Monday, April 14, 2014

Consumer Protection Act vs The National Credit Act of 2005

. Does the Consumer Protection Act amend the NCA?

The Consumer Protection Act (“the Act”) came into effect on 1 April 2011 and provides an overarching framework for consumer protection. It aims to promote a fair, accessible and sustainable marketplace as well as to provide improved standards of consumer information and to prohibit certain unfair marketing and business practices. All other laws which provide for consumer protection will need to be read with this Act to ensure a common standard of protection.
The Act impinges on a wide range of transactions and consumers and is applicable to all transactions which occur in South Africa regardless of the residence or principle place of business or the supplier.
·         The definition of a “consumer” in terms of the Act includes natural and juristic persons and extends to both the person to whom goods or services are promoted or supplied as well as the actual user of the goods or the recipients/beneficiary of the services. This means that where a product is purchased by one person as a gift for another, both the purchaser (who entered into the sales agreement) as well the recipient of the gift will be regarded as consumers. Goods or services promoted or supplied to the state, in other words, where the state is the consumer;

·         Transactions pertaining to services under employment contracts;
·         Agreements giving effect to collective bargaining agreements;
·         Agreements giving effect to bargaining agreements in accordance with section 23 of the Constitution and the Labour Relations Act; and
·         Credit agreements, in terms of the National Credit Act, No. 35 of 2005.

Note that even though credit agreements are excluded from the ambit of the Act, the goods and services supplied in terms of the credit agreement are not excluded. This means that when a credit provider sells a product to a consumer on credit, the credit agreement must be drafted in terms of the National Credit Act. The consumer will however be offered the protection regarding the product, for example the right to return faulty goods, as set out in the Consumer Protection Act.

Section 9 of the Act however states that if there is inconsistency between the Act and any other law, including the NCA, it must be interpreted concurrently. The Act therefore needs to be applied concurrently with the National Credit Act. If it cannot be interpreted concurrently, the act that is most beneficial to the consumer will prevail. Thus if the Consumer Protection Act affords better protection to a consumer than the National Credit Act, then the Consumer Protection Act will apply in that instance. The contrary will also hold true, where an existing piece of legislation already protects the consumer adequately or better than the Consumer Protection Act, then that piece of legislation will take precedence. The practical impact hereof is that, as in our example above, if a credit provider sells a product to a consumer under a credit agreement, the credit agreement must comply with the requirements of both the NCA and the CPA. This will include that the agreement be drafted in plain, understandable language, that it not contain any prohibited contract terms and conditions and a consumer must not be required to waive any rights.

Thursday, May 13, 2010

Cutting from all edges.

Cutting from all edges.

South African consumers are reeling from the tough economic conditions, which have

led to many of them becoming over-indebted.

• Know your financial status – It helps to know all your creditors.

• Communicate with your credit providers – When you are experiencing problems

repaying your debts, contact your creditors and discuss your situation with them.

• Avoid getting more debt, rather downgrade and change your lifestyle – If you drive

an expensive car consider a down grade for a less expensive car as it’ll reduce your

monthly instalment thus enabling you to pay other debts. Also consider using public

transport.

• Look twice for a better price – When you do your groceries compare prices across

major stores and settle for less.

• If you need professional support and a helping hand, contact a registered

debt counsellor on 021- 447 4100. Remember that when you are under debt

counselling you are not allowed to get further credit until your debts have been

settled.

• If you are facing repossession, seek advice as you have rights.

Below is a list of items that you can cut from your

budget in order to stay afloat:

• Alcohol

• Tobacco / cigarettes;

• Entertainment

• Club membership

• Pay TV / Satellite TV

• Holiday clubs

• Gambling

In addition, go to your financial advisor and review the insurance contracts that you

have. You may find that you do not really need some of them. Remember to get advice

on this before making any decision.

