General Introduction and Historical Background
Introduction
History of consumer credit in South Africa
Synopsis of the National Credit Act and Basic Concepts
Synopsis of the National Credit Act
Definitions and basic concepts
Scope of the Application of the National Credit Act
Introduction
Definitions of credit agreements
Schematic illustration
Exemptions
Limited application of the Act
Small, intermediate and large agreements
Consumer Credit Institutions and Regulatory Matters
Introduction
National Credit Regulator
National Consumer Tribunal
Debt counselors
Consumer courts
Credit bureaux
Ombuds
Alternative dispute resolution agents and payment distribution agents
Resignation of role-players
Compliance procedures
Conclusion and Variation of Credit Agreements
Introduction
Pre-agreement disclosures
Form and content of credit agreements
Unlawful agreements and provisions
Alterations to credit agreements
Rights and Duties of Consumers
Introduction
Rights of consumers
Duties of consumers
Rights and Duties of Credit Providers
Introduction
Rights of credit providers
Duties of credit providers
Financial Matters
Introduction
Items recoverable by credit providers
Regulation and calculation of interest
Changes to interest rates, fees and charges
Maximum amounts and rates recoverable
Credit insurance
Dispute Settlement and Debt Enforcement
Introduction
Alternative dispute resolution
Role of the National Credit Regulator
Debt enforcement
Offences and the Jurisdiction of Courts
Introduction
Specific offences
General offences
Jurisdiction and penalties
Effect of the National Credit Act on Existing Legislation and Agreements
Introduction
Conflicting legislation
Amendment of laws
Application of the National Credit Act to existing agreements
Existing rights, duties and notices
Miscellaneous Matters
Training
Civil claims based on prohibited conduct
Examination of credit providers regarding excessive claims
Time limits of complaints
The impact of the National Credit Act on insolvency proceedings
Prohibition against interference with contractual relations by third parties
The relationship between the National Credit Act and the Consumer Protection Act
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