think twice before committing an offence that would put you in that position.

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice.

REVIEW OF DIRECTORS’ DECISIONS

A2In the previous article regarding “informal” decisions by directors, we considered what acts or decisions may be considered as informal decisions by directors. The precedents established by the courts were discussed, which precedents are considered regarding the enforceability of these “consents” and the validity of informal decisions by directors. Directors of homeowners’ associations have been forewarned to be diligent and carefully choose their words in conversations with other members, especially when these members paint pictures of proposed building projects. And more specifically, directors are to keep their opinion for the debate of the properly tabled application, especially concerning additions and alterations to the property of the member. The rules of the homeowners’ association regarding aesthetics and other such requirements should be paramount in the decision-making process.

But what if the member did comply with the prescribed formal requirements and the board of directors did not approve the request? Where does that leave the directors and the member?

The courts will not interfere with the decision made by a homeowners’ association save on recognised grounds of judicial review as applied to voluntary associations whose members have bound themselves to its rules, which include the conferring of decision–making functions of elected body of directors (Turner vs Jockey Club of South Africa 1974 (3) SA; SA Medical & Dental Council vs McLoughlin 1948 (2) SA 355 (AD) and Marlin vs Durban Turf Club & Others 1942 AD 112).

The grounds of judicial review are restricted to whether the tribunal was competent to make the decision and whether it complied with the requirements of procedural and substantive fairness which effectively is limited to whether the procedure or decision taken was tainted by irregularity or illegality – unfairness per se is not enough (Bel Porto School Governing Body & Others vs Premier, Western Cape & Another 2002 (3) SA).

The traditional common law grounds of review of a voluntary association tribunal include illegality, procedural unfairness and irrationality. Prior to the constitutional dispensation, the ambit of the voluntary associations had been settled in case law. The Promotion of Administrative Justice Act, Act 3 of 2000 (PAJA) applies to administrative action on the part of an organ of state or a juristic person exercising a public power or performing a public function. Accordingly, directors of homeowners’ associations do not fall within the scope of the PAJA. Section 39(2) of the Constitution on the other hand, requires a court, when developing the common law, to promote the spirit, purport and objectives of the Bill of Rights.

The judgement in the matter of Theron and Andere vs Ring van Wellington van die NG Sending Kerk in Suid-Afrika en Andere 1976 (2) SA 1 (A) has already confirmed that a reasonableness test based on rationality was a competent basis under the common law powers to review decisions of voluntary associations. The court will therefore consider a ground of review that included unreasonableness in the sense that the decision could not reasonably be supported by evidence. There appears to be no difference in principle for present purposes between common law grounds of review in relation to voluntary associations and the grounds of review provided for by PAJA.

Various case laws confirm that a court will only interfere with the decision of the directors of a homeowners’ association where that body has failed to comply with the natural justice requirements of legality, procedural fairness and reasonableness, the latter in the sense of a rational connection existing between the facts presented and the considerations that were applied in reaching the conclusion.

If the Memorandum of Incorporation or rules of the homeowners’ association prescribe a formal procedure to follow for permission or consent to be obtained regarding any alteration or other building projects, any member who did not submit a formal request for the building project, even if it is only the erection of a fence and did not include the detail of the fence to be erected for approval prior to the erection thereof, then the fence is “illegal”.

The board of directors of any homeowners’ association has an obligation to enforce the Memorandum of Association and/or the Memorandum of Incorporation and the rules of the association, and should do so in the interests of the whole of the estate and all its members.

Any building project which has been embarked on or even finished without proper procedures followed by the homeowner, and which does not comply with the aesthetical requirements of the homeowners’ association as is prescribed in the rules, are “illegal” in that the member erected the building without formally complying with the requirements of the homeowners’ association. Directors should carefully consider each and every such building project within the jurisdiction of the association and, in the best interest of all members of the association, invite such members affected for an informal, amicable discussion regarding the removal or further alteration of the building or building project, even if it is only a fence and the time periods to do so. It is important to note that such members should still be obliged to comply with the formal requirements as prescribed by the association. These applications can be tabled in terms of the formal procedures prescribed with consideration to formally consent thereto retrospectively by the board of directors on condition that all prescriptive requirements have been fully met, even if it is merely aesthetically.

