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National Credit Act, 2005 (Act No. 34 of 2005)

Chapter 4 : Consumer Credit Policy

Part D : Over-indebtedness and reckless credit

84. Effect of suspension of credit agreement

 

(1) During the period that the force and effect of a credit agreement is suspended in terms of this Act—
(a) the consumer is not required to make any payment required under the agreement;
(b) no interest, fee or other charge under the agreement may be charged to the consumer; and
(c) the credit provider’s rights under the agreement, or under any law in respect of that agreement, are unenforceable, despite any law to the contrary.

 

(2) After a suspension of the force and effect of a credit agreement ends—
(a) all the respective rights and obligations of the credit provider and the consumer under that agreement—
(i) are revived; and
(ii) are fully enforceable except to the extent that a court may order otherwise; and
(b) for greater certainty, no amount may be charged to the consumer by the credit provider with respect to any interest, fee or other charge that were unable to be charged during the suspension in terms of subsection (1)(b).