South Africa Case Law

National Credit Regulator v Collectnet PDA (Pty) Ltd (NCT/267892/2023/55(6))

National Credit Regulator v Collectnet PDA (Pty) Ltd (NCT/267892/2023/55(6)) [2024] ZANCT 64 (17 October 2024)

Court

National Consumer Tribunal

Case number

NCT/267892/2023/55(6)

Judges

S Hockey, A Potwana, CJ Ntsoane

The Tribunal found, on a balance of probabilities, that the respondent failed to comply with most requirements of the compliance notice issued by the NCR. The respondent's denials were largely unsupported by evidence, and its attempts at compliance were either inadequate, misconstrued, or out of time. The respondent continued to use an unlawful bank account, failed to distribute funds within the required timeframe, inaccurately reported transactions, and did not appoint an independent service provider as required. The Tribunal concluded that these repeated contraventions constituted prohibite…

Source excerpt

• National Credit Act Compliance
• Payment Distribution Agents
• Trust Account Requirements
• Administrative Fines
• Prohibited Conduct
• Registration Cancellation

National Credit Regulator v Van Zyl and Another (NCT/295867/2023/57(1))

National Credit Regulator v Van Zyl and Another (NCT/295867/2023/57(1)) [2024] ZANCT 73 (3 August 2024)

Court

National Consumer Tribunal

Case number

NCT/295867/2023/57(1)

Judges

C Sassman, S Mbhele, MC Peenze

The Tribunal found that the first respondent repeatedly contravened the National Credit Act, its regulations, and his conditions of registration as a debt counsellor. The evidence, which was deemed admitted due to the lack of opposition, established serious breaches including charging unlawful fees, failing to keep proper records, placing consumers under debt review without proper documentation, and receiving payments directly from consumers for distribution to creditors. These actions amounted to prohibited conduct under section 150(a) of the NCA. The Tribunal determined that the first respo…

Source excerpt

• National Credit Act
• Debt Counselling
• Prohibited Conduct
• Administrative Fine
• Registration Cancellation

National Credit Regulator v Mosadi 19 Trading Enterprise (Pty) Ltd (NCT/223369/2022/57(1))

National Credit Regulator v Mosadi 19 Trading Enterprise (Pty) Ltd (NCT/223369/2022/57(1)) [2022] ZANCT 29 (17 June 2022)

Court

National Consumer Tribunal

Case number

NCT/223369/2022/57(1)

Judges

T Bailey, J Simpson, N Sephoti

The Tribunal found that the respondent repeatedly contravened the National Credit Act and associated regulations by failing to conduct proper affordability assessments, granting reckless credit, charging excessive interest and costs, including unlawful provisions in credit agreements, failing to provide pre-agreement statements and quotations, and not submitting required financial and operational returns. The respondent's conduct constituted prohibited conduct under section 150(a) of the Act. The Tribunal held that these egregious contraventions justified the cancellation of the respondent's…

Source excerpt

• Reckless Credit
• Affordability Assessment
• Excessive Interest
• Unlawful Contract Terms
• Registration Cancellation
• Administrative Fine

National Credit Regulator v Orange Cash Loans (Pty) Ltd (NCT/134241/2019/57(1))

National Credit Regulator v Orange Cash Loans (Pty) Ltd (NCT/134241/2019/57(1)) [2019] ZANCT 166 (7 November 2019)

Court

National Consumer Tribunal

Case number

NCT/134241/2019/57(1)

Judges

B Dumisa, T Woker, L Best

The Tribunal cancelled a credit provider’s registration, ordered auditor-led refunds, and imposed a R200,000 fine after default findings of repeated NCA breaches.

• National Credit Act
• Reckless Lending
• Affordability Assessment
• Administrative Fine
• Registration Cancellation
• National-credit-act

National Credit Regulator v Murphy and Sons Cash Loans CC (NCT/82548/2017/57(1))

National Credit Regulator v Murphy and Sons Cash Loans CC (NCT/82548/2017/57(1)) [2018] ZANCT 14 (23 February 2018)

Court

National Consumer Tribunal

Case number

NCT/82548/2017/57(1)

Judges

FK Manamela, J Simpson, M Nkomo

The Tribunal found that the Respondent repeatedly contravened the National Credit Act and the conditions of its registration as a credit provider. The Respondent failed to conduct proper affordability assessments, entered into reckless credit agreements, failed to keep proper records, did not provide required pre-agreement statements and quotations, and charged excessive interest and fees. The Respondent did not oppose the application and failed to appear at the hearing, resulting in the Applicant's allegations being deemed admitted. The Tribunal concluded that these contraventions amounted t…

Source excerpt

• National Credit Act
• Reckless Lending
• Administrative Fine
• Registration Cancellation
• Consumer Refund