CONSUMER RIGHTS AND REMEDIES IN THE LEGAL PROCESS – Legal Fundi

Chapter 13

More From this Chapter

Problem 7: Helping a person who has a problem with getting credit

Problem 6: Helping a person who has a problem with repaying debt

The right to privacy

Checklist: Particulars to take for a consumer law problem

Problem 16: Cell phone scams, e-mail scams and card cloning

Problem 15: Being robbed at an ATM

Problem 14: Getting a civil judgment in a criminal case

Problem 13: Repossessed goods are sold for less than the amount still owing on the goods

Problem 12: How to respond to a summons

Problem 11: Repossession of goods without a court order

Problem 10: Repossession of goods with a valid court order

Problem 9: Going to a debt counsellor

Problem 8: Granting credit recklessly

Problem 5: Helping a person assess their financial situation and drawing up a budget

Problem 4: Something goes wrong with goods you have bought

Problem 3: Breach of contract

Problem 2: Breaking a promise

Problem 1: Minor entering into a contract

CONSUMER RIGHTS AND REMEDIES IN THE LEGAL PROCESS

What is microlending?

Retirement annuity

Investment insurance

Short-term insurance

What is insurance?

HANDING BACK (SURRENDERING) GOODS BOUGHT ON CREDIT

ATTORNEY’S FEES AND CHARGES

Applying to court to stop the sale of your goods

Applying to court to have an emolument (salary) attachment order rescinded or amended

When and how to have a judgement rescinded

Debt collector’s rules

Defences – Prescription and in duplum

Judgements and other court orders

General guidelines for consumers

Types of credit agreements

Legal consequences of defaulting on debt obligations

How can consumers lodge a complaint?

The right to information

The right to responsible marketing

The right to good quality and safety

The right to choose (including the right to choose to cancel)

Protection when making a loan application

CONSUMER RIGHTS UNDER THE CONSUMER PROTECTION ACT, 2008 (CPA)

Where can consumers lodge a complaint?

Role of credit bureaus

Administration order

Debt counselling

Reckless lending

Putting a ceiling on interest rates, fees and charges

Rules when marketing to consumers

The National Credit Regulator (NCR) and the Consumer Tribunal

The National Credit Amendment Act (No 7 of 2019)

When does a contract end?

What happens if there is a breach of contract?

Breaking a contract

Married people and contracts

Can a minor enter into a contract?

What are the requirements for a contract?

MICROLENDING AND MICROLENDERS

USING A DEBT COUNSELLOR

BEING UNDER ADMINISTRATION

THE NATIONAL CREDIT ACT (NCA) NO 34 OF 2005

WHAT IS A CONTRACT?

CONSUMER RIGHTS AND REMEDIES IN THE LEGAL PROCESS

There are many stories about consumers who have been badly treated by debt collectors who threaten them if they do not pay, about deductions from salaries that leave a consumer with no money to live on, and Sheriffs selling goods yet consumers still having to pay most of the debt. This section provides some general guidelines and tells you what remedies consumers have in these and other situations.

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