NCA Chapter 4
National Credit Act, 2005 (Act No. 34 of 2005)
Chapter 4 : Consumer Credit Policy
Chapter 4 of the National Credit Act, consumer credit policy, includes consumer rights, confidentiality, personal information, consumer credit records, credit marketing practices, over indebtedness and reckless credit.
Part A : Consumer Rights
60. Right to apply for credit
61. Protection against discrimination in respect of credit
62. Right to reasons for credit being refused
63. Right to information in official language
64. Right to information in plain and understandable language
65. Right to receive documents
66. Protection of consumer credit rights
Part B : Confidentiality, personal information and consumer credit records
67. Conflicting legislation
68. Right to confidential treatment
69. National register of credit agreements
70. Credit bureau information
71. Removal of record of debt adjustment or judgment
72. Right to access and challenge credit records and information
73. Verification, review and removal of consumer credit information
Part C : Credit marketing practices
74. Negative option marketing and opting out requirements
75. Marketing and sales of credit at home or work
76. Advertising practices
77. Required marketing information
Part D : Over-indebtedness and reckless credit
78. Application and interpretation of this Part
79. Over-indebtedness
80. Reckless credit
81. Prevention of reckless credit
82. Assessment mechanisms and procedures
83. Court may suspend reckless credit agreement
84. Effect of suspension of credit agreement
85. Court may declare and relieve over-indebtedness
86. Application for debt review
87. Magistrate’s Court may re-arrange consumer’s obligations
88. Effect of debt review or re-arrangement order or agreement