Leases and procurement costs are not subject to the provisions of the National Credit Act and individuals are not entitled to any protection under the National Credit Act as a result of a judgment of the South Gauteng High Court. The consumer must respond fully and truthfully to all requests for information from the lender as part of the credit quality assessment. So my final question is this: Is the above scenario simply the result of an escalation in the sense of a standard lease that is not within the jurisdiction of the NCA or do we have a wolf disguised as a sheep? But the question is what are called “leases” in disguise. Professor JM Otto discussed the case of absa Technology Finance Solutions Ltd v. Pabis Guest House CC e.a. 2011 (6) SA 606 (FB) in NJ Grové – JM Otto Basic Principles of Consumer Credit Law 2ed (Cap: Juta 2002) at 3 p.m. “Variable tenancy contracts,” unlike “housing leases,” were reviewed by Professor Otto, and I quote the article from him (as the court did in the case of the Pabi): “This gain is often nothing but disguised interest. The contract often provides for variable rent for the duration of the contract, the rent of which is determined by a certain reference rate, such as the primary rate of a given bank, for example.B. It is in itself a dead gift” (at paragraph 15). If the debt board has not been successful, the lender has no choice but to initiate enforcement proceedings within the meaning of the NCA. Reckless Credit means credit granted to a consumer as part of a credit contract if the credit provider: please contact us at 27 11 788-0083 if you have any other requests or E-Mailfirstname.lastname@example.org. The Consumer Protection Act (CPA) does NOT apply to all leases (or leases). It is really important to know this, because the Consumer Protection Act has a great influence on the lease and significantly changes the legal situation between the landlord and the tenant.
If you are a landlord, you do not want to grant a tenant all rights under the Consumer Protection Act if you do not have to do so legally. The owners are in a difficult position as it is. Currently, the law is very favourable to tenants and not to landlords. Anyone who has recently tried to get a tenant through our courts will know. Tenants already have a lot of protection. “Indeed, [the High Court] decided that the specific lease was not a lease. It may look like a fragment of Alice in Wonderland. If this is the case, it is because the [National Credit] Act itself may have been written by Lewis Carroll, so strange are some of its provisions” (from the Supreme Court of Appeal decision below) A prior statement of agreement is a document describing the terms of the credit contract that the credit provider wants to enter into with the consumer. “A lease agreement is expressly excluded in the law and does not fall within the definition of a credit contract,” he said in his ruling.