What to look out for when shopping for credit

What to look out for when shopping for credit

The noun “credit” is strictly defined in the National Credit Act 34 of 2005 as “a deferral of payment of money owed to a person, or a promise to defer such a payment” or “a promise to advance or pay money to or at the direction of another person”. A credit provider is required to display their registration certificate that confirms that the credit provider is registered with the National Credit Regulator (NCR) to extend credit and this registration certificate also displays the credit provider’s unique registration number. The aforesaid registration certificate is issued annually by the NCR.

When shopping for credit, consumers must note the following:
The NCRCP number (that is, the National Credit Regulator’s registration number that is allocated to a credit provider) and the credit provider’s registration certificate that must be displayed at/or the credit provider’s place of business.

Since the commencement of the National Credit Amendment Act 19 of 2014 on the 13 March 2015, any person who provided credit where the total principal debt owed to that credit provider under all outstanding agreements, other than incidental credit agreements, exceeded the prescribed threshold of R500 000.00, had to apply to be registered to be registered as a credit provider before extending credit to a consumer.

However, on 11 May 2016, the Minister of Trade and Industry, Dr Rob Davies, determined a new threshold of NIL (0) for the purpose of determining whether or not a credit provider is required to be registered with the National Credit Regulator (NCR) in terms of the National Credit Act (NCA). The implication of this new threshold is that as from the 11 May 2016, any person or entity that is involved in the provision of credit is now required to register irrespective of the principal debt that is owed to the credit provider. Whether or not a credit provider is duly registered can be verified with the National Credit Regulator either online, www.ncr.org.za, or telephonically on 0860 627 627.
1.The right to a Pre-agreement Disclosure Statement and Quotation
Before a credit agreement is concluded, the consumer must be given a pre-agreement disclosure statement and a quotation in a paper form or in a printable electronic form. The quotation is valid for 5 business days. During this time the consumer may consider whether or not he should enter into the proposed credit agreement. At any time before the expiry of the 5 day’ period, the consumer can hold the credit provider to the terms and conditions as disclosed in the pre-agreement statement and quotation.
2.Any unlawful provisions and clauses.
When you read the credit agreement, look out for the following clauses, which are unlawful:
– A clause or provision in the credit agreement that has the general purpose or effect of defeating the purposes or polices of the NCA (the purposes and policies of the NCA are set out in section 3 of the NCA);
– A provision that deceives or has the effect of deceiving the consumer;
– A provision that directly or indirectly purports to waive or deprive a consumer of a right set out in the NCA. The rights of consumers are largely set out in Part A of Chapter 4 of the NCA, namely sections 60 – 69. However, sections 60 – 66 are not the only provisions in the NCA that grants consumers certain rights as consumers’ rights are generally speaking spread throughout the NCA. It is unfortunately impracticable to list the entire spectrum of consumer rights as contained in the NCA save to mention a few of the most important ones, over and above those contained in sections 60 – 66 namely:
• the right to be issued with a clearance certificate (section 71);
• the right to rescind (cancel) a lease or an instalment agreement entered into at any location other than the registered business premises of the credit provider within five business days after the agreement was signed by the consumer (Regulation 37);
• the right to apply for debt review Section 86(1) read with regulation 24.;
• the right to terminate or settle a credit agreement without notice to the credit provider by paying the settlement amount Section 122(1) read with section 125.
• the right to prepay any amount owed to a credit provider under a credit agreement Section 126(1);
• the right to surrender the goods (held under an instalment agreement, secured loan or lease) to a credit provider so that the goods can be resold by the credit provider in order to settle the consumer’s account Section 127.;
• the right to participate in a hearing before the National Consumer Tribunal. Section 143 read with section 61.
3.The total “Cost of Credit”.
In terms of section 101 of the NCA, a credit agreement must not require payment by the consumer of any money or other consideration, except –
• the principal debt;
• an initiation fee (the permissible amount is prescribed in the NCA)*
• a service fee (the permissible amount is prescribed in the NCA);
• interest (the applicable maximum interest rates are also prescribed in the NCA)**;
• cost of any credit insurance (the consumer has the right to waive any credit insurance that the credit provider proposes and substitute a policy of the consumer’s own choice);
• default administration charges;
• collection costs.

