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When and how to have a judgement rescinded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Applying to court to have an emolument (salary) attachment order rescinded or amended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

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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