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South Africa decisions
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BMW Financial Services v Claassen (42227/2012) [2013] ZAGPPHC 434 (4 December 2013)
High Court postponing a vehicle-repossession application sine die until proper section 129 notice under the National Credit Act is delivered.
Nedbank Ltd v Kruger (1896/2010) [2010] ZAECPEHC 64 (9 November 2010)
Summary judgment was granted to Nedbank in a credit-enforcement matter after the court found the defendant had not shown a bona fide defence.
BMW Financial Services (SA) (Pty) Ltd v Singh (2694/2009, 2695/2009) [2009] ZAKZDHC 78 (19 October 2009)
The court found that the plaintiff had complied with section 129 of the National Credit Act by sending notices and cancellation letters by registered post to the defendant's chosen domicilium address, as required by the Act and relevant regulations. The defendant's failure to receive the notices was attributed to his own arrangements and did not constitute a defence. The procedural challenge to the authority to institute proceedings was rejected as it was not properly raised under Rule 7. The court held that cancellation of the agreements was valid and a prerequisite for the orders sought. Th…
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