“Only buy items that you cannot survive without and look for specials. If you are used

to buying takeaways or eating out cut on this and prepare your own food. This may also

prove to be healthier,”

Use any savings you are making from your adjustment to pay the most

expensive loans such as micro loans followed by your credit card.”

For more info: Website www.jjerr.co.za

Thursday, April 29, 2010

What is Debt Review or Debt Counselling?

What is Debt Review or Debt Counselling?

Debt Review came in to effect in June 2007 with the creation of the National Credit Act (NCA) and National Credit Regulator (NCR).

A person is over -indebted when after paying for essential living expenses (like food, transport and insurance) when there is not sufficient funds available to pay for all the monthly debt or monthly instalments on debt. Any person that is over- indebted and that earns an income can apply for Debt Review.

Debt Review or Debt Counselling could be a life saver or life changer to an over- indebted consumer. Before June 2007 a creditor would take legal action against any person that falls behind on monthly payments. Today we have Debt Review.

Any person who is unable to pay his full monthly debt payments can apply for Debt Review. A Debt Counsellor will be appointed to negotiate on your behalf to creditors for payments that you can afford. This is great, because before you as individual had limited negotiation power with the creditor. Now you have a debt counsellor on your side to negotiate affordable payments to the creditor.

Debt Review Process

The consumer applies for debt review with the help of a debt counsellor or consultant. The Debt Counsellor will explain to the consumer what debt review is.

The consumer completes and signs a debt review application form. The form is called a Form 16. Form 16 together with supporting documents is handed over to the debt counsellor or consultant.

The details on the form 16 are captured immediately. Within 5 days (normally sooner) all creditors are notified with form 17.1 that consumers is applying for debt review. The debt review application is now in process. No legal action from creditor is now possible.

The debt review process takes 60 working days. The creditor has 5 business days to provide information on consumer. This is checked against what the consumer presented to debt counsellor. After 5 days, the creditor is reminded to give feedback. Another 10 days grace is given to the consumer.

If the debt counsellor does not receive conformation from creditors, he may presume that the figure provided by the consumer are correct. The debt counsellor will now determine if the consumer is over indebted.

The debt counsellor will now prepare a debt restructuring proposal to the creditors. The proposal must be sent 25 days from date of application. All creditors have 10 days to respond. If there is no response, the creditors will get a reminder and another 5 days to respond.

The proposals will be sent to various creditors.

For more info on debt review : Email: jjerrccs@jacqui-k.co.za

Website: www.jjerr.co.za

Wednesday, April 21, 2010

Debt Counsellors have a duty to make all debt review applications to Court.

Debt Counsellors have a duty to make all debt review applications to Court.

The National Credit Act was fully implemented in 2007 and Debt Counsellors now have a duty to make all debt review applications to Court.We as Debt Counsellor’s must subpoena all the creditors to court. Some creditors don’t adhere to the National Credit Act therefore once a creditor is Subpoena to Court. When a client receives a letter of demand we can still proceed with a Notice of Motion order that we have received from the Clerk of the Court. The Notice of Motion order have the court date, that is usually the Legal document that creditors require to Pend all Legal action.

Russell Damon NCRD263 a Registered debt counsellor at JJerr Consulting firmly believes if all debt counsellors make Court applications to court. Creditors will have a back foot in the industry. Creditors intend to put additional interest on their clients’ accounts. And yes they do have the right to do it. But all this blow up in proportion as extra interest accumulate. When a matter is at Court creditors must pay more cost for attorneys. As Debt Counsellors we notify our clients what the legal fees will be. This past week I have been placing matters on the Court Roll. It took so much time but it is worth the effort as you see your client happy.

We as debt Counsellors are moving in the right direction. Building a relationship with the creditor is also a must as you can pend the legal action. You can also get a consent order from the creditor as some creditors want to avoid going to court. A Consent order is where the creditor accept the agreement that the debt Counsellor offer. How lovely it will be if all creditors can agree to consent orders. Let’s face the creditors in Court. The pressure is always there for the debt counsellor to obtain a sooner date. Only the Magistrate can make a final ruling regarding the clients debt arrangements.

