| (1) |
If during an assessment contemplated in section 86(6) there are reasonable grounds to suspect that a credit agreement included in that assessment is a reckless credit agreement, the debt counsellor must report that suspected reckless credit agreement to— |
| (a) |
the National Credit Regulator where the debt counsellor rejects the application as contemplated in section 86(7)(a) or makes a recommendation contemplated in section 86(7)(b); or |
| (b) |
the Magistrate’s Court where the debt counsellor makes a recommendation contemplated in section 86(7)(c). |
| (2) |
A credit provider must, within seven business days of receipt of a request and at a fee not exceeding the maximum prescribed fee, provide a debt counsellor with the following information requested in relation to the consumer concerned: |
| (a) |
Relevant application for credit; |
| (b) |
pre-agreement statement; |
| (d) |
credit agreement entered into with the consumer; |
| (e) |
documentation in support of steps taken in terms of section 81(2); |
| (f) |
record of payments made; and |
| (g) |
documentation in support of any steps taken after default by the consumer. |
| (3) |
The report to the National Credit Regulator contemplated in subsection (1)(a) is deemed to be a complaint in terms of section 136 and the National Credit Regulator must investigate that report in accordance with section 139. |
| (4) |
The Tribunal may impose an administrative fine contemplated in section 151 where a credit provider intentionally fails to comply with subsection (2). |
[Section 82A inserted by section 10 of Notice No. 1081, GG 42649, dated 19 August 2019]
Special Investigating Units and Special Tribunals Act, 1996
