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South Africa decisions
Decisions matching the current search
Garb v ABSA Bank Limited (NCT/23189/2021/141(1)(b)) [2022] ZANCT 51 (6 October 2022)
The Tribunal refused leave to refer a consumer complaint against ABSA, finding no alleged NCA contravention and no jurisdiction over constitutional damages or defamation.
Crouch v FirstRand Bank Ltd t/a Wesbank (1957/2020) [2021] ZANCHC 64 (19 November 2021)
The High Court dismissed an application for leave to appeal, finding no reasonable prospects of success against refusal of rescission and no error in the credit assessment findings.
Firstrand Bank Linited v Mafora (40350/2012) [2020] ZAGPPHC 75 (5 March 2020)
The High Court held that Firstrand Bank complied with section 129 and did not grant reckless credit. Judgment was entered for the outstanding balance and the property was declared executable.
Agattu Trading 191 (Pty) Ltd v C.M and Another (A68/2018) [2019] ZAGPPHC 175 (24 May 2019)
The appeal succeeded because the credit provider had conducted a proper credit assessment, including consideration of the consumer's assets and the reasonable prospect of obtaining a long-term loan or selling the property to settle the debt. The consumer failed to plead and prove over-indebtedness as required by the National Credit Act. The magistrate's finding that the loan was reckless was incorrect, as the evidence showed that the property was adequately valued and considered in the assessment. The renewal agreement was not reckless but provided the consumer with an opportunity to settle t…
Source excerpt
Makda v MFC, a Division of Nedbank Limited and Others (2018/28419) [2019] ZAGPPHC 121 (7 March 2019)
The High Court dismissed an application to declare vehicle finance agreements reckless under the National Credit Act, finding proper credit assessments were conducted.
Horwood v Firstrand Bank Ltd (2010/36853) [2011] ZAGPJHC 121 (21 September 2011)
High Court case on reckless credit under the National Credit Act. The court held the bank had made a sufficient assessment and dismissed the application.
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