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice.

SO WHEN AM I AUTHORISED TO ACT AS TRUSTEE?

A1The Trust Property Control Act 57 of 1988 defines a trustee as meaning “any person (including the founder of the trust) who acts as a trustee by virtue of an authorisation under Section 6.”

In the matter of Lupacchini vs Minister of Safety and Security (16/2010) [2010], ZASCA 108 (17 September 2010), the position of a trustee acting without the authorisation of the Master was considered, where that “trustee” authorised legal proceedings.

A trust that is established by a trust deed is not a legal person – it is a legal relationship of a special kind that is described by the authors of Honoré’s South African Law of Trusts as “a legal institution in which a person, the trustee, subject to public supervision, holds or administers property separately from his or her own, for the benefit of another person or persons or for the furtherance of a charitable or other purpose.”

Although the trust property vests in each trustee individually they have to act jointly unless the deed of trust provides otherwise. Their individual interests do not waive the requirement that they have to act jointly.

The consequence of the validity of an act that has taken place in conflict with a statutory prohibition has been considered in numerous cases, and depends on a proper construction of the particular legislation and the intention of the legislature.

The whole scheme of the act is to provide a manner in which the Master can supervise trustees in the proper administration of trusts, and their knowledge of Article 6(1) is essential to such purpose, and by placing a bar on trustees from acting as such until authorised by the Master, the Act endeavours to ensure that trustees can only act as such if they comply with the Act.

In the Kropman NO vs Nysschen it was held that a court has the discretion to retrospectively validate acts of a trustee that are performed without the requisite authority. This proposition was in later cases rejected persuasively.

“Locus standi in Judicio” on the other hand is something else and does not depend on the authority to act but depends on whether the litigant is regarded by the court as having a sufficiently close interest in the litigation.

Although section 6(1) suspends a trustee’s power to act in that capacity he or she could have a sufficiently well-defined and close interest in the administration of the trust to have locus standi.

The essence of the prohibitory phrase in section 6(1), “… shall act in that capacity only if authorised thereto …”, must be interpreted to mean that a trustee may not, prior to the Masters authorisation, acquire rights for, or contractually incur liabilities on behalf of, the trust and is not intended to regulate questions of locus standi in iudicio.’

Legal proceedings commenced by unauthorised trustees and commercial transactions binding the trust are invalid and void.

[1] 5th ed (2002) by Edwin Cameron with Marius de Waal, Basil Wunsh and Peter Solomon para 1.

[2] 1999 (2) SA 567 (T) at 576F.

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice.

WELCOME TO OUR NEWSLETTER | WELKOM BY ONS NUUSBRIEF

newsWe are at the beginning of 2014. A year with new prospects and challenges for everyone in general and in particular a new website for Schnetler’s Inc. The new website is being handled by the Succeed Group. Clients, potential clients and the general public will, through our new website, have insight to legal information and advice and will also have access to our new facebook page on which we will post on a regular basis photos and articles of events that happen “behind the scenes” at Schnetler’s Inc. Here you will get to know our Directors and staff in a more relaxed atmosphere.

Our first facebook page will commence with our 2013 year-end function held at Stardust in Woodstock. It was an evening of good food and wine, music, song dance and merriment.

We hope and trust that you as our clients will enjoy our new website and facebook page and find it of interest.

We leave you with the following message:

“Don’t judge each day by the harvest you reap
But by the seeds that you plant” – Robert Louis Stevenson

Greetings from the Schnetler’s team.

