National Credit Regulator v K2014241715 (South Africa) Ltd t/a Quick Bucks Cash Loans (NCT/267093/2023/57(1)) [2025] ZANCT 26 (28 March 2025)
The Tribunal found that the respondent repeatedly contravened the National Credit Act by failing to conduct proper affordability assessments, charging excessive interest and initiation fees, imposing prohibited undisclosed fees, and engaging in misleading advertising. The respondent's conduct amounted to prohibited conduct and reckless lending, as evidenced by the investigation of ten sampled credit agreements. The respondent did not lawfully cancel its registration and continued to operate in contravention of statutory requirements. The Tribunal held that cancellation of registration, declaration of prohibited conduct, refunds to affected consumers, rescission of judgments, appointment...
- Citation
- [2025] ZANCT 26
- Parties
- Applicant: National Credit Regulator; Respondent: K2014241715 (South Africa) (Pty) Ltd t/a Quick Bucks Cash Loans
- Court
- National Consumer Tribunal
- Jurisdiction
- South Africa
- Judgment Date
- 28 March 2025
- Case Number
- NCT/267093/2023/57(1)
- Procedural Posture
- Administrative Application / Final Judgment After Hearing
- Outcome
- Application granted. The respondent's registration as a credit provider is cancelled, prohibited conduct declared, refunds and rescission of judgments ordered, and an administrative fine imposed.
- Judges
- Z Ntuli, S Hockey, S Mbhele
- Legal Topics
- National Credit Act, Reckless Lending, Affordability Assessment, Prohibited Advertising, Undisclosed Fees, Administrative Fine
Case Brief
Summary, issues, holding and outcome
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Parties
National Credit Regulator
Applicant
K2014241715 (South Africa) (Pty) Ltd t/a Quick Bucks Cash Loans
Respondent
Procedural Posture
Administrative Application / Final Judgment After Hearing
Legal Issues
- 1 Did the respondent contravene the National Credit Act and its regulations in its lending practices?
- 2 Did the respondent engage in prohibited advertising and charge undisclosed fees?
- 3 Were credit agreements extended recklessly without proper affordability assessments?
Ratio Decidendi
The Tribunal found that the respondent repeatedly contravened the National Credit Act by failing to conduct proper affordability assessments, charging excessive interest and initiation fees, imposing prohibited undisclosed fees, and engaging in misleading advertising. The respondent's conduct amounted to prohibited conduct and reckless lending, as evidenced by the investigation of ten sampled credit agreements. The respondent did not lawfully cancel its registration and continued to operate in contravention of statutory requirements. The Tribunal held that cancellation of registration, declaration of prohibited conduct, refunds to affected consumers, rescission of judgments, appointment...
Court Disposition
Application granted. The respondent's registration as a credit provider is cancelled, prohibited conduct declared, refunds and rescission of judgments ordered, and an administrative fine imposed.
Orders
- It is declared that the respondent contravened multiple provisions of the National Credit Act and its regulations as listed in paragraph 70.1.
- The contraventions are declared prohibited conduct.
Full Case Text
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