Sunday, February 1, 2015

Nedbank v Thompson - South Gauteng High Court

In this case the High Court dealt with the fact where a Consumer has made his monthly payments to the PDA but the PDA did not pay the creditors correctly. The bank argued that the PDA is an agent of the consumer and the consumer is therefore liable for any act or ommission of the PDA.
The High Court disagreed and found that there is no agreement between the PDA and the Consumer. The High Court therefore found that the Consumer is not liable for the PDA's mistakes and therefore the consumer was not in willful default of the debt review court order.


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