The bank failed to give notice to the defaulting consumer under section 129 of the National Credit Act before issuing summons against the consumer. By the time it gave notice with the consent of the court, three years had passed since the debt became due. The consumer alleged that the debt had prescribed. The court
Section 129 notice
Track and trace usually sufficient for section 129 NCA notices – Sebola clarified
By Aslam Moosajee (ZA) on
Section 129 of the National Credit Act does not require a credit provider to prove that a notice by registered post actually came to the attention of the consumer. If a consumer has elected to receive notices by post, a credit provider must prove:
(a) the sending of the notice by registered mail;
(b) that…