X.S.W and Another v Firstrand Bank Limited (A309/18; 28722/16)
X.S.W and Another v Firstrand Bank Limited (A309/18; 28722/16) [2021] ZAGPPHC 112 (17 February 2021)
The court held that the determinative date for compliance with section 130(1)(a) of the National Credit Act is the date of service of summons, not the date of issuing. The respondent complied with the requirements of section 129 and 130 by delivering the notice and serving the summons after the requisite period. The appellants failed to provide any evidence rebutting delivery of the section 129 notice or explaining why it was not received. The court found no reason to depart from the established precedent in De Beer v Nedbank and Kubyana v Standard Bank, and concluded that the respondent was…
Source excerpt
- National Credit Act
- Section 129 Notice
- Section 130 Enforcement
- Summons Service
- Consumer Protection