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Summary - Actors of the National Credit Act- Business Law 2 (CML2010S) $9.04   Add to cart

Summary

Summary - Actors of the National Credit Act- Business Law 2 (CML2010S)

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This document provides a concise summary focused on the actors of the National Credit Act (NCA). It provides a brief description of the key actors involved and highlights essential factor to consider for each of these actors within the NCA framework

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  • August 4, 2023
  • 1
  • 2023/2024
  • Summary
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‎NCA ACTORS
‎(other relevant actors of the NCA)

‎National Credit Regulator (NCR):



I‎ ndependent juristic person


‎ his is the body with whom credit
T
‎providers must register

I‎ n place to promote the aims and
‎ xample: one way it does this is by
e
‎objectives of the NCA
‎preventing reckless credit


I‎ t regulates the consumer credit industry
‎(i.e by means of providing guidance in the
‎credit market and it educating the public
‎and promoting awareness on the credit
‎market )

‎ hat can happen:
w
I‎ t promotes informal dispute resolution by ‎- if they find that there has been in-
‎investigating ‎compliance to the act, they can provide
‎and dealing with complaints by ‎credit providers with a credit notice (which
‎consumers (i.e it has the power to ‎informs credit providers about what they
‎investigate credit providers) ‎are wrongfully doing and when to stop). if
‎ ‎the credit provider still does not comply,
‎ ‎the matter can be taken to the National
‎tribunal.

I‎ t maintains a register of credit bureaux;
‎credit providers; and debt counsellors


‎Credit Bureaux:



‎ hese are independent repositories
T
‎(archives) of consumer credit information

‎ redit bureaux must register with NCR and
C
‎may not be a natural person (i.e they must
‎be incorporated as a juristic person)

‎ ow can this disadvantage consumers?
h
‎because it is common for a credit provider
‎to do a background check on a consumer’s
i‎nformation kept of consumers needs to ‎credit history with a credit bureau before
‎ redit bureaux investigate consumer
C ‎be accurate, valid and up to date to avoid ‎entering into a new credit agreement with
‎credit records and maintain data on these ‎consumers being disadvantaged as a result ‎them. Therefore, any negative (inaccurate)
‎of this ‎information (Eg: previous non-payment;
‎court judgments ordering payment) can
‎be an obstacle (be a disadvantage) for a
‎consumer


‎ ational Consumer Tribunal
N
‎(NCT):



I‎ s an administrative tribunal with
I‎ t adjudicates (deals) specifically consumer
‎adjudicative function
‎complaints


‎ he tribunal functions like a court and can
T
‎make various orders (e.g.: cancellation of a
‎credit provider’s registration)

‎ hey have the status of High Court orders,
T
‎but it is a separate body from the courts,
‎and it can only hear certain types of matter

‎(cannot deal with enforcement of a debt
‎cannot get an NCT to repossess property
‎etc)


‎Debt Counsellor:



‎ ebt counsellors are natural persons who
D
‎have registered as such with NCR

‎ hey must pass a dedicated debt
T
‎counselling training course to be
‎considered as debt counsellors

‎ heir function in the credit market is to:
T

‎1. Assess consumers for ‘over-indebtedness’
‎as part of the debt review process under
(‎ i.e they assess if consumers are
‎the NCA AND
‎overwhelmed or are in the correct state to

‎enter into a credit agreement)
‎2. They must at the same time investigate
‎whether credit was extended recklessly to
‎the consumer



‎Magistrate Court:



‎ oth Magistrate’s Courts and High Courts
B
‎can hear matters relating to the NCA

‎ B: the normal MONETARY LIMITS do not
N
‎apply to Magistrate’s Court jurisdiction
‎when dealing with NCA matters. Therefore
‎a Magistrate’s Court could hear even a
‎matter concerning a large credit
‎agreement, such as a home loan.

‎This is a good thing as litigation is cheaper
‎in the Magistrate’s Court, which assists
‎consumers

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