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

Chapter 6 : Collection, Repayment, Surrender and Debt Enforcement

Part A : Collection and repayment practices

125. Consumer's or guarantor's right to settle agreement

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(1)A consumer or guarantor is entitled to settle the credit agreement at any time, with or without advance notice to the credit provider.

 

(2)The amount required to settle a credit agreement is the total of the following amounts:
(a)The unpaid balance of the principal debt at that time;
(b)the unpaid interest charges and all other fees and charges payable by the consumer to the credit provider up to the settlement date; and
(c)in the case of a large agreement
(i)at a fixed rate of interest, an early termination charge no more than a prescribed charge or, if no charge has been prescribed, a charge calculated in accordance with subparagraph (ii); or
(ii)other than at a fixed rate of interest, an early termination charge equal to no more than the interest that would have been payable under the agreement for a period equal to the difference between—
(aa)three months; and
(bb)the period of notice of settlement if any, given by the consumer.