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When and how to have a judgement rescinded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Applying to court to have an emolument (salary) attachment order rescinded or amended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 16: Cell phone scams, e-mail scams and card cloning

TELEPHONE CALL FROM A FALSE BANK OFFICIAL

You get a telephone call from a so-called bank official. They explain that the bank needs to transfer your money to an account that will be safe and give a good reason for this. You are asked to confirm your ID and account number. Then your money gets transferred out of your account, never to be seen again.

E-MAIL ASKING YOU TO UPDATE OR CONFIRM YOUR BANKING DETAILS

There are many email scams (called phishing), for example: You get an e-mail from your ‘bank’ asking you to click on a link to update or confirm your personal details. Often the message would say that it is because the ‘bank’ picked up a fraudulent transaction on your account. An email pretends to be from SARS, saying SARS owes you money and wants to pay you back, but needs your banking details to do so Clicking on the link will take you to a website that looks the same as that of your bank’s or SARS’s. When you enter your details you are giving them to the fraudsters.

CARD CLONING

Card cloning can happen when, for example, you hand over your card to pay for petrol at a garage or a meal at a restaurant, or when you draw cash from an ATM. Criminals attach a card ‘reader’ to the card machine or ATM to copy the details on your card. They then transfer those details to a blank card using special equipment.

WHAT CAN YOU DO?

  • Never confirm your personal details over the phone or by clicking on an e-mail link. None of the banks (or SARS) will ever phone you or send you an e-mail asking you to confirm your details. If you fall victim to such a scam it could be very difficult for you to claim your money back, because the banks could say that you were negligent in giving out your personal details.
  • Never let your card out of your sight – rather ask for the card machine to be brought to you.
  • In some instances (like when you buy something over the internet or the phone) the number on the back of your card will be needed to complete the transaction. Write this number down and keep it in a safe place (just as you would with your PIN), and black out the number on the card itself. This helps to protect you against fraud if your card is lost or stolen.