Regards

Russell Damon DC 263

Website: www.debtbreaker.co.za & http://jjerr.co.za

Mobile Browser: http://m.debtbreaker.co.za

Tuesday, March 23, 2010

Money Management tips

Money management tips

Wreckless with your cash? Then follow these simple steps and manage your money like a pro!

Only the rich need to get money managers to control their money, right? Wrong! With a handful of credit cards, cheque accounts and savings accounts – and lots of bills to pay – we all need money managers.

The difference is that if we are not wealthy, the responsibility usually falls squarely on our own shoulders, rather than on someone else’s. While most of us think money management are just paying the bills and staying one step ahead, there are actually nine key points to managing money well.

Follow these steps and you’ll be right up there with the pros!

1. Read your statements
When you get your bank statements, do you read them? Or do you just glance at them and look at the bottom line – what you have or what you owe? You should be looking at each line item, making sure that you are indeed responsible for each line item you’re being charged for. Credit card fraud costs us millions of rands. Unfortunately, many people pay for things that they never bought.

It is well-known that the now liquidated Health and Racquet processed a double debit run in December, knowing that many people would not notice the additional charge as they were too busy relaxing to worry about looking at their bank statements. Over a lifetime, incorrect charges on your cheque and credit card accounts can cost you a small fortune.

Check your bank account statements by cross-referencing them with cheques you wrote out, and credit card slips you have kept. Keep a written record of your disputes, and follow up on the correct handling of them.

2. Pay your bills on time
It wasn’t long ago that most companies did not charge interest on late payment of bills. Payment received a few days late would largely go unnoticed. But then these companies became wise to the actual cost of allowing most clients to get away with this. The result – interest on late payments and, in some cases, late payment penalties that can be particularly onerous.

Many of us lead busy lives; however it’s easy to fall behind a couple of days – no matter how good your intentions are. When it comes to paying your bills, it’s the date your payment is received that counts, not the date of the cheque.

Be on the safe side, and rather pay your bills a few days early.

3. Make sure you have funds available
Bounced cheques can cost you a small fortune by the time you pay the merchant a bounced cheque fee, and your bank another fee. And you will still need to make payment of the original amount. Bouncing cheques is also particularly hazardous as it goes down as a negative scoring with your bank. The next time you make application for credit; this will definitely count against you. Make sure you have the funds available in your account before making out a cheque. Don’t forget about the un-cashed cheques still needing to be processed through your account.

4. Balance your cheque book
This may seem like an old-fashioned thing to be doing, but there is a good reason that all businesses do a bank reconciliation every month, some even doing this daily. Problems can be noted and corrected early on, and each charge is verified and allocated. This process will force you to look at your statement more carefully.

5. Plan your spending
Most people don’t know what they spend their money on. If this is the case, then they are not able to prepare a budget of what to spend money on. So do yourself this favour. For two months, keep an accurate record of everything you spend your money on, down to the nearest ten rand. Categorize the spending into: accommodation/house, groceries, schooling/kids, motoring, entertainment; recurring debit orders etc.

Two things will become evident from the above exercise. Firstly, you will be more than a little surprised at how much you are spending that is not discretionary. In other words, how much of your spending is committed and comes off your account by debit order. Secondly, you will be even more surprised at how small bits of expenditure amount to a large total expenditure.

Now that you know how much money you spend, make a list of how much money you want to spend in each category. Be realistic when trying to trim expenditure in each category. Now look at your total budgeted expenditure, and look at how much is left to spend on the fun stuff, if any.

The best part of creating and sticking to a plan is that, once you’ve taken into account all the bills and regular expenses plus some savings (see step 8), you don’t have to feel guilty about spending what is left over.

6. Handle your banking
Be aware of the banking fees you are paying. For instance, you may be paying up to R8 to withdraw money from another bank’s ATM. Instead, try to withdraw from your own banks ATM. After all, if you only draw R50 and you are charged R8, that’s 16% – ouch!

