National Credit Regulator v Van Dyk (NCT/2017/2011/57(1)(P)) [2012] ZANCT 1 (18 January 2012)

National Credit Regulator v Van Dyk (NCT/2017/2011/57(1)(P)) [2012] ZANCT 1 (18 January 2012)

The Tribunal found that the Respondent repeatedly contravened both the general and specific conditions of her registration as a debt counsellor and the National Credit Act. The Respondent failed to comply with statutory procedures for debt review, including timely notification to credit providers and credit bureaux, and was unaware of certain regulatory requirements. She unlawfully received and distributed consumer funds, charged administrative fees not authorised by the Act or her registration, and failed to maintain adequate records. The Tribunal determined that these contraventions constituted prohibited conduct under section 150(a) of the Act. The seriousness of the procedural and...

Citation
[2012] ZANCT 1
Parties
Applicant: National Credit Regulator; Respondent: Susan Catherina Van Dyk
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
18 January 2012
Case Number
NCT/2017/2011/57(1)(P)
Procedural Posture
Review Application / Final Determination After Multiple Adjournments and Hearings
Outcome
The Respondent is found to have repeatedly contravened her registration conditions and the National Credit Act, constituting prohibited conduct. Her registration as a debt counsellor is cancelled with immediate effect. She is ordered to refund all administrative fees unlawfully charged to consumers and to surrender...
Judges
T Woker, D Terblanche, X May
Legal Topics
National Credit Act, Debt Counsellor Registration, Prohibited Conduct, Administrative Fines, Refund of Fees
Banking and Finance Civil Procedure National Credit Act Debt Counsellor Registration Prohibited Conduct Administrative Fines Refund of Fees

Case Brief

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Parties

National Credit Regulator

Applicant

Susan Catherina Van Dyk

Respondent

Procedural Posture

Review Application / Final Determination After Multiple Adjournments and Hearings

Legal Issues

  1. 1 Did the Respondent repeatedly contravene the conditions of registration as a debt counsellor under the National Credit Act?
  2. 2 Did the Respondent engage in prohibited conduct by failing to comply with statutory procedures and by receiving and distributing consumer funds?
  3. 3 Is the Respondent liable to refund administrative fees unlawfully charged to consumers?

Ratio Decidendi

The Tribunal found that the Respondent repeatedly contravened both the general and specific conditions of her registration as a debt counsellor and the National Credit Act. The Respondent failed to comply with statutory procedures for debt review, including timely notification to credit providers and credit bureaux, and was unaware of certain regulatory requirements. She unlawfully received and distributed consumer funds, charged administrative fees not authorised by the Act or her registration, and failed to maintain adequate records. The Tribunal determined that these contraventions constituted prohibited conduct under section 150(a) of the Act. The seriousness of the procedural and...

Court Disposition

The Respondent is found to have repeatedly contravened her registration conditions and the National Credit Act, constituting prohibited conduct. Her registration as a debt counsellor is cancelled with immediate effect. She is ordered to refund all administrative fees unlawfully charged to consumers and to surrender...

Orders

  • The Respondent is declared to be in repeated contravention of general conditions No 2, 9, and 11 and the specific condition of her registration.
  • The Respondent is declared to be in repeated contravention of section 86(4)(b)(i) read with regulation 24(2), and section 86(6) read with regulation 24(6) and regulation 24(10) of the National Credit Act.