*The maximum initiation fees that are allowed (Regulation 42)

Type of agreement Maximum initiation fee
Mortgage agreements R1 000 per credit agreement, plus 10% of the amount of the agreement in excess of R10 000. May never exceed R5 000.
Credit facilities R150 per credit agreement, plus 10% of the amount in excess of R1 000. May never exceed R1 000.
Unsecured credit transactions R150 per credit agreement, plus 10% of the amount of the agreement in excess of R1 000. May never exceed R1 000.
Developmental credit agreements for the development of a small business R250 per credit agreement, plus 10% of the amount of the agreement in excess of R1 000. May never exceed R2 500.
For low income housing (unsecured) R500 per credit agreement, plus 10% of the amount of the agreement in excess of R1 000. May never exceed R2 500.
Short-term credit transactions R150 per credit agreement, plus, 10% of the amount of the agreement in excess of R1 000. May never exceed R1 000.
Other credit agreements R150 per credit agreement, plus, 10% of the amount of the agreement in excess of R1 000. May never exceed R1 000.
Incidental credit agreements No initiation fee can be levied.

**The maximum prescribed interest rates are as follows (Regulation 42)

Type of agreement Maximum interest rate
Mortgage agreements RR + 12% per year
Credit facilities RR + 14% per year
Unsecured credit transactions RR + 21% per year
Developmental credit agreements RR + 27% per year
Short-term credit transactions 5% per month on the first loan and 3% per month on subsequent loans within a calendar year
Other credit agreements RR + 17% per year
Incidental credit agreements 2% per month
•Steps that the credit provider can take to assess a consumer’s credit application.
When a consumer applies for credit, the credit provider concerned is obliged to take reasonable steps to assess the following:
The consumer’s general understanding and appreciation of the risks, costs, rights and obligations of the proposed credit under the credit agreement;
the consumer’s debt repayment history, for example, the consumer’s credit profile as held by any of the credit bureaux such as TransUnion (previously ITC) or Experian. However, the credit provider may not require the consumer to obtain or request a credit report in connection with any credit application, as this the credit provider can obtain the said credit report upon receipt of the consumer’s consent to do so;
the consumer’s existing financial means, prospects and obligations; and
where the consumer has a commercial purpose for applying for that credit agreement, whether there is a reasonable basis to conclude that the commercial purpose will be successful.

Early settlement of debt and how to get there

Early settlement of debt and how to get there
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The National Credit Act regulates how accounts can be settled early. To begin with, a consumer would need a settlement amount from the credit provider and the NCA gives the consumer certain rights about this.
Section 113 of the National Credit Act: Statement of settlement amount.
(1) At the request of a consumer or guarantor, a credit provider must deliver without charge to the consumer a statement of the amount required to settle a credit agreement, as calculated in accordance with section 125, as of a date specified in the request.
(2) A statement requested in terms of subsection (1)
(a) must be delivered within five business days;
(b) may be delivered
(i) orally, in person or by telephone; or
(ii) in writing, either to the consumer in person or by SMS, mail, fax or email or other electronic form of communication, to the extent that the credit provider is equipped to offer such facilities, as directed by the consumer when making the request; and
(c) is binding for a period of five business days after delivery, subject to subsection (3).
(3) A statement delivered in respect of a credit facility is not binding to the extent of any credits to that account, or charges made to that account by or on behalf of the consumer, after the date on which the statement was prepared.
(4) On application by a credit provider, the Tribunal may make an order limiting the credit provider’s obligations to a consumer in terms of this section if the Tribunal is satisfied that the consumer’s requests are frivolous or vexatious.
If the consumer is happy with the statement of settlement amount, he or she can settle the credit agreement early and proceed in terms of Sections 122, 125 and 126 below. If the consumer is not satisfied that a statement is accurate, he or she can refer to section 115 at the end of this article.
Section 122 of the National Credit Act states:
(1) A consumer may terminate a credit agreement at any time by paying the settlement amount to the credit provider, in accordance with section 125.
(2) In addition to subsection (1), a consumer may terminate an instalment agreement, secured loan or lease of movable property, by:
(a)surrendering to the credit provider the goods that are the subject of that agreement in accordance with section 127; and
(b) paying to the credit provider any remaining amount demanded in accordance with section 127 (7).
Section 125. Consumer’s or guarantor’s right to settle agreement.
(1) A consumer or guarantor is entitled to settle the credit agreement at any time, with or without advance notice to the credit provider.
(2) The amount required to settle a credit agreement is the total of the following amounts
(a) The unpaid balance of the principal debt at that time; (b) the unpaid interest charges and all other fees and charges payable by the consumer to the credit provider up to the settlement date; and
(c) in the case of a large agreement
(i) at a fixed rate of interest, an early termination charge no more than a prescribed charge or, if no charge has been prescribed, a charge calculated in accordance with sub¬paragraph (ii); or
(ii) other than at a fixed rate of interest, an early termination charge equal to no more than the interest that would have been payable under the agreement for a period equal to the difference between (aa) three months; and (bb) the period of notice of settlement if any, given by the consumer.
If the consumer is unable to settle an account in full at once, he or she may also make advance payments to the credit agreement, thus reducing the balance faster than what would have ordinarily been the case.
126. Early payments and crediting of payments.
(1) At any time, without notice or penalty, a consumer may prepay any amount owed to a credit provider under a credit agreement.
(2) A credit provider must accept any payment under a credit agreement when it is tendered, even if that is before the date on which the payment is due.
(3) A credit provider must credit each payment made under a credit agreement to the consumer as of the date of receipt of the payment, as follows
(a) Firstly, to satisfy any due or unpaid interest charges;
(b) secondly, to satisfy any due or unpaid fees or charges; and
(c) thirdly, to reduce the amount of the principal debt.
For a consumer to take advantage of the above sections of the National Credit Act, he or she must first be in a financial position to do so. Below are some general tips on how to manage a budget in order to get to the point of being able to settle one’s debt early in line with the above provisions.

