Firstrand Bank Ltd t/a Wesbank v Baliso (4064/2013)
Firstrand Bank Ltd t/a Wesbank v Baliso (4064/2013) [2015] ZAWCHC 146 (21 January 2015)
The court held that section 127(2)(b) of the National Credit Act does not require delivery of the notice by registered mail, nor does it require compliance with the Sebola guidelines applicable to section 129(1) notices. The statutory language and context distinguish the surrender of goods procedure from debt enforcement, and section 65 of the NCA explicitly allows delivery by ordinary mail. The plaintiff's particulars of claim were sufficient, and the exception was dismissed. The defendant's alternative prayer for adjournment was also dismissed as the plaintiff had complied with the procedur…
Source excerpt
- National Credit Act
- Delivery Of Documents
- Exception Procedure
- Voluntary Surrender Of Goods