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Summary CML2010S Exam Notes: Credit Agency

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Summary of textbook with lecture notes incorperated into summary Textbook D Collier-Reed and K Lehmann (eds) Basic Principles of Business Law (2nd ed; 2010)

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1




Section 2: Credit Agreements

, 2



Introduction
National Credit Act 34 of 2005 (NCA)
What it does
• Regulates credit agreements

Purpose
To promote & advance welfare
 Social & economic
 Of South African people
To create a better credit market & industry
 By making it more
o Fair
o Transparent
o Competitive
o Sustainable
o Responsible
o Efficien
o Effective
o Accessible
To protect consumers from
 The imbalance of bargaining power
 Greed
 Ignorance
 Exploitative practices
 Etc.

What is a credit agreement?
Credit extended either by
 One party advancing money either
o To another party
o At the direction of another party
 Parties agree that payment
o Of money owed by one party to the other
o Will be deferred to future date
Cost to debtor for advancement of money/deferral of payment either
 In the form of
o Interest
o Charges
o Fees
o Combination of these
 In the form of
o A lesser amount being payable
o This is in case of early payment
o Called a discount transaction

, 3



Consumers & Credit Providers
Credit providers
Definition
 Party who
o Advances money/extends credit to another
o In terms of a credit agreement

Types of Credit providers
 The Party who
o Supplies goods or services under a
 Discount transaction
 Incidental credit agreement
 Installment agreement
o Advances money
 Under a pawn transaction
o Extends credit either
 Under a credit agreement
 Under a any other credit agreement
 The mortgagee
o Under a mortgage agreement
 The lender
o Under a secured loan
 The lessor
o Under a lease
 The party to whom
o An assurance or promise is made
o Under a credit agreement

, 4




Consumers
Definition
 Party to whom
o Credit is extended
 In terms of a credit agreement
o Money is advanced
 In terms of a credit agreement

Types of Credit providers
 The party to whom
o Goods or services are sold
 Under a
 Discount transaction
 Incidental credit agreement
 Installment agreement
o Money is lent
 Under a pawn transaction
o Credit is granted
 Under a credit facility
 The mortgager
o Under a mortgage agreement
 The borrower
o Under a secured loan
 The lessee
o Under a lease
 The grantor
o Under any other credit agreement

, 5



Scope of application of NCA
General application
Applies to credit agreements
 But only certain credit agreements
 Depends on
o Type of contract
o Size of contract
o Place of conclusion and effect
 Must take place in SA
o Parties to contract
o Purpose of contract
 Only sometimes

What is a credit agreement?
Credit extended either by
 One party advancing money either
o To another party
o At the direction of another party
 Parties agree that payment
o Of money owed by one party to the other
o Will be deferred to future date

Cost to debtor for advancement of money/deferral of payment either
 In the form of
o Interest
o Charges
o Fees
o Combination of these
 In the form of
o A lesser amount being payable
o This is in case of early payment
o Called a discount transaction

, 6




Types of Credit Agreements
General
NCA applies to
 Credit facilities
o Example = credit card
 Credit transactions
o Example = instalment sale agreement
 Credit guarantees
 Combination of the above
How it applies
 Applicable in different ways
 Applicable to varying degrees to each of the above

Credit facilities
Agreement in terms of which
 A credit provider (CP) undertakes to either
o Supply goods/services
o Pays amount
 To a Consumer
 Provides an assurance that
o The credit provider will pay
o If the consumer chooses to buy
Method of repayment
 Defers payment to future date
o All or part of money owed
 Bills consumer periodically for repayment
 Charges consumer interest and fees
o For deferred payment/amounts not paid
Examples
 Credit cards
 Bank loans
 Store accounts

, 7


Credit transactions
Pawn transactions
 Credit Povider (CP) gives money
 In exchange for goods
o Goods act as security

Discount transactions
 Goods/services provided over period of time
 Discounted price payable
o If debt repaid early

Incidental credit agreements
 Account rendered for goods/services
o Bill sent
o States when payment must be made
 If not paid by stated date either
o Interest/charges becomes payable
o 2 prices depending on date of payment
 Different amount due depending on when the bill is paid
 Example
 R100 in august
 R200 in september

Instalment agreements
 Deals with sale of moveable property
o Therfore not a house
 Delivery takes place
 Price then payable in instalments
o With interest/fees charged
 Ownership
o Remains vested in cp until paid in full
o Reverts to cp in case of default
 Example
o Buy a car on higher purchase agreement
o The dealership retains ownership until the amount is paid in full
o Failure to pay
 Ownership reverts to the cp
 You lose ownership to the party that is giving you the
money
Leases
 Movable goods lent to consumer
o rent payable either
 in instalments
 at later date
o interest and/or fees also payable
 Ownership
o passes to consumer on settlement of debt

, 8


 Overlaps with instalment sale agreements
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