So begin 2014 met nuwe vooruitsigte en nuwe uitdagings en tesame hiermee ‘n nuwe webtuiste vir Schnetler’s Ing.  Die nuwe webtuiste word deur die SucceedGroup hanteer.  Kliënte, potensiële kliënte asook die algemene publiek sal deur die webtuiste insae hê tot regs-inligting en regsadvies en sal ook toegang hê tot ons nuwe faceboek blad waar ons gereeld foto’s en artikels sal plaas van wat  “agter die skerms” by Schnetler’s Ing plaasvind.  Hier sal u ook ons Direkteure en personeel in ‘n ontspanne atmosfeer leer ken.

Ons begin sommer ons eerste faceboek blad met ons jaareind-funksie van 2013. Dit het plaasgevind by Stardust in Woodstock en was ‘n aand van goeie kos, uitstekende musiek en sang en lekker dans en kuier.

Ons hoop en vertrou dat u as ons kliënte ons nuwe webtuiste en facebook blad sal geniet.

Ons laat u met hierdie boodskap:

“As jy iemand anders teen die steilte van die lewe uithelp

Bereik jy self ook die top” – skrywer onbekend

Groete van die Schnetler’s Span.

TENANT AND LANDLORD: WHAT ARE YOUR RIGHTS AND OBLIGATIONS?

tenantThe Rental Housing Act No. 50/1999, as amended by the Rental Housing Amendment Act No. 43/2007, regulates the relationship between a tenant and a landlord, even before commencement of the lease agreement.

The Act determines that the landlord may not discriminate against the prospective tenant, his family or friends, including on grounds of race, sex, pregnancy or marital status. This applies as early as placing an ad for the leasing of a property or even during negotiations between prospective tenants and the landlord,

The lease itself does not have to be in writing to be binding on both parties and should a tenant request that an oral agreement be reduced to writing, the landlord may not refuse the request.

A written lease agreement must contain the following information:

  • The names of the parties, as well as their South African addresses;
  • A description of the property being leased;
  • The monthly rental payable and reasonable increases;
  • The deposit payable, if applicable;
  • The period for which the property will be leased. Should the agreement not mention a specific period of lease, the agreement must indicate the notice period required should one of the parties wish to terminate the contract;
  • Any other consideration, besides the monthly rent, which may be payable;
  • A complete list of defects that are present at the time that the parties entered into the lease agreement.

If the property is situated in a complex that has its own rules, a copy of those rules should be attached to the lease agreement.

The landlord must ensure that he/she gives effect to the provisions contained in the lease agreement.

As mentioned, mutual rights and obligations are created for both parties in the lease agreement. These rights and obligations include the following:

Tenant’s rights:

  • To jointly inspect the property before the tenant moves in and record any defects or damage to the property. This provision protects the tenant at the end of the lease period to ensure that the tenant will not be held liable for damages that already existed at the time the lease was entered into;
  • During the lease period, the tenant has the right to privacy and the tenant’s property, home or person may not be searched;
  • If the landlord fails to inspect the property upon expiry of the lease, the tenant can assume that the landlord acknowledges that no damage has been done to the property, and that the full deposit, together with interest thereon, must be refunded to the tenant.

Landlord’s rights:

  • To request a deposit, in the amount agreed upon between the parties, before the tenant takes occupation of the property;
  • To receive timeous payment of the monthly rent and also to collect overdue payments, after a court order or order from a Tribunal has been obtained;
  • To receive the property in a good condition upon termination of the lease;
  • To jointly inspect the property within three days before the lease expires and determine if any damage has been done to the property for which the tenant should be held liable;
  • To recover the cost of repairs, should the property be damaged, from the tenant;
  • Should the tenant not give access to the property for a joint inspection before expiry of the lease, the landlord should inspect the property within seven days after expiry of the lease and utilise the deposit for necessary repairs. The balance of the deposit, if any, should be refunded to the tenant within twenty-one days.

