dc.contributor.author |
Roestoff, Melanie
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dc.date.accessioned |
2011-03-09T06:36:42Z |
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dc.date.available |
2011-03-09T06:36:42Z |
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dc.date.issued |
2010 |
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dc.description.abstract |
One of the purposes of the National Credit Act 34 of 2005 (NCA) is to protect consumers by inter alia providing mechanisms for resolving overindebtedness (see s 3(g)). Section 86 of the NCA provides for such measure in that it allows a consumer to apply to a debt counsellor to conduct a debt review of the credit agreements to which he is a party and to be declared over-indebted (s 86(1)). One of the first steps in the debt review process is therefore, a determination by the debt counsellor whether the consumer is over-indebted, likely to become over-indebted, or not over-indebted at all (s 86(6) and (7)). Where the debt counsellor concludes that the consumer is indeed over-indebted, section 86(7)(c) requires of the debt counsellor to issue a proposal recommending that the Magistrate's Court make an appropriate order to declare one or more of the consumer's credit agreements to be reckless credit (if applicable) and/or to re-arrange or restructure the consumer's obligations. In terms of section 86(8)(b) the debt counsellor is also obliged to refer the recommendation to the Magistrate's Court for a hearing under section 87 (see the interpretation of the relevant sections in National Credit Regulator v Nedbank Ltd 2009 6 SA 295 (GNP) 303 and 304). |
en |
dc.identifier.citation |
Roestoff, M 2010, 'Termination of debt review in terms of section 86(10) of the National Credit Act and the right of a credit provider to enforce its claim : Standard Bank of South Africa Ltd v Kruger (unreported case number 45438/09 (GSJ)) and Standard Bank of South Africa Ltd v Pretorius (unreported case number 39057/09 (GSJ))', Obiter, vol. 31, no. 3, pp. 782-792. [http://www.journals.co.za/ej/ejour_obiter.html] |
en |
dc.identifier.issn |
1682-5853 |
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dc.identifier.uri |
http://hdl.handle.net/2263/16018 |
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dc.language.iso |
en |
en_US |
dc.publisher |
Faculty of Law, University of Port Elizabeth |
en_US |
dc.rights |
Faculty of Law, University of Port Elizabeth |
en_US |
dc.subject |
Termination of debt review |
en |
dc.subject |
National Credit Act 34 of 2005 |
en |
dc.subject |
Over-indebtedness |
en |
dc.subject |
Debt counselling |
en |
dc.subject.lcsh |
Consumer credit -- Law and legislation -- South Africa |
en |
dc.title |
Termination of debt review in terms of section 86(10) of the National Credit Act and the right of a credit provider to enforce its claim : Standard Bank of South Africa Ltd v Kruger (unreported case number 45438/09 (GSJ)) and Standard Bank of South Africa Ltd v Pretorius (unreported case number 39057/09 (GSJ)) |
en |
dc.type |
Article |
en |