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There is a greater need to balance access to
credit with protection for consumers, especially the vulnerable.A credit provider is the party who supplies goods or services (in terms of an instalment sale agreement, for example), or who pays money (in terms, for example, of a secured or unsecured money loan, overdraft facility, pawn transaction or mortgage loan).
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Credit agreements in South Africa are agreements or contracts in South Africa in terms of which payment or repayment by one party (the debtor) to another (the creditor) is deferred.
This entry discusses the core elements of
credit agreements as defined in the National Credit Act, and the consequences of concluding a credit agreement in South Africa.
It is essential that the meanings of important terms used in the practice of consumer law are clearly understood.
Most of the definitions below are obtained from the National
Credit Act 34 of 2005 (“the Act”). “ Credit” means a deferral or delay of payment of a sum of money to another person, or a promise to pay money.
The critical role of
credit in the economy is explained in the August 2004 policy framework of the Department of Trade and Industry: Credit enables people to have use of a product or service, at a cost represented by an interest rate, prior to their having paid for that product or service or, where an item cannot be afforded from a single month’s salary, to spread payments over a number of months.
This document goes on to describe
credit as a “double-edged sword,” because of the “considerable imbalance of power between consumers and credit providers,” due to poor consumer education levels and knowledge of consumer rights, and inability to enforce such rights through negotiation or legal action: Credit cannot therefore be seen as a universal basic service to which access should be extended in the same way as access to water, health care and electricity.
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