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[2 Mar 2016 | No Comment | ]
Big Week for Legal Debt Collections – Stellenbosch case and Mag Court Amendment

The University of Stellenbosch Legal Aid Clinic & Others v Minister of Justice & Others case will be heard in the Constitutional Court tomorrow, the 3 March 2016.
Moreover the Dept of Justice & Constitutional Development Deputy Min. Jeffery has indicated that the Magistrates Court Amendment Bill dealing with numerous aspects of the debt collection process will be tabled before the National Assembly this week.This is probably more important in the long term than the case, which will get more publicity.
We will look at both in detail in due course.

Debt Collections, Featured, Legal News »

[15 Feb 2016 | No Comment | ]
Submission on Debt Collectors Amendment Bill

 

In October of last year the Department of Justice and Constitutional Development published a draft Debt Collectors Amendment Bill. The main amendment to the Debt Collectors Act was the proposed inclusion of attorneys into the ambit of the Act.
As I had not seen any research or motivation in this regard I wrote to the Deputy Minister of Justice and Constitutional Development, Mr J Jeffery to ask what the motivation was and he was kind enough to take the time out of his busy schedule to reply (a copy of the letter …

Credit Law, Credit Management, Debt Collections, Featured, National Credit Act »

[21 May 2014 | No Comment | ]
National Credit Amendment Act of 2014 Signed into Law

 
The National Credit Amendment Act of 2014 was signed into law by the President on the 20th May 2014.
The Amended Act deals with a number of issues in terms of the National Credit Act, the most significant of which include:
• The creation of industry codes of conduct
• Removal of the minimum thresholds for registration as a credit provider in terms of the NCA
• The removal of the NCR’s board and requires the regulator to account directly to the minister of trade and industry
• The formalisation of the payment distribution agents …

Credit News, Debt Collections, Featured »

[14 May 2014 | No Comment | ]
Monetary Jurisdiction of Courts to Change

The jurisdiction of which court hears any particular matter is largely (but not soley) determined by the monetary value of the claim.
With effect from 1 June 2014, the monetary jurisdiction in Magistrates Courts is changing:
District Magistrates Court – up to R 200 000
Regional Magistrates Court – up to R400 000
The High Court will therefore will hear matters where the monetary value exceeds R 400 000.00.
 

Credit Law, Debt Collections, Featured »

[8 May 2014 | No Comment | ]
Brett Bentley is Awarded Legal Prize

Brett Bentley, the founder and senior attorney at Bentley Attorney is the 2013 LexisNexis Prize winner for the best article written by an attorney for his article on emoluments attachment orders, “Separating the Baby and the bathwater – Garnishee Orders“, published in the March issue of De Rebus.
Speaking to Nomfundo Manyathi-Jele, News Editor of De Rebus , Brett was asked how he felt about winning the prize? “It was a big surprise, but a great honour to be awarded this prize in a magazine which is the official journal of …

Debt Collections, Featured, National Credit Act »

[13 Dec 2013 | No Comment | ]
Government moves to protect consumers and assist over-indebted households

This statement elaborates on a Cabinet decision taken last week, authorising Ministers of Finance and Trade and Industry to take measures to assist over-indebted households and also prevent them from becoming over-indebted in future
While Government recognises that access to credit is critical for household consumption expenditure and economic growth, Government is concerned about the very high levels of household debt and over-indebtedness. Thus, in addition to broader financial sector regulatory reforms, an immediate set of comprehensive steps is necessary to deal with the problem of present and future household over-indebtedness.

Credit Law, Debt Collections, Featured, National Credit Act »

[21 Feb 2013 | No Comment | ]
Seperating the Baby and the bathwater – Garnishee Orders

The original version of Brett Bentley cover article appearing in the March 2013 De Rebus, the official SA Attorneys journal.
 
Background
The term “garnishee order” is commonly but mistakenly applied to an emoluments attachment order (“EAO”).
An EAO is granted in terms of Section 65J of the Magistrates’ Courts Act (“MCA”), ordering an employer (referred to as a garnishee, hence the confusion) to make deductions from a debtor’s salary or wages and pay this across to the creditor or it’s attorneys. A Garnishee order is in terms of Section 72 of the MCA, and …

Credit Law, Credit Management, Credit Seminars, Debt Collections »

[8 Aug 2012 | No Comment | ]
Commercial Credit Management Seminar – Midrand 22nd February 2013

With the continuing effects of the economic downturn being felt by businesses, the importance of good credit management has been magnified and all companies credit management policies need to be reviewed and upgraded in order to avoid your company becoming a statistic of the poor economy. In addition credit management is also being impacted by the new legislation such as the National Credit Act, the Consumer Protection Act and the new Companies Act.
This is a half day seminar in Midrand on the 22nd of February 2013 aimed at commercial creditors (businesses who …

Credit News, Debt Collections, Featured »

[30 Jul 2012 | No Comment | ]
New Bentley Credit Control Gauteng Office

 
Bentley Credit Control this month launched a new office in Centurion, Gauteng to better service its existing and prospective clients in South Africa’s commercial heartland, Gauteng.
2012 is the year in which Bentley Credit Control continues its growth and development, with the new office in Centurion being one of many new and exciting developments for the company.
Brett Bentley, CEO of Bentley Credit Control, said:
“The growth of existing business in Gauteng, coupled with our goals for improved operational performance and new opportunities in the region, has resulted in our new premises in …

Debt Collections, Featured, National Credit Act »

[7 Jun 2012 | No Comment | ]
Constitutional Court Judgment on Sending S129 Notices ito NCA

Just when creditors had thought that the issue of how to send S 129(1)(a) notices to debtors in terms of the National Credit Act had been resolved (Clarity on Sending of NCA S129 Notices), the Constitutional Court has now added to the obligations in sending these notices, in the judgment handed down today in the case of Sebola and Another v Standard Bank of South Africa and Another CCT98/11.
S 129(a)(a) Notices are meant (what purpose they actually serve is material for another article) to in the words of Wallis J (as he …