Category Archives: Consumer Law

CPA and REASONABLE cancellation fee on rental housing long term leases.

Section 14 of the Consumer Protection Act, 2008 (Act No. 68 of 2008) provides for the early termination of a long term agreement between a consumer and a supplier. Section 14 (2) deals with the notice period in (b)(i)(bb) setting the … Continue reading

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How to get rid of that unlawfull debit order against your bank account

Guidelines provided by PASA confirm that you have the right to dispute a debit order if you believe it to be unauthorised. It further explains that your first recourse is to the party with whom the debit order was signed … Continue reading

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What is recless credit or recless lending?

The National Credit Act requires that a credit provider must carry out a financial assessment to determine the extent or amount of credit that a credit applicant can afford before entering into a credit agreement with the applicant. In performing … Continue reading

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Your rights as a credit consumer in South Africa

The NCA came into effect on 1 June 2007  and  it sets out what the law is when consumers take loans or buy goods on credit.  It also provides for the establishment of the National Credit Regulator (NCR), which monitors … Continue reading

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The CPA protects buyers of second hand cars

Buying a second hand car has long been associated with less than honest dealings, with the “voetstoots” or “as is” clause used as a fail- safe to protect an unscrupulous sales person or seller from any potential comeback. Things have … Continue reading

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Beware of prescribed debt

As long as consumers remain in the dark about old debt, debt collectors will continue to collect millions of rands from consumers who are not legally bound to repay, warned Fin24 debt expert, Moeshfieka Botha. The correct term for this … Continue reading

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Consumer rights, 6 months implied warranty.

Consumer Right No. 6 Right to Fair and Honest Dealing What does this mean for the ordinary consumer? Your right to protection against unconscionable conduct Suppliers are not permitted to use physical force against consumers, coercion, undue influence, pressure, duress, … Continue reading

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In Duplum rule

In terms of the in duplum rule a creditor can only recover maximum interest up to the amount of the capital debt. Over the last decade or two our Courts have had a few opportunities to develop this common law … Continue reading

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Surrenering your goods to a creditor

By Corne Myles July 28 SECTION 127 of the National Credit Act 34 of 2005 This section provides for a credit provider to terminate a credit agreement and institute repossession procedures where the consumer defaulted on a credit agreement. The … Continue reading

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SKULD: JOU REGTE WANNEER JOU GOEDERE TERUGGENEEM WORD VIR SLEGTE SKULD

By Ray Green on Thursday, July 17, 2014 at 2:11pm  Mense, dit is verskriklik en skandelik hoe oningelig meeste mense is oor hulle regte wanneer dit kom by die terugneming van goedere, soos roerende bates, waarby meubels, motorvoertuie ens ingesluit … Continue reading

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