Redress in terms of the National Credit Act and the Consumer Protection Act for defective goods sold and financed in terms of an instalment agreement

Abstract

We will attempt to answer the vexing question that arises in the context of the consumer’s remedies where he has been sold defective goods after 31 March 2011 (the date on which the CPA came into general effective operation) under an instalment agreement governed by the NCA. We will therefore also focus on the nature of an instalment sale agreement, and the rights and obligations of all the parties involved in the sale of the vehicle and the eventual conclusion of an instalment agreement in terms of the NCA. Further, we will examine the interplay, if any, between those rights and obligations in terms of the NCA in the case of an instalment agreement, and the rights and obligations of a supplier and a consumer under the CPA as regards the issue of defective goods.