The subject of credit and over-indebtedness remains an important and deeply concerning topic in the current economic climate in South Africa. Over the years we have seen consumers incurring debt, not only to live exorbitant lifestyles above their means, but to actually for day to day financial survival. On the flip side of the coin – credit providers continue to benefit as the interest charged on credit is their main source of income. In order to balance the interests of both parties, credit agreements and preventing over –indebtedness is legislatively regulated in South Africa.
This entails that credit providers have to do the necessary credit checks and assessments before providing credit to the consumer. This is in order to ensure that the credit is not a reckless credit agreement in terms of the National Credit Act, 34 of 2005 as amended from time to time (hereafter the “Act”). Notwithstanding the above, sometimes, even after obtaining credit by way of a credit agreement with the credit provider (following an assessment), the consumer’s personal or financial circumstances change and the consumer starts to struggle to meet the instalment deadlines, becomes over-whelmed by the debt and eventually may become over-indebted.
Few consumers are completely aware of how to avoid, handle, or recover from these circumstances. As a result many of them fall victim to unscrupulous counsellors and advisors. So, what should they do?
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