1. Make time for your money
Diarize one day a month to work on your finances. Even if it means you have to spend an entire day to look at your finances, it will be the difference between financial independence and a life of enslavement to debt.

2. Track your spending
Keep a notebook and write down every expense, including the tip for the car guard, or the beggar at the traffic light. This will be arduous and very difficult at first, but it will help you understand where you spend unnecessarily. And most importantly, you can then cut out these expenses, e.g. you spend 30 to 40 Rand a day on buying a sandwich at the office cafeteria. That’s the cost of four loaves of bread. A cheaper option would be to take lunch from home.

3. SAVE, SAVE, SAVE A PENNY SAVED IS A PENNY EARNED!!

Using your records of what you spend, write everything on one list. Highlight all expenses that you wish to eliminate. Add up those items that you think will be easiest to eliminate and prioritize that cash for savings. Open a separate savings account and have the money deposited into that account via direct debit. This will come in handy in case of an emergency. And if there is no emergency you just keep saving, which will come in handy in the long run.

4. Try to live cash

Once a week, do shopping list of household items needed for that week. Draw enough cash to pay for these items. Exercise the discipline that this cash is ALL you have for the week and do not withdraw any more at all. If an expense was not planned for on the weekly expenses list, then it must be deferred.

5. Change your habits
Alcohol, tobacco, sweets and eating out are expensive. Cut these out and you will see your bills drop dramatically and your health will also improve.

6. Involve the family
Make sure everyone in the family is involved in the exercise. If one member keeps spending without discipline it will defeat the purpose of your budget. Have a weekly family meeting to discuss, review and improve the spending habits of each family member. If you do this now with your children, they will grow up to be financially responsible and independent.

7. Eliminate debt:
1. List all debts with minimum monthly payments, interest rates and amounts owing
2. Order them either by amount owing or highest interest rate.
3. Note the minimum payments due on each debt and budget any extra cash to be added to the debt at the top of the list. It is usually easier to list the lowest debt first and aim to pay it off first.
4. Continue to pay all debts, while adding the extra cash on the first debt until the first debt is paid off.
5. Once the first debt is paid off, add all money you’ve been paying for that first debt (i.e. first debt minimum payment plus extra cash) to the second debt.
6. Continue this process until all your debt is paid off.
For example: Debt A = 100 per month, Debt B = 100 per month, Debt C = 100 per month. Thus, if you follow the model, Debt A may receive 120 per month, and be paid off in 10 months instead of 12. This means that debt B receives 220 per month as of month 11 and will be paid off in 6 months instead of 12. Then Debt C starts to receive more and its term is also reduced drastically. The key to success is Discipline.
And do NOT take on more debt.
8. Be flexible
Life happens! Going over budget is easy and sometimes cannot be avoided. Remember that you are on a journey and if you do your best to stick to the plan you will reach your destination no matter how many turns it takes. If you break the budget one month, you will stick to it the next.
What about Debt Consolidation?
Another option to reduce debt is debt consolidation. This means taking on one single loan that can pay off all existing debts. The borrower is then left with only one single payment to make per month to pay off the debt consolidation loan.
GOOD: The best thing about debt consolidation is that it is easier to avoid late fees, extra charges, and the bad credit that will inevitably result when you can’t afford to pay regular bills.
BAD: Interest rates on debt consolidation loans are usually very high. They also have longer repayment periods and as a result over time, one pays a lot more in total than one would have done without debt consolidation. Debt consolidation loans are also difficult to get, since highly indebted consumers are regarded as high risk and most will be forced to provide assets as security.