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South Africa Case Law

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Civil Procedure [2020] ZAGPPHC 35

Kwinana v Mercedes-Benz Finance and Insurance, a division of Mercedes-Benz Financial Services South Africa (Pty) Limited and Another (20044/2019)

Kwinana v Mercedes-Benz Finance and Insurance, a division of Mercedes-Benz Financial Services South Africa (Pty) Limited and Another (20044/2019) [2020] ZAGPPHC 35 (29 January 2020)

The High Court rescinded a default judgment and set aside a vehicle delivery warrant, finding the summons service disputed and the credit agreement enforced prematurely during pending debt review.

  • Rescission Of Judgment
  • Debt Review
  • National Credit Act
  • Service Of Summons
  • Premature Enforcement
  • Rescission-of-judgment
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Banking And Finance [2015] ZANCT 18

National Credit Regulator v Hirst (NCT/22133/2015/57(1))

National Credit Regulator v Hirst (NCT/22133/2015/57(1)) [2015] ZANCT 18 (29 October 2015)

The Tribunal found multiple National Credit Act breaches by the respondent, declared the conduct prohibited, and imposed a R500,000 administrative fine.

  • Reckless Credit
  • Affordability Assessment
  • Negative Option Marketing
  • Prohibited Collection Practices
  • Prescribed Form Of Agreement
  • Premature Enforcement
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Banking And Finance [2015] ZANCT 42

National Credit Regulator v Mega Financial Services (NCT/18888/2014//57(1))

National Credit Regulator v Mega Financial Services (NCT/18888/2014//57(1)) [2015] ZANCT 42 (29 October 2015)

The Tribunal found multiple National Credit Act breaches by a credit provider and declared the conduct prohibited, imposing a R500,000 administrative fine.

  • National Credit Act
  • Reckless Credit
  • Negative Option Marketing
  • Prohibited Collection Practices
  • Form Of Credit Agreements
  • Premature Enforcement
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Banking And Finance [2015] ZANCT 24

National Credit Regulator v Mega Financial Services (NCT/18888/2014/57(1))

National Credit Regulator v Mega Financial Services (NCT/18888/2014/57(1)) [2015] ZANCT 24 (27 May 2015)

Default judgment finding repeated National Credit Act breaches, with conduct declared prohibited and a R500,000 administrative fine imposed.

  • Reckless Credit
  • Affordability Assessment
  • Negative Option Marketing
  • Unlawful Retention Of Bank Cards
  • Prescribed Form Of Agreement
  • Premature Enforcement
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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.