NCR v Zahid Adams t/a SA Credit Solutions (Pty) Ltd (NCT/116600/2018/57(1)) [2021] ZANCT 32 (14 August 2021)

NCR v Zahid Adams t/a SA Credit Solutions (Pty) Ltd (NCT/116600/2018/57(1)) [2021] ZANCT 32 (14 August 2021)

The Tribunal found, on the balance of probabilities and in the absence of credible evidence from the Respondent, that the Respondent repeatedly contravened the National Credit Act, its regulations, and conditions of registration as a debt counsellor. The Respondent failed to obtain proper consent and documentation from consumers, did not refer matters to court or tribunal as required, overcharged fees, and disregarded previous Tribunal orders. These contraventions were serious, ongoing, and prejudicial to consumers, justifying cancellation of the Respondent's registration and the imposition of an administrative fine. The Tribunal dismissed all points in limine raised by the Respondent and...

Citation
[2021] ZANCT 32
Parties
Applicant: National Credit Regulator; Respondent: Zahid Adams t/a SA Credit Solutions (Pty) Ltd
Court
National Consumer Tribunal
Jurisdiction
South Africa
Judgment Date
14 August 2021
Case Number
NCT/116600/2018/57(1)
Procedural Posture
Review Application / Default Hearing; Application for Cancellation of Registration and Administrative Fine
Outcome
Application granted. Respondent's registration as a debt counsellor cancelled. Administrative fine imposed.
Judges
D. Terblanche, L. Best, M. Peenze
Legal Topics
Debt Counsellor Registration, Prohibited Conduct, Administrative Fine, Consumer Protection, Failure to Comply With Conditions, Debt Counselling Fee Guidelines
Banking and Finance Administrative Law Debt Counsellor Registration Prohibited Conduct Administrative Fine Consumer Protection Failure to Comply With Conditions Debt Counselling Fee Guidelines

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Parties

National Credit Regulator

Applicant

Zahid Adams t/a SA Credit Solutions (Pty) Ltd

Respondent

Procedural Posture

Review Application / Default Hearing; Application for Cancellation of Registration and Administrative Fine

Legal Issues

  1. 1 Whether the Respondent repeatedly contravened the National Credit Act, its regulations, and conditions of registration as a debt counsellor.
  2. 2 Whether the Respondent's conduct constitutes prohibited conduct under the Act.
  3. 3 Whether the Respondent's registration as a debt counsellor should be cancelled.

Ratio Decidendi

The Tribunal found, on the balance of probabilities and in the absence of credible evidence from the Respondent, that the Respondent repeatedly contravened the National Credit Act, its regulations, and conditions of registration as a debt counsellor. The Respondent failed to obtain proper consent and documentation from consumers, did not refer matters to court or tribunal as required, overcharged fees, and disregarded previous Tribunal orders. These contraventions were serious, ongoing, and prejudicial to consumers, justifying cancellation of the Respondent's registration and the imposition of an administrative fine. The Tribunal dismissed all points in limine raised by the Respondent and...

Court Disposition

Application granted. Respondent's registration as a debt counsellor cancelled. Administrative fine imposed.

Orders

  • All points in limine raised by the Respondent are dismissed.
  • The Respondent has repeatedly contravened specified sections of the National Credit Act, regulations, and conditions of registration.