Debt collections in South Africa and the option available to creditors:
Worldwide, 2020 has been a one of the more financially dire years for both persons and commercial enterprises in recent history. The South African economy has not been spared these adverse effects and there has been a steep decline (and in many sectors, a complete halt) in the production and consumption of goods and services more...
Credit providers – Do not forget to comply with Section 129 of the NCA
Before a credit provider takes any action against a consumer that is in arrears, a credit provider must ensure that it has satisfied the provisions of section 129, section 130 and section 168 (which deals with the serving of documents) of the National Credit Act, 2005 (“NCA”). In doing this, a credit provider must provide more...
Protecting the ‘unbanked’
In March 2018 the Western Cape High Court delivered a judgment on the validity and effectiveness of the financial assessment mechanisms prescribed by the National Credit Act 34 of 2005 (“the NCA”). This financial assessment is obligatory to all considerations of affordability prior to the extension of credit to a consumer by the relevant credit more...
Is your company a supplier of goods or services?
Is your company a supplier of goods or services? If so, there are many legal and important commercial aspects to consider when you embark on the process of becoming either the original manufacturer of goods, a link in the supply chain, or the final provider of goods or services to consumers. The Consumer Protection Act more...
Am I required to register as a Credit Provider? Recent Changes to the National Credit Act and Regulations
The National Credit Act requires certain categories of money lenders to register as Credit Providers in terms of the Act. The Act is, however, applicable to all Credit Providers, even those who are exempt from registration (this category has, in light of recent amendments, been drastically narrowed). Who needs to register? The effect of more...
Notice by SMS: the Law.
We have all received SMSes from businesses offering their services to us. Often when these messages are unsolicited we consider them to be spam and block the number, or even complain to WASPA or perhaps the DMASA about them. But if we are in a commercial relationship with one of these businesses, can they use more...