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South Africa Case Law

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Banking And Finance [2018] ZANCT 72

Singh v Motor Finance Corporation, A Division of Nedbank Limited (NCT/94274/2017/141(1))

Singh v Motor Finance Corporation, A Division of Nedbank Limited (NCT/94274/2017/141(1)) [2018] ZANCT 72 (19 June 2018)

The Tribunal refused leave to refer a credit complaint, finding it prescribed and beyond its jurisdiction, and ordered the applicant to pay costs capped at R5000.

  • National Credit Act
  • Leave To Refer
  • Prescription
  • Costs Order
  • Credit Bureau Inquiry
  • National-credit-act
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Banking And Finance [2018] ZANCT 102

Amith Kedhar Singh v Motor Finance Corporation, A Division of Nedbank Limited (NCT/94274/2017/141(1))

Amith Kedhar Singh v Motor Finance Corporation, A Division of Nedbank Limited (NCT/94274/2017/141(1)) [2018] ZANCT 102 (19 June 2018)

The Tribunal found that Mr Singh's complaint was prescribed under section 166 of the National Credit Act, as it arose from a credit agreement signed in February 2013 and was lodged more than three years later. The Tribunal held that it had no jurisdiction over the respondent's Financial Services Provider licence status, as this is regulated by the Financial Services Board, not the NCA. The allegations regarding credit bureau access were unsupported by evidence and, even if true, were not material to the relief sought. The Tribunal concluded that Mr Singh's application had no reasonable prospe…

  • National Credit Act
  • Leave To Refer
  • Prescription
  • Credit Bureau Inquiry
  • Cost Order
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.