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

Table 2

Part 1A : Applications directly to the Tribunal

Row No.

Column a

Column b

Column c

Column d

Column 3

Column f

Column g

Column h

Application type

Description

Limitation on time for submission

Forms to be used

Other documenta-tion to be included in application

Application fee

Parties to be notified

Documents to be served

1.

Section 55(6)(b)

Application by the Regulator on failure to comply with compliance notice issued in terms of s.55(1)

The application must be served before receipt of an application in terms of s.56 to set aside the notice

Forms TI.55(6)

(1) Copy of the notice issued in terms of s. 55(1) (form NCR13)

(2) Copies of documents or records in evidence of the failure or non-compliance

(3) Form TI.r30A

n/a

(1) The person to whom the compliance notice was issued.

On both parties mentioned in column g, Form TI.55(6) and the documents described in column e

(2) If the person to whom the compliance notice was issued is a regulated financial institution, the financial regulator

2.

Section 56(1)

Application to modify or set aside a notice issued by the Regulator in terms of s.54(1) or s.55(1)

The application must be filed within 15 business days of receiving the notice, or later if the Tribunal permits

Form NCR 14

(1) A copy of the notice issued by the Regulator (Form NCR 12 or 13)

(2) An affidavit setting out the grounds for the objection and the order sought from the tribunal

(3) Form TI.r30A

(4) Proof of payment utilising Form TI.r.35

Five hundred rand (R500.00)

The Regulator

On the Regulator, a copy of From NCR 14; and documents described in (2) and (3) of column e.

3.

Section 57(1)

Application by the Regulator to cancel the registration of a registrant

n/a

Form TI.57(1)

(1) Documents in support of the allegation of failure or contraven-tion

(2) A copy of the registration certificate and any conditions attached at the time of registration, and any subsequent conditions or revisions of conditions

(3) if the application relates to a regulated financial institution, a copy of the consent given by the financial regulator in terms of s.57(2)(c)

(4) Form TI.r30A

n/a

(1) The registrant

(2) If the registrant is a regulated financial institution, the financial regulator

(3) if the application relates to a regulated financial institution, a copy of the consent given by the financial regulator in terms of s,57(2)(c)

(4) Form TI.r30A

(3) On the registrant, a copy of Form TI.57(1) and the all of the document under column e

(4) On a financial regulator that has given its consent for the purposes of s.57(2)(c), copies of Form TI.57(1) and item (4) of column e only.

4.

Section 59(1)

Application to review a decision of the Regulator under Chapter 3 of the Act

The application must be filed within 20 business days of the Regulator's decision, or later if the Tribunal permits

Form TI.59(1)

If the decision was in response to an application to the regulator, then a copy of the relevant From NCR by which the application was made, together with all documents submitted in support of the application

a copy of the written record of the decision of the Regulator which is to be reviewed

Proof of payment utilising Form TI.r35

Form TI.r30A

Five hundred rand (R500.00)

(1) The Regulator

(2) If the applicant for review is someone other than the registrant in respect of the Regulator's decision, then also the registrant or aspirant registrant

On all parties mentioned in column g, copies of Form TI.59(1) and (4) of column e

5.

Section 62(3)

Application to limit a credit providers obligation to provide reasons for refusal of credit

n/a

Form TI.142(3)(f)

(1) If available, records or documents to show that requests are frivolous vexatious or wholly un-reasonable

One hundred rand (R100.00)

The consumer

On the conumer, a copy of Form IT142(3)(f) and item (3) of column e

(2) Proof of payment utilising Form TI.r35

(3) Form TI.r30A

6.

Section 63(5)

Application to review the review the rejection of a language proposal

The application must be filed within 20 business days of receipt of the Regulator's notification of rejection of the proposal, or later if the Tribunal permits

Form TI.63(5)

A copy of the proposal that was rejected

A copy of the Regulator's notification of rejection of the proposal

Proof of payment utilising Form TI.r35

Form TI.r30A

Five hundred rand

(R500.00)

The Regulator

On the Regulator, A copy of From TI.63(5) and item (4) of column e

7.

Section 65(5)

Application to limit a credit provider's obligation to deliver document

n/a

Form TI. 142(3)(F)

(1) If available, records or document to show that requests are frivolous vexatious or wholly unreason-able

(2) Proof of payment utilising Form TI.r35

(3) Form TI.r30A

One hundred rand (R100.00)

The consumer

On the, consumer, a copy of Form TI.142(3)(f) and item (3) of column e

8.

Section 71(3)

Application by a consumer to review a decision to not to issue or a failure to issue a clearance certificate

n/a

Form TI.71(3)

(1) A copy of the agreement or Magistrate's Court order whereby the debt was re-arranged

(2) A copy of the application to the debt counsellor (including any receipt of other documents to prove obligation arising from the agreement)

(3) If available, the debt counsellor's reasons in writing for deciding not to issue the clearance certificate

(4) Proof that the consumer has settled all obligations except for mortgage agreement or other long term debt and can demonstrate the financial ability to satisfy these remaining obligations.

