
Dead on arrival: Court strikes claim issued after borrower’s death
The High Court strikes FirstRand’s repossession action after finding the defendant died months before summons was issued.

The High Court strikes FirstRand’s repossession action after finding the defendant died months before summons was issued.

If a financed car is defective, your recourse is against the dealer – not the bank financing the purchase.

After the High Court remitted the matter, a new Tribunal panel deemed the challenge ‘frivolous and vexatious’.

Sureties cannot rely on the National Credit Act if the principal debt falls outside its scope.

The High Court refuses Ford Credit’s request to repossess a vehicle, saying it did not fairly consider the debtor’s proposed repayment arrangement.

Selling credit life insurance with retrenchment and disability cover to pensioners and disabled persons – who cannot meet the claim requirements – breaches the National Credit Act.

Credit providers must quantify their reasonable enforcement costs promptly to allow for an agreement to be reinstated.

The Supreme Court of Appeal’s recent decision underscores the critical importance of understanding ‘transactions at arm’s length’ under the National Credit Act.