National Credit Regulator v Adberof and Another (NCT/17833/2014/140(1)) [2015] ZANCT 37 (14 August 2015)

National Credit Regulator v Adberof and Another (NCT/17833/2014/140(1)) [2015] ZANCT 37 (14 August 2015)

The Tribunal found, on the balance of probabilities, that the First Respondent repeatedly failed to comply with statutory requirements under the National Credit Act, including submission of prescribed forms, conducting over-indebtedness determinations, and referring matters for debt restructuring. The First Respondent unlawfully received consumer payments intended for credit providers and failed to distribute these funds as required. The explanations offered by the First Respondent were unconvincing and did not absolve her of responsibility. The Tribunal held that these actions constituted prohibited conduct under section 150(a) of the Act. While the Applicant sought an administrative...

Citation
[2015] ZANCT 37
Parties
Applicant: National Credit Regulator; Respondent: Yasmina Adberof; Respondent: Sieraj Adberof
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
14 August 2015
Case Number
NCT/17833/2014/140(1)
Procedural Posture
Administrative Application / Final Determination
Outcome
The application is granted in part. The First Respondent is found to have engaged in prohibited conduct under the National Credit Act and is ordered to refund all clients for amounts paid for credit provider payments, compile and submit a list of affected clients, use best efforts to locate clients, report on...
Judges
Tanya Woker, Joe Maseko, John Simpson
Legal Topics
National Credit Act, Debt Counselling, Prohibited Conduct, Administrative Penalty, Refund Order
Banking and Finance Civil Procedure National Credit Act Debt Counselling Prohibited Conduct Administrative Penalty Refund Order

Case Brief

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Parties

National Credit Regulator

Applicant

Yasmina Adberof

Respondent

Sieraj Adberof

Respondent

Procedural Posture

Administrative Application / Final Determination

Legal Issues

  1. 1 Whether the First Respondent engaged in prohibited conduct under the National Credit Act by failing to comply with statutory and registration requirements.
  2. 2 Whether the First Respondent unlawfully received and failed to distribute consumer funds intended for credit providers.
  3. 3 Whether the Tribunal is empowered to order refunds to consumers for amounts paid to the debt counsellor but not distributed to credit providers.

Ratio Decidendi

The Tribunal found, on the balance of probabilities, that the First Respondent repeatedly failed to comply with statutory requirements under the National Credit Act, including submission of prescribed forms, conducting over-indebtedness determinations, and referring matters for debt restructuring. The First Respondent unlawfully received consumer payments intended for credit providers and failed to distribute these funds as required. The explanations offered by the First Respondent were unconvincing and did not absolve her of responsibility. The Tribunal held that these actions constituted prohibited conduct under section 150(a) of the Act. While the Applicant sought an administrative...

Court Disposition

The application is granted in part. The First Respondent is found to have engaged in prohibited conduct under the National Credit Act and is ordered to refund all clients for amounts paid for credit provider payments, compile and submit a list of affected clients, use best efforts to locate clients, report on...

Orders

  • The First Respondent must compile a list of all clients who paid money to Debt Out or Tamzin and supply such list to the Applicant within 30 days.
  • The First Respondent must refund all clients all amounts paid by them in order to pay credit providers, with refunds to be made within 90 days.