| (1) |
If the consumer is in default under a credit agreement, the credit provider— |
| (a) |
may draw the default to the notice of the consumer in writing and propose that the consumer refer the credit agreement to the National Credit Regulator for debt intervention, to a debt counsellor, alternative dispute resolution agent, consumer court or ombud with jurisdiction, with the intent that the parties resolve any dispute under the agreement or develop and agree on a plan to bring the payments under the agreement up to date; and |
[Section 129(1)(a) substituted by section 20(a) of Notice No. 1081, GG 42649, dated 19 August 2019]
| (b) |
subject to section 130(2), may not commence any legal proceedings to enforce the agreement before— |
| (i) |
first providing notice to the consumer, as contemplated in paragraph (a), or in section 86(10), as the case may be; and |
| (ii) |
meeting any further requirements set out in section 130. |
| (2) |
Subsection (1) does not apply to a credit agreement that is subject to a debt restructuring order, or to proceedings in a court that could result in such an order. |
| (3) |
Subject to subsection (4), a consumer may at any time before the credit provider has cancelled the agreement, remedy a default in such credit agreement by paying to the credit provider all amounts that are overdue, together with the credit provider's prescribed default administration charges and reasonable costs of enforcing the agreement up to the time the default was remedied. |
[Subsection (3) substituted by section 32(a) of Act No. 19 of 2014]
| (4) |
A credit provider may not re-instate or revive a credit agreement after— |
[Words preceding subsection (4)(a) substituted by section 32(b) of Act No. 19 of 2014]
| (a) |
the sale of any property pursuant to— |
| (i) |
an attachment order; or |
| (b) |
the execution of any other court order or order of the Tribunal enforcing that agreement; |
[Section 129(4)(b) substituted by section 20(b) of Notice No. 1081, GG 42649, dated 19 August 2019]
| (c) |
the termination thereof in accordance with section 123; or" |
[Section 129(4)(c) substituted by section 20(b) of Notice No. 1081, GG 42649, dated 19 August 2019]
| (d) |
the Tribunal ordered that the debt that underlies a credit agreement is extinguished: Provided that where only a portion of the debt due under a credit agreement was extinguished, this subsection applies only in respect of the portion so extinguished. |
[Section 129(4)(d) inserted by section 20(c) of Notice No. 1081, GG 42649, dated 19 August 2019]
[Subsection (4) substituted by section 32(b) of Act No. 19 of 2014]
| (5) |
The notice contemplated in subsection (1)(a) must be delivered to the consumer— |
| (a) |
by registered mail; or |
| (b) |
to an adult person at the location designated by the consumer. |
[Subsection (5) inserted by section 32(c) of Act No. 19 of 2014]
| (6) |
The consumer must in writing indicate the preferred manner of delivery contemplated in subsection (5). |
[Subsection (6) inserted by section 32(c) of Act No. 19 of 2014]
| (7) |
Proof of delivery contemplated in subsection (5) is satisfied by— |
| (a) |
written confirmation by the postal service or its authorised agent, of delivery to the relevant post office or postal agency; or |
| (b) |
the signature or identifying mark of the recipient contemplated in subsection (5)(b). |
[Subsection (7) inserted by section 32(c) of Act No. 19 of 2014]
Gas Regulator Levies Act, 2002