Landlord’s obligations:

  • To invest the tenant’s deposit in an interest-bearing account at a financial institution, with an interest rate equal to or higher than the interest rate at that time earned on a savings account at such financial institution. The tenant may request proof that the deposit is invested and the landlord may not withhold such evidence;
  • To furnish the tenant with a receipt for each payment made by the tenant, which receipt should clearly describe the property, be dated, and indicate in full what the payment is made for (eg Rent for the month of February 2013, or deposit);
  • To utilise the deposit to repair any damage to the property or to recover arrears rent after expiry of the lease, and to pay the balance together with interest earned thereon to the tenant within fourteen days after the expiry of the lease;
  • To keep all receipts in respect of repairs done to the property which were deducted from the tenant’s deposit, and make such receipts available to the tenant;
  • To refund the tenant’s deposit together with interest thereon, within seven days of the expiry of the lease, in the event that no repairs are to be made to the property.

Should a dispute arise between the parties, the Rental Housing Tribunal in the area where the dispute arises, can be contacted.

It is very important for both the tenant and the landlord to make sure that their intentions are clearly defined in the lease and that they understand the terms of the lease before the lease agreement is signed. Also that all provisions, responsibilities and obligations are clearly set out in the agreement. It is advisable to seek legal advice if any uncertainties arise, before the lease agreement is signed.

References: Rental Housing Act No. 50/1999, as amended by Rental Housing Amendment Act No. 43/2007

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice.

HOEVEEL VERLOF KAN EK KRY?

verlofCoco is onseker of sy geregtig sal wees op betaalde verlof. Sy is ‘n voltydse sekretaresse en werk reeds meer as ‘n jaar vir die nuwe maatskappy. Luidens die Wet op Basiese Diensvoorwaardes 75 van 1997, is jaarlikse verlofvoordele nie van toepassing op werknemers, insluitend huishulpe, wat minder as 24 uur per maand werk nie. Dit beteken dat diensvoorwaardes van tydelike werknemers en onafhanklike kontrakteurs ook onder hierdie wet val.

Kragtens die Wet, loop ‘n werknemer se jaarlikse verlof op. Dit beteken dat die werknemer se verlof maandeliks aanwas. Verlof loop op teen ‘n koers van een uur verlof vir elke 17 ure gewerk, of een dag verlof vir elke 17 dae gewerk, of anders gestel, 1,25 dae per maand. Die totale toegelate minimum is 15 werksdae per jaar met volle salaris in elke jaarlikse verlofsiklus of in elke tydperk van 12 maande, bereken vanaf die datum van indiensneming.

Die Wet maak melding van 21 opeenvolgende dae. Naweke word ingesluit, wat beteken dat die werknemer eintlik 15 werksdae kry aangesien ‘n “normale” werkweek bestaan uit vyf dae.

Dit is belangrik om daarop te let dat die Wet bepaal dat die aanwas van toepassing is op die tempo van een dag vir elke 17 dae waarop die werknemer gewerk het of geregtig was om voor betaal te word. Openbare vakansiedae word beskou as werkdae aangesien werknemers op daardie dae vergoed word as sou die dae normale werkdae wees wat derhalwe ingesluit word in die berekening van jaarlikse verlof.

Siekteverlof word op ‘n soortgelyke wyse hanteer. Indien die werknemer betaalde siekteverlof gehad het word daardie dae ingesluit by die berekening van jaarlikse verlof, tensy die werknemer nie meer siekverlofdae beskikbaar het nie of met onbetaalde siekteverlof was, in welke geval hierdie dae uitgesluit word vir die doeleinde van die berekening.

Dit is algemene praktyk vir sommige werkgewers om maandeliks ‘n bedrag af te trek van die tydelike werker of onafhanklike kontrakteur se loon en dit tot die werknemer se voordeel in ‘n sogenaamde “verlofrekening” te hou wat dan ten tye van die werknemer se verlof uitbetaal word. Hierdie praktyk is egter onwettig en die werkgewer sal skuldig wees aan oortreding van die Wet op Basiese Diensvoorwaardes asook aan bedrog omdat hy die werknemer ontneem van ‘n wettige reg op betaalde jaarlikse verlof en betaalde siekteverlof. Slagoffers van so ‘n wanpraktyk kan die werkgewer dagvaar vir skadevergoeding.

