Comments on: NCR Declaratory Judgment http://www.creditmanagement.co.za/ncr-declaratory-judgment/ Wed, 20 Apr 2011 13:31:34 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: NCR Declarator Appeal Decision Given by Highest Court | Bentley Credit Management http://www.creditmanagement.co.za/ncr-declaratory-judgment/#comment-42087 NCR Declarator Appeal Decision Given by Highest Court | Bentley Credit Management Wed, 30 Mar 2011 13:36:29 +0000 http://www.creditmanagement.co.za/?p=353#comment-42087 [...] much anticipated Supreme Court of Appeal  (SCA)judgment on the appeal from the so-called NCR Declaratory judgment has been delivered, in a judgment referred to as Nedbank v The National Credit Regulator (662/2009 [...] [...] much anticipated Supreme Court of Appeal  (SCA)judgment on the appeal from the so-called NCR Declaratory judgment has been delivered, in a judgment referred to as Nedbank v The National Credit Regulator (662/2009 [...]

]]> By: in duplum http://www.creditmanagement.co.za/ncr-declaratory-judgment/#comment-38132 in duplum Wed, 27 Oct 2010 10:08:05 +0000 http://www.creditmanagement.co.za/?p=353#comment-38132 If a credit provider has agreed to lower repayments in terms of a debt counselling arrangment, it seems unclear whether interest and costs which accrue on the relevant agreement would be interest and costs while "in default". If a credit provider agrees to a lower payment, that effectively amends the payment expectancy under the credit agreement and would result in the credit provider not proceeding against the debtor, and thus "remedying" the default, and accordingly it thus appears that the in duplum rule would not apply to debt counselling matters where the creditor has agreed to lower repayments, as the credit provider has agreed to a lower repayment. Is there any industry view / case law on this point? If a credit provider has agreed to lower repayments in terms of a debt counselling arrangment, it seems unclear whether interest and costs which accrue on the relevant agreement would be interest and costs while “in default”. If a credit provider agrees to a lower payment, that effectively amends the payment expectancy under the credit agreement and would result in the credit provider not proceeding against the debtor, and thus “remedying” the default, and accordingly it thus appears that the in duplum rule would not apply to debt counselling matters where the creditor has agreed to lower repayments, as the credit provider has agreed to a lower repayment.

Is there any industry view / case law on this point?

]]> By: Debt Counselling Task Team - Interim Report | Bentley Credit Management http://www.creditmanagement.co.za/ncr-declaratory-judgment/#comment-33794 Debt Counselling Task Team - Interim Report | Bentley Credit Management Thu, 29 Apr 2010 10:43:41 +0000 http://www.creditmanagement.co.za/?p=353#comment-33794 [...] Credit Act, in particular in relation to its debt counselling provisions, by firstly bringing the High Court application for declaratory order. Subsequent to the order being made the National Credit Regulator has been proactive in December [...] [...] Credit Act, in particular in relation to its debt counselling provisions, by firstly bringing the High Court application for declaratory order. Subsequent to the order being made the National Credit Regulator has been proactive in December [...]

]]> By: In Duplum and the NCR Judgment | Bentley Credit Management http://www.creditmanagement.co.za/ncr-declaratory-judgment/#comment-31050 In Duplum and the NCR Judgment | Bentley Credit Management Mon, 21 Sep 2009 12:31:47 +0000 http://www.creditmanagement.co.za/?p=353#comment-31050 [...] we had commented on the in duplum rule and its connection to the NCA and also reported on the judgment of Judge du Plessis on the declaratory order brought by the National Credit Regulator which dealt with procedural and other legal issues relating to the debt rearrangement process, but [...] [...] we had commented on the in duplum rule and its connection to the NCA and also reported on the judgment of Judge du Plessis on the declaratory order brought by the National Credit Regulator which dealt with procedural and other legal issues relating to the debt rearrangement process, but [...]

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