The National Credit Act, 2005 (“NCA”) protects consumers in the context of credit granting and credit agreements. The NCA codifies a number of basic rights of consumers with regard to the credit market.
The NCA introduced new rights for consumers and established measures that assist consumers in making informed decisions before entering into a credit transaction. Some of these consumer rights include the right to:
- Apply for credit free of discrimination against the borrower
- Receive a copy of a credit agreement
- Privacy regarding consumers’ personal information
- Assistance by a debt counsellor to assist over-indebted consumers with restructuring debts to prevent unnecessary forfeiture of assets.
The NCA also regulates aspects such as the content of credit agreements, automatic credit limit increases, the practice of reckless lending, as well as the fees and interest allowed with regards to credit agreements.
Adams & Adams has a team of professionals that can assist with:
- The reviewing and updating of contracts, policies and other documents in relation to the NCA
- Advice on credit agreements and the NCA
- Litigation relating to credit matters.
Danie’s clients range from entrepreneurs and technology start-ups to well-known multi-nationals. Clients often seek his advice regarding the establishment of an enterprise in South Africa, and he drafts and reviews agreements needed for their operations and to grow their businesses.
Leander has 21 years’ post-qualification experience and his practice areas include commercial litigation and dispute resolution with special focus on specialised recoveries (most of his clients in this regard are banks), Construction Law (he advises developers and employers) and Insolvency and Company Law (here he acts for corporate entities and liquidators/receivers/trustees as well as creditors).