Daar is geen bepaling dat werknemers nie hul jaarlikse verlofdae opeenvolgend mag neem nie. Coco word beskou as ‘n voltydse werknemer omdat sy vir ten minste ‘n jaar lank meer as 24 uur per week vir die maatskappy gewerk het en dus sal sy kwalifiseer vir 15 opeenvolgende dae verlof.

Ons kan dus vir Coco gerusstel. Sy sal in staat wees om die vakansie van ‘n leeftyd te geniet!

Hierdie is ‘n algemene inligtingstuk en moet gevolglik nie as regs- of ander professionele advies benut word nie. Geen aanspreeklikheid kan aanvaar word vir enige foute of weglatings of enige skade of verlies wat volg uit die gebruik van enige inligting hierin vervat nie. Kontak altyd u regsadviseur vir spesifieke en toegepaste advies.

 

SALE OF IMMOVABLE PROPERTY AND THE NATIONAL CREDIT ACT

SaleimmovableBut what the parties don’t keep in mind is that this agreement between the parties constitutes a credit transaction as defined in the National Credit Act (hereinafter called the Act) and that in certain circumstances the seller will have to register as a credit provider in terms of the Act.

To establish if the Act will be applicable and if the seller should register as a credit provider one should carefully consider the following:

  1. The Act will apply to all written credit agreements between parties dealing at arm’s length. This is to probably curb underhand dealings between family members at the peril of other third parties.
  2. Arm’s length transactions are not defined in the Act but they exclude, for example, transactions between family members who are dependent or co-dependent on each other and any arrangement where each party is not independent of the other and does not strive to obtain the utmost possible advantage out of the transaction.
  3. The Act does not apply where:
  • The consumer is a juristic person whose annual turnover or asset value is more than a R1m;
  • The purchaser is the State or an organ of the State;
  • A large agreement (i.e. more than R250 000, such as a mortgage) is entered into with a juristic person whose asset value or turnover is less than R1m.

A credit agreement includes a credit facility, credit transaction and credit guarantee or a combination of these. The relevance is the following:

  1. A credit facility requires fees or interest to be paid ;
  2. A credit transaction does not necessarily require interest or fees to be paid. An instalment agreement would suffice to qualify as a credit transaction .

An instalment agreement is defined and relates only to the sale of movable property.

A credit transaction also includes any other agreement where payment of an amount owed is deferred and interest or fees are charged.

A mortgage agreement qualifies as a credit transaction [Section 8(4)(d)] and the importance is that mortgage is defined in the Act as a pledge of immovable property that serves as security for a mortgage agreement.

Mortgage agreement is also defined as a credit agreement secured by a pledge of immovable property.

Section 40 of the Act requires one to register as a credit provider should you have at least 100 credit agreements as credit provider OR if the total principal debt under all credit agreements exceeds R500 000. Principal debt means the amount deferred and does not include interest or other fees.

It follows that if you sell your home to an individual in a private sale (i.e. where he does not get a bond from the bank) and you register a bond as security, you have to register as a credit provider UNLESS the principal debt is less than R500 000 or the buyer is a juristic person and the price is more than R250 000.

The implications for the seller could be far-reaching if he is not registered, as the agreement will be unlawful and void, and a court must order that:

  1. The credit agreement is void as from the date the agreement was entered into;
  2. The credit provider must refund to the purchaser any money paid by the purchaser under the credit agreement, together with interest;
  3. All the purported rights of the credit provider under the credit agreement to recover any money paid or goods delivered to, or on behalf of the purchaser in terms of the agreement, are either cancelled or forfeited to the State.

The application form to register as a credit provider and also the calculation of the registration fee that is payable to the National Credit Regulator (NCR) can be found on the NCR’s website. If the seller has not registered by the time he enters into the loan agreement he may still register within 30 days after entering into the loan agreement.

Sellers, be careful when you enter into these types of agreements as non-compliance with the Act could be a costly exercise.

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice.