Legal Matters

Because of a lack of space on the data base of the credit bureaus, Judgments and adverse reports are deleted automatically after the lapse of 5 years or until a 5-year period has elapsed during which no further references to any defaults have been added to the record. Detail concerning Insolvencies and rehabilitations are retained for a minimum of 10 years. According to the CONSUMER CODE FOR CREDIT BUREAUS Credit bureaus are businesses, which procure, record, maintain and make available to contracted subscribers and/or the consumer concerned, information concerning the manner in which consumers conduct their credit and business dealings.

The bureaus will record adverse listings in their records of individuals who have been handed over for collection, in instances where debts have been written off as bad, if a creditor has agreed to accept a compromised amount in settlement of its claim, where a creditor is reflected as a poor payer or for other good cause.

To have the adverse listing removed at the very least you will have to pay the amount owing in full (or an agreed compromised amount) and then prevail upon the creditor to write a letter to the bureau concerned to delete the blacklisting. Creditors are not obliged to assist you, so do not offer to pay the balance or any other amount outstanding unless you have an undertaking in writing from the creditor that it agrees to remove the adverse report against payment.

To be on the safe side, rather use an attorney to assist you. Although he cannot guarantee results, you do have the protection of the Law Society to back up his promises.

There are many so-called credit repair organizations that will promise you the world, take your money and then fail to produce the goods. REMEMBER: THESE ARE NOT LEGALLY TRAINED INDIVIDUALS.

If you feel that you have been unfairly blacklisted you can complain to the Business Practices Committee by writing to:
The Secretary, Business Practices Committee, Private Bag X84, Pretoria 0001
Or else write to the Credit Bureau Association for the attention of:
The Executive Director, Credit Bureau Association, PO Box 41887, Craighall Park 2024

Despite having a world-class progressive constitution, access to the law for the average citizen of South Africa is still almost non-existent. With the majority of South Africans having little understanding of the law, insufficient access to information and no access to personal attorney’s, the law often works against, rather than for them. To meet this challenge, LexisNexis has launched Law24.com; a comprehensive website and one-stop-shop providing extensive yet simple legal information, DIY legal services, expert opinions and free legal advice.

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