Chapter 13
Related Sections
1
INTRODUCTION
2
WHAT IS A CONTRACT?
3
What are the requirements for a contract?
4
Can a minor enter into a contract?
5
Married people and contracts
6
Breaking a contract
7
What happens if there is a breach of contract?
8
When does a contract end?
9
THE NATIONAL CREDIT ACT (NCA) NO 34 OF 2005
10
The National Credit Amendment Act (No 7 of 2019)
11
The National Credit Regulator (NCR) and the Consumer Tribunal
12
Rules when marketing to consumers
13
Putting a ceiling on interest rates, fees and charges
14
Types of credit agreements
15
Protection when making a loan application
16
Reckless lending
17
Debt counselling
18
Administration order
19
Role of credit bureaus
20
Where can consumers lodge a complaint?
21
CONSUMER RIGHTS UNDER THE CONSUMER PROTECTION ACT, 2008 (CPA)
22
The right to privacy
23
The right to choose (including the right to choose to cancel)
24
The right to good quality and safety
25
The right to responsible marketing
26
The right to information
27
How can consumers lodge a complaint?
28
REPAYING DEBT
29
Legal consequences of defaulting on debt obligations
30
Judgements and other court orders
31
CONSUMER RIGHTS AND REMEDIES IN THE LEGAL PROCESS
32
General guidelines for consumers
33
Defences – Prescription and in duplum
34
Debt collector’s rules
35
When and how to have a judgement rescinded
36
Applying to court to have an emolument (salary) attachment order rescinded or amended
37
Applying to court to stop the sale of your goods
38
ATTORNEY’S FEES AND CHARGES
39
BEING UNDER ADMINISTRATION
40
USING A DEBT COUNSELLOR
41
HANDING BACK (SURRENDERING) GOODS BOUGHT ON CREDIT
42
MICROLENDING AND MICROLENDERS
43
What is microlending?
44
INSURANCE
45
What is insurance?
46
Life assurance
47
Short-term insurance
48
Investment insurance
49
Retirement annuity
50
PROBLEMS
51
Problem 1: Minor entering into a contract
52
Problem 2: Breaking a promise
53
Problem 3: Breach of contract
54
Problem 4: Something goes wrong with goods you have bought
55
Problem 5: Helping a person assess their financial situation and drawing up a budget
56
Problem 6: Helping a person who has a problem with repaying debt
57
Problem 7: Helping a person who has a problem with getting credit
58
Problem 8: Granting credit recklessly
59
Problem 9: Going to a debt counsellor
60
Problem 10: Repossession of goods with a valid court order
61
Problem 11: Repossession of goods without a court order
62
Problem 12: How to respond to a summons
63
Problem 13: Repossessed goods are sold for less than the amount still owing on the goods
64
Problem 14: Getting a civil judgment in a criminal case
65
Problem 15: Being robbed at an ATM
66
Problem 16: Cell phone scams, e-mail scams and card cloning
67
CHECKLIST
68
Checklist: Particulars to take for a consumer law problem

Problem 15: Being robbed at an ATM

More and more people are being cheated and robbed when they draw money from a bank ATM using their bank cards. ATM fraud is becoming more and more common.

Your PIN is the code you type in which allows you to use your bank account at an ATM. It is a secret code and no one can use your bank card without having this PIN. Criminals trick you into getting your card and your PIN, and then they can use your bank card to draw money from your bank account.

WHAT CAN YOU DO?

If your card has been stolen or lost, take the following steps:

  • Immediately telephone the lost card number of your bank from a call-box or a friend’s cellphone and ask them to cancel your card
  • If you are at the bank, immediately report this to the person at the enquiry desk and ask them to cancel your card
REMEMBER:

Don’t write your PIN on a piece of paper that you keep with your bank card. If you can, just memorise your PIN and don’t have it on paper anywhere. Otherwise keep the PIN in a safe place at home separate from your bank card.

Always carry your bank’s ‘lost card’ telephone number with you in a safe place, separate from the place where you keep your bank card.

Here are some of the different ways that you can be tricked when you are drawing money from an ATM machine and what you could do to prevent this happening.

CARD-SWOPPING

A thief watches you typing in your PIN. The thief distracts you after you have drawn the money, for example, by asking you for help. While you are distracted, another thief takes your card and slips a different card into the machine. You then leave the machine and put the wrong card in your pocket. The thieves have got your card and your secret PIN.

  • Stand close to the ATM when you key in your PIN, and try to use your hand and body to cover what you are typing in so no one else can see it
  • Don’t let anything distract you when using an ATM
  • Always check your card before you leave the ATM. To make this easier, put a spot of nail polish on the corner of the card. If someone has left with your card, report this to the bank immediately and ask the bank to cancel the card.

VANDALISING ATM MACHINES

Criminals put matchsticks or other items into the ATM card slot. You insert your card, and you key in your PIN. A criminal watches to see your PIN. The matches make your card get stuck – so you think your card has been swallowed by the ATM.

The person behind you offers to make a call for you on their cell phone, saying they’ve got the bank’s lost card number. But the call goes through to an accomplice pretending to be a bank employee. This criminal says he needs your PIN number in order to cancel the card. You then leave thinking you have cancelled your card. The thieves then take out your card from the machine with a small tool, and they have got your PIN.

  • Don’t key in your PIN until the ATM machine asks for it
  • Don’t accept help from strangers at an ATM
  • Never tell anyone your PIN. The bank never needs your PIN for anything, including not for cancelling your card. So be very suspicious of anyone who asks you for your PIN for whatever reason.