South Africa Case Law

First Rand Bank Ltd v Du Plessis (82121/2018)

First Rand Bank Ltd v Du Plessis (82121/2018) [2019] ZAGPPHC 454 (27 August 2019)

Court

North Gauteng High Court, Pretoria

Case number

82121/2018

Judge

N N Bam

The court found that the respondent failed to pay the required monthly installments under the Credit Facility Agreement, resulting in arrears and breach of contract. The interim arrangement to pay a reduced installment was an indulgence and not a valid amendment, as no written and signed variation existed per the non-variation clause. The respondent's claim that the matter was pending before the Ombudsman was unsupported by evidence; the Ombudsman had closed its file and advised the respondent accordingly. Claims of excessive interest and lack of arrears were unsubstantiated, with no admissib…

Source excerpt

• Credit Facility Agreement
• National Credit Act
• Non Variation Clause
• Default And Enforcement
• Interest Overcharge
• Rectification

National Credit Regulator v Modiscore CC trading as Cash Express (NCT/116726/2018/57(1))

National Credit Regulator v Modiscore CC trading as Cash Express (NCT/116726/2018/57(1)) [2019] ZANCT 27 (19 March 2019)

Court

National Consumer Tribunal

Case number

NCT/116726/2018/57(1)

Judges

J Simpson, L Best, F Manamela

The Tribunal deregistered a credit provider for repeated NCA breaches, including reckless lending, interest overcharges, and retaining SASSA and bank cards.

• Credit Provider Deregistration
• Reckless Lending
• Interest Overcharge
• Retention Of Sassa Cards
• Affordability Assessment
• Administrative Fine