Aspects of debt enforcement in terms of the National Credit Act 34 of 2005 and its predecessors compared

Abstract

The current consumer credit enactment effective in South Africa, the National Credit Act 34 of 2005 ("NCA"), contains provisions to protect consumers who are in default in terms of a credit agreement in respect of the enforcement of its debt by the credit provider. The same held for the NCA's predecessors, the Hire-Purchase Act 36 of 1942 and the Credit Agreements Act 75 of 1980. The aim of this dissertation is to compare the NCA's debt enforcement provisions with those of its predecessors, with particular focus on the debt enforcement notice required in terms of the respective Acts, the method of delivery of the notice, and the requirement of the notice having been received by the consumer in order to be effective. The ultimate aim is to determine whether the debt enforcement provisions of the NCA can be improved, having regard to the provisions in its predecessors and cases decided in respect of the latter.