Does the notice of delay really have to reach the consumer to be effective? The Constitutional Court ruled in Sebola v. Standard Bank that, although there is no clear meaning for “delivering”, the law requires the lender to prove and prove that the notice was served on the consumer during the performance of a credit agreement. If the creditor publishes the notice, proof of the consignment registered at the consumer`s address, together with proof that the communication has reached the post office competent for delivery to the consumer, constitute sufficient proof of delivery (unless otherwise specified). Consumers can pay any amount due under a credit agreement (e.g.B. payments due) in advance, and credit providers are required to accept these amounts even if they are not due. These payments are used first for unpaid interest and fees, and then to reduce the principal debt. Credit providers and credit institutions were required to register with the NCR by July 28, 2006. Debt advisors can register at any time. The debt review process may well be used by smart consumers to delay or avoid payment under a credit agreement. Indeed, there are many provisions in the law that limit the rights of credit providers to enforce the debt under review. However, if the consumer is in default because of a credit agreement to be reviewed, the lender may notify the consumer, the debt advisor and the NCR to terminate the review. This notification may be made at least sixty days after the date of the request for debt review, i.e.
if the debt verification process drags on. The credit provider can then take steps to enforce the agreement. The court then has the discretion to order the resumption of the debt review, if necessary. A request for a consumer to assess the debt has a serious impact on the consumer`s creditworthiness and the conclusion of future contracts. A consumer may at any time return goods that are the subject of a credit agreement to a credit provider, whether or not the consumer is in default. The lender must then sell the goods and use the proceeds to pay the bill. Under the former Credit Agreements Act, this procedure applied only if the consumer was in default. This new provision gives the consumer an extraordinary right to terminate the contract if he so wishes.
It has been argued that consumers are often to blame for allowing themselves to be over-indebted by recklessly borrowing too much money or buying too much on credit. This is usually the result of economic despair and a lack of understanding of the difficulties in repaying or repaying their debts. However, credit providers are often to blame for recklessly giving too much credit to consumers who can`t afford to pay off their debts. One of the most important objectives of the law is to combat over-indebtedness and reckless lending. Sections 78 to 88 of the Act contain detailed, far-reaching and extremely important provisions in this regard. Revolving credit accounts typically have a streamlined process of applying for and lending as non-revolving loans. .