Work out what your bank charges are costing you, and enquire from your bank if there is a consolidated fee option, that allows you to, say, write up to 15 cheques, make up to 5 withdrawals and deposits, and get two bank statements included in the charge. Remember, your bank is comfortable not giving you this sage advice, as they maximize their banking charges. A little attention to detail can save you quite a lot of money.

7. Pay off debt
It is easy to fall into debt, and about ten times more difficult to get out of it. Debt is simply the excess of expenditure over income. You know how much you earn, but most of us don’t know how much we spend. This emphasizes the need to do step 5 – planning your spending – meticulously.

It helps to have a goal date by which to become debt free. Set that date, and develop a plan to reduce your debt levels. Firstly, make a list of all your debts. Then take the smallest debt, and allocate R400 to repay this debt. When this smallest debt is repaid, take that same R400, lump it with the repayment amount that was servicing that debt, and put it towards repaying the second smallest debt. Soon you will have worked your way through your smaller debts, and can start work on the bigger debts. You will be surprised how quickly the benefits will snowball, and soon you can live a better, less stressed, debt free life.

8. Save
It’s probably easier to save than to pay off debt. How do you save money? Do it the same way you spend most of your money. You’re good at doing that right? Decide how much you’re going to save monthly, and have this money transferred out of your cheque account into your savings account on pay day. After several months, this will become addictive. You will notice the balance building, and will be earning positive cumulative interest on the balance.

The benefit of saving is enormous. You will be comforted by the fact that any unforeseen expenses can be borne out of savings instead of being financed by additional debt.

9. Check your credits report
Your credit record is an integral part of your financial life. A good credit record can make all the difference when applying for that higher paying job, or in negotiating better interest terms on your bond. Ensure that you check your credit record every 3 – 6 months to ensure that nothing negative has been placed on it, and that no-one is committing identity fraud by spending under your identity. Your credit record from both TransUnion ITC and Experian is available on Credit Health in the form of the Credit Health Report™.

Now that you know how to handle your money like a pro – go for it! The cumulative benefits on your financial stability and credibility will be enormous.

For more info : www.debtbreaker.co.za

Friday, January 22, 2010

Debt review, a process defined in the National Credit Act became fully operational in June 2007.(NCA)


Debt review

Debt review, a process defined in the National Credit Act became fully
operational in June 2007.(NCA)

The process defined is for a period of sixty business days where the debt
counsellor will negotiate a repayment plan taking all the consumer's debt
obligations into consideration. The Debt Counsellor will do a means test to
establish if the consumer indebted. The debt counsellor will send a notice
to all affected credit providers informing them of the consumers' debt
review application. Agreements defined in the NCA as credit agreements would
be placed under review provided that no legal action commenced. Only natural
persons may apply for debt review, unfortunately Close Corporations and
Business' are not covered in the National Credit Act of 2005
The National Credit Regulator is in the process of amending the Credit Act
of 2005 in order to iron out many of the
challenges industry faces. Debt review is
not administration. The National credit regulator supports the debt
counsellors as all the major banks demand that the consumers must pay
more and more, the debt counsellor is the only person entitled to assist if
the consumer is over-indebted. The creditor cannot determine if a
consumers is over-indebted. The creditor for instance ABSA bank, only act
for himself, they cannot interfere with other creditors. According to the
National Credit Act of 2005 only the Debt Counsellor who is registered
with the National Credit Regulator can assist and mediate if a consumer is
over-indebted. The Application fee to apply for Debt review is R50.
Debt counsellors need the
credit profile as many consumers don't disclose all their accounts. The fee
structure approved by The Department of Trade and Industry is to not exploit
over indebted consumers

There is a difference between a debt counsellor and a debt collector. A
Debt Collector collects debt in terms of the Debt Collectors Act. The
Debt Counsellor mediates a reduced repayment over an extended term.

For more info :debtbreaker.co.za