The conundrum of the non-compulsory compulsory notice in terms of Section 129(1)(a) of the National Credit Act

Abstract

Section 129(1)(a) of the National Credit Act1 plays a pivotal role in the enforcement of credit agreements. Section 129(1)(b), read together with ss 130(1) and 130(3)(a) of the Act, essentially compels a credit provider to deliver a notice in terms of s 129(1)(a) to the consumer prior to enforcement of a credit agreement to which the NCA applies. These provisions are cast in mandatory terms.