National Credit Act, 2005 (Act No. 34 of 2005)

Chapter 5 : Consumer Credit Agreements

Part F : Rescission and termination of credit agreements

123. Termination of agreement by credit provider

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(1)A credit provider may terminate a credit agreement before the time provided in that agreement only in accordance with this section.

 

(2)If a consumer is in default under a credit agreement, the credit provider may take the steps set out in Part C of Chapter 6 to enforce and terminate that agreement.

 

(3)A credit provider in respect of a credit facility may—
(a)suspend that credit facility at any time the consumer is in default under the agreement; or
(b)close that credit facility by giving written notice to the consumer at least ten business days before the credit facility will be closed.

 

(4)A credit agreement referred to in subsection (3) remains in effect to the extent necessary until the consumer has paid all amounts lawfully charged to that account.

 

(5)A credit provider may not close or terminate a credit facility solely on the grounds that—
(a)the credit provider has declined a consumer's request to increase the credit limit;
(b)the consumer has declined the credit provider's offer to increase the credit limit;
(c)the consumer has requested a reduction in the credit limit, unless that reduction would reduce the credit limit to a level at which the credit provider does not customarily offer or establish credit facilities; or
(d)the card, personal identification code or number or other identification device used to access that facility has expired.

 

(6)The unilateral termination of a credit agreement by a credit provider as contemplated in this section does not suspend or terminate any residual obligations of the credit provider to the consumer under that agreement or this Act.