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

Chapter 5 : Consumer Credit Agreements

Part B : Disclosure, form and effect of credit agreements

97. Consumer must disclose location of goods

 

(1) This section applies to a credit agreement if—
(a) it concerns any goods, and the consumer at any time during the agreement has or had possession of those goods; and
(b) in terms of that agreement—
(i) the title to those goods has not passed to the consumer; or
(ii) the credit provider has a right to take possession of the goods irrespective of whether they are owned by the consumer or another person.

 

(2) Until the termination of an agreement to which this section applies, the consumer must inform the credit provider, in the prescribed time, manner and form, of any change concerning—
(a) the consumer’s residential or business address;
(b) the address of the premises in which any goods that are subject to the agreement are ordinarily kept; and
(c) the name and address of any other person to whom possession of the goods has been transferred.

 

(3) On request by the credit provider, a deputy sheriff or messenger of the court, the consumer must inform that person, in the prescribed manner and form, of the address of the premises where the goods are ordinarily kept and the name and address of the landlord, if any, of those premises.

 

(4) If at the time of a request under subsection (3) the consumer is no longer in possession of the goods that are subject to the agreement, the consumer must provide the name and address of the person to whom possession of those goods has been transferred.

 

(5) A consumer who knowingly—
(a) provides false or misleading information to a credit provider, deputy sheriff or messenger of the court under this section; or
(b) acts in a manner contrary to this section with intent to frustrate or impede a credit provider exercising rights under this Act or a credit agreement,

is guilty of an offence.