First Rand Bank Ltd v Evans (1693/10)
First Rand Bank Ltd v Evans (1693/10) [2010] ZAECPEHC 55 (31 August 2010)
The court held that the National Credit Act entitles a credit provider to terminate the debt review process under section 86(10) even after the debt counsellor has referred the matter to the Magistrate's Court, up until a restructuring order is made. The consumer's rights are protected by section 86(11), which allows the Magistrate's Court to order the resumption of the debt review process if justice so requires. Section 129(2) does not preclude the delivery of a termination notice in these circumstances. The defendant failed to establish a defence to the plaintiff's claim for summary judgmen…
Source excerpt
- National Credit Act
- Debt Review Process
- Summary Judgment
- Magistrates Court Jurisdiction
- Moratorium On Enforcement
- Sale In Execution