Credit Agreement Must Be In Writing

In this document, credit is referred to as a “double-edged sword” because the power is unfair because of the poor level of consumer education and knowledge of consumer rights due to the “significant power imbalance between consumers and credit providers” and the inability to enforce these rights through negotiations or legal actions. This result is so unfair that borrowers are discriminated against against very small loans (almost without exception from the poorest communities). The law itself stipulates that service charges must vary from the main debt, i.e. they should be higher for large loans and lower for smaller loans. That is not the case. Regulations should be amended to set service charges at a percentage of the loan amount, subject to a minimum and cap (as is the case with the introductory tax). Service charges should be waived for small credit contracts and, if applicable, the maximum interest rate should be increased. If the service fee is not amended or abolished, it should be challenged in court. Every adult has the right to apply for a loan, but no one has the right to get credit. A lender may choose to refuse credit on reasonable business grounds, but should not unfairly discriminate against a consumer against other consumers on the basis of race, religion, pregnancy, marital status, ethnic or social origin, sex, sexual orientation, age, disability, culture, language Etc. A consumer may demand reasons for denial of credit that must be communicated in writing by the credit provider. If the proceeds of the sale are not sufficient to settle the account, the creditor can go to court to recover the remaining balance owed.

This applies to staggered contracts, secured credit or leasing. Surprisingly, there is no mortgage agreement on this list. This implies that the mortgage (a bank, usually) can only rely on the proceeds of the sale of the property to pay the account – even if that is not enough, and even if the Mortgagor (the debtor) is very rich and has other assets that could be added. Credit contracts can only be amended in specific circumstances, such as reducing or increasing credit limits. The form of the document that records the credit contract is prescribed by law and varies for credit contracts of different sizes. The details required for a small credit contract (main debt less than R15,000) are noted in Form 20.2 of the settlement. It is not really a form, but a framework for the minimal content of the agreement. Among these details is the legislation, which contains detailed provisions on the role of the NCR.

[10] Complaints must be filed with the NCR by filling out Form NCR 29 and submitting Form NCR 29 to the regulations. The NCR can settle claims referred to it; the decision may become a decision to approve a court or tribunal. The NCR may also refer the dispute to a debt advisor, a competent mediator or a consumer court. After reviewing the case, the NCR may refer the matter to a provincial consumer court or court for an order authorized by law. Debtor advisors must ask the NCR to be registered as such. The law contains a long list of grounds for disqualification as debt advisors. In addition, the regulations stipulate that debt advisors should not be considered basic universal services, which should expand access to water, health care and electricity, as well as access to water, health care and electricity. There is a greater need to reconcile access to credit with the protection of consumers, especially vulnerable people.

Consumers have the right to pay their debts at any time, with or without notice, after requesting a statement from the credit provider on the amount required to settle the account.

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