n Without Prejudice - 'Delivered' critical in debt collection : financial law

Volume 12, Issue 7
  • ISSN : 1681-178X



In 2010 we wrote a series of articles regarding the unforeseen impact that the introduction and interpretation of the National Credit Act, 2005 was having on debt collection for credit providers. The Constitutional Court, in CCT98/11 and provincial high courts recently confirmed the requirements that the Act was imposing and approved the courts when credit providers were approaching them in order to enforce the agreements in terms of which they had extended credit to consumers. The notice must be sent by registered post to the address or actual proven address of the consumer and delivered to the post office in whose area the address is situated.

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