Tacit acknowledgement of a debt: payments and queries interrupts prescription

By Candice Grieve and Maxine Rodrigues on September 21, 2020 Posted in General

The Supreme Court of Appeal (SCA) in Investec Bank Limited v Erf 436 Elandspoort (Pty) Ltd and Others gave useful examples of what constitutes a tacit acknowledgement of liability (which interrupts the running of prescription of a debt in terms of section 14 of the Prescription Act 1969). The case involved a debt related to … Continue reading

Arm’s length acknowledgement of debt is an NCA credit agreement

By Patrick Bracher (ZA) on February 16, 2020 Posted in General

An acknowledgement of debt relating to a loan from one friend to another for a capital amount of R831 000 and interest at 18% per year was held to be a credit agreement for the purposes of the National Credit Act. The agreement identified the capital, the interest at 18%, deferred payments, collection fees to be … Continue reading

Without prejudice letter with admission of liability interrupts prescription

By Patrick Bracher (ZA) on August 25, 2015 Posted in Banking

When a debtor received a demand to repay the balance of a R10 million loan it replied that it “would like to make a settlement proposal” but the company was “struggling to turn the business around”. It was held in Absa Bank Limited v Hammerle Group (Pty) Limited that this letter was not only an unequivocal … Continue reading