The High Court Bloemfontein confirmed that a Credit Provider has to prove that a notice in terms of Section 86(10) which terminates the debt review process must be served on a consumer.
Tuesday, July 21, 2015
The Durban High Court confirmed in this case that the 10 days afforded to a consumer to reply to a notification in terms of Section 129 of the National Credit Act starts to run after the notice has been delivered to the post office of the consumer and the notification sent.
Unless the credit provider adheres to this time period the summons will be premature if issued within the 10 day period.
Please read more at: http://www.jordaanattorneys.co.za/Court-Cases/Standard-Bank-v-Mkhwanazi/