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The National Credit Act (NCA) and Debt Review

Negociate Credit Solutions (Pty) Ltd is a registered Debt Counsellor and fully supports the NCA (National Credit Act). We have put in place control measures to comply with the requirements of the NCA.

 

The information that follows will assist in explaining how this legislation affects you.

 

Does the NCA apply to you?

The NCA applies to:

  • All credit agreements between parties dealing at arm’s length (where there is no personal interest between the parties), and

  • All natural persons or individuals (personal customers, sole proprietors, trusts with two or less trustees that are natural persons) and certain juristic persons (partnerships, close corporations, companies, trusts with three or more trustees or when one trustee is a juristic person).

 

The NCA does not apply to:

  •  Juristic persons with an asset value or annual turnover of more than R1 million, and

  • Juristic persons with an asset value or annual turnover of less than R1 million who enter into any size mortgage agreement or a credit transaction (for example a personal loan or vehicle finance) or credit guarantee (for example a suretyship) with a loan value of more than R250 000.

 

These are known as large credit agreements and exclude any credit facilities (for example credit cards and overdrafts).

 

How does the NCA affect you?

The NCA provides you with certain rights and protection.

 

What rights to you have?

  • The right to apply for credit

  • The right to be protected against discrimination in respect of the granting of credit.

  • The right to be given reasons for credit being refused.

  • The right to information in an official language.

  • The right to information in plain and understandable language.

  • The right to receive documents.

  • The right to protection of customer credit rights.

  • The right to confidential treatment.

  • The right to access and challenge credit records and information.

  • The right to pay any amount owed to us in advance without a notice or penalty. Note that early termination charges do apply when a large agreement is settled early. Three months’ notice must be given to a Credit Provider before a large agreement is settled; otherwise a termination charge of the amount of three months’ interest charges minus the period of the settlement notice given will be charged.

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How does the NCA protect you against over indebtedness?

The NCA requires that Credit Providers perform a full Credit Assessment before entering into a Credit Agreement with you. The Regulations contain Credit Assessment Criteria that Credit Providers must comply with. Credit Providers must check if you have the financial means to pay the proposed Credit Instalments and verify the information that you provide for the assessment.

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You must give Credit Providers accurate and truthful information and documents. To make sure that Credit Providers protect you against over indebtedness they, in addition to the normal Credit Assessment, must now perform an assessment of repayment ability for each loan application.

Credit Provides must also check that you understand the rights, obligations, risks and costs associated with your Credit Agreement.

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Credit Providers should give you a comprehensive quotation that shows all the costs involved. This includes a credit cost multiple, the total cost of credit over the term of the agreement, the risks associated with the loan, and your rights and obligations. 

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What should you do if you feel that you may be over indebted?

You may be over indebted if - after deducting reasonable living expenses from your total income - you are or will soon be unable to repay your debts. If you believe you are over indebted you should contact us and we will assess your situation to see if we can assist you

 

Negociate Credit Solutions and Debt Review​​​​​​

Debt Review is a statutory relief process provided for by the National Credit Act 34 of 2005 and the National Credit Amendment Act 19 of 2014.  The National Credit Act offers debt relief to over-indebted consumers through the debt review process.  Our Debt Review Department handles all Debt Review Applications on behalf of financially distressed consumers.  Debt Review provides relief in the form of negotiating repayment arrangement terms on credit agreements in respect of a consumer’s debt obligations.  These arrangements may include a change to the instalment, term and interest rate. 

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For more information on debt review, kindly refer to the National Credit Regulator’s website for more information http://www.ncr.org.za. or go to https://www.negociate.co.za/what-is-debt-counselling.

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