NOTE: SEQUESTRATION IS TEMPORARY – EMINENT REHABILITATION RESTORES A PERSON’S STATUS BEFORE SEQUESTRATED FULLY, IN ALL RESPECTS. It has become a major task for the normal household to keep head above water and meet their financial monthly commitments. In this day and age, more often than not through no fault or neglect on …
There are different periods of time within which an Application for Rehabilitation may be brought, depending on the facts which were before the Court when the Insolvency Order was made, namely:- after six months from the date of provisional sequestration, if no claim has been proved against the estate, if the sequestrated person has not …
We trust that it will never happen to you, but on the law of averages it cannot be excluded that at some stage or another you may be involved in a motor vehicle accident, in which event you need to know what to do and how to deal with the situation. You need to take …
When a credit provider institutes legal action against a consumer to recover payment from him / her in terms of a credit agreement regulated by the National Credit Act (“the NCA”) and the Regulations promulgated thereunder, it has certain obligations, compliance with which, as at the time of the entering into of the agreement, subsequent …
CREDIT PROVIDER’S OBLIGATIONS AND RECKLESS LENDING – YOUR RIGHTS Read More »
For the purpose of this article emphasis is placed on credit agreements which are not secured by mortgage bonds. The very first aspect of formulating a cause of action by a credit provider against a consumer and in proving its case, is for the credit provider to allege and ultimately prove the terms of and …
YOUR RIGHTS – ARE YOU A VICTIM OF AND IS YOUR LIFE CONTROLLED BY THE CREDIT INDUSTRY? Read More »
The Consumer Credit Protection Act (“the CPA”) and the National Credit Act (“the NCA”) provide for the crystallization of essentially various constitutional rights which you enjoy and have levelled the playing field between you and a Credit Provider, such as your Bank. No longer do Banks have the option to dominate and dictate to their …
KNOW AND EXERCISE YOUR RIGHTS IN YOUR DEALINGS WITH YOUR BANK Read More »
This article addresses the subject that what people understand to be an instruction for us to draft a “simple contract” (termed by them as “a one pager”), by what they understand must be short and brief and couched in uncomplicated language, they labour under the misconception that “simple” contracts:- 1. defeats the object of its …
We, as a firm, promote alternative dispute resolution in the form of Arbitration as the recommendable procedure to resolve disputes which otherwise would be subject to formal Court proceedings, for the following reasons: 1. With regard to defended or opposed litigation in a Court of Law, there are a myriad of formalities prescribed by the …
We offer a service aimed at relieving your credit burden permanently without affecting your credit status or creditworthiness. This service does not involve debt counselling (only temporary relief) or sequestration (insolvency). A large number of debts are unenforceable due to reckless lending – the court may set the credit agreements aside and you will then …
A Restraint of Trade seeks to prohibit any person having an interest in any business entity, in any capacity such as a partner in a partnership, shareholder of a company, employee and the like, from competing with the business entity in which he / she had been interested in. This article is limited to the …