(5) Form TI.r30A

n/a

The debt counsellor from whom the certificate is to be obtained

On the debt counsellor Form TI.71(3) and item (4) of column e

9.

Section 72(6)

Application to limit an obligation to produce information

n/a

Form TI.142(3)(f)

(1) If available, records or document to show that requests are frivolous vexatious or wholly unreason-able

(2) Proof of payment utilising Form TI.r35

One hundred rand (R100.00)

The consumer

On the, consumer, a copy of Form TI.142(3)(f) and item (3) of column e

(3) Form TI.r30A

10.

Section 99(2)

Application for compen- sation from a pawnbroker in lieu of property

Within 20 business days of paying the settlement value under the agreement or within such longer period permitted by the Tribunal

Form TI.99(2)

(1) Pawn-broker's agreement and receipt of goods

n/a

The pawnbroker

On the pawnbroker, a copy of Form TI.99(2) and item (4) of column e

(2) If applicable, documents in evidence of the value of the property

(3) If applicable, the pawn-broker 's receipt of the settlement value

(4) Form TI.r30A

11.

Section 110(5)

Application to limit a credit provider' s obligation to produce statements of amounts owing

n/a

Form TI.142(3)(f)

(3) If available, records or documents to show that requests are frivolous vexatious or wholly unreason-able

One hundred rand (R100.00)

The consumer

On the consumer, a copy of Form TI.142(3)(f) and item (3) of column e

(4) Proof of payment utilising Form TI.r35

(3) Form TI.r30A

12.

Section 113(4)

Application to limit a credit provider's obligation to produce settlement amounts

n/a

Form TI.142(3)(f)

(5) If available, records or documents to show that requests are frivolous vexatious or wholly unreason-able

One hundred rand (R100.00)

The consumer

On the, consumer, a copy of Form TI.142(3)(f) and item (3) of column e

(6) Proof of payment utilising Form TI.r35

(3) Form TI.r30A

13.

Section 114(1)

Application by a consumer to compel the production of a statement

n/a

Form TI.114(1)

(1) A copy of the credit agreement

n/a

The credit provider

On the credit provider, a copy of form TI.114(1) and item (4) of column e

(2) If available, a copy of the most recent statement

(3) If applicable, a copy of the applicant's written request for a statement

(4) Form TI.r30A

14.

Section 115(1)

Application to resolve a disputed entry to a statement

Within 15 business days of the issuing of a Form NCR 28 (issuing by an ADR agent upon failure of dispute resolution)

Form TI.115(1)

(1) the Form NCR 28 issued by the ADR agent

n/a

(1) The credit provider

(2) The ADR agent that issued the Form NCR 28

On the credit provider and the ADR agent, a copy of form T1.115(1) and item (4) of column e

(2) A copy of the statement containing disputed entries

(3) A copy of credit provider's written notice under s.111(2)(a)

(4) Form TI.r30A

15.

Section 128(1)

Application for review of a sale of goods

n/a

Form TI.128(1)

(1) A copy of the credit provider's written notice of the estimated value of the goods, as required by s.127(2) or the attachment order mentioned in s.131.

n/a

(1) The credit provider

(2) If applicable, the ADR agent that issued the Form NCR 28

(1) On the credit provider, a copy of Form TI.128(1) and items (5) and item (8) of column e

(2) On the ADR agent (if applicable), a copy of Form TI.128(1) and item (8) of column e

(2) If applicable, a copy of the notice given under s.127(1)

(3) If applicable, the credit provider's receipt of goods delivered in terms of s.127(1)(b)(ii)

(4) If applicable, any correspon-dence with the credit provider regarding the sale of goods

(5) If applicable, any document supporting the applicant's

valuation of

the goods

(6) If available, a copy of the credit provider's written notice mentioned in s.127(5)(b).

(7) If applicable, a copy of the Form NCR 28 issued by the ADR agent.

(8) Form TI.R30A

16.

Section 138(1)

Application for a consent order

n/a

Form TI.138(1)

(1) A signed copy of the agreement reached between the parties, formulated as an order of the Tribunal

(2) Proof of payment utilising Form TI.r35 (if applicable)

(3) Form TI.r30A

(1) If application is brought in terms of s.138(1)(a) and/or s. 86(8)(a) :

Three hundred rand (R300.00) for the period 1 April 2019 to 31 March 2020, Four hundred rand (R400.00) for the period 1 April 2020 to 31 March 2021, Five hundred rand (R500.00) for the period 1 April 2021 to 31 March 2022, thereafter the fee will increase 7.5% annually from the 1 April 2022

(2) If application is brought in terms of s.138(1)(b): no fee

The parties to the consent agreement

To all parties, a copy of Form TI.138(1) and item (1) and (3) in column e

17.

Section 142(3)(f)

Application to limit obligations in respect of frivolous, vexatious or unreason-able requests

n/a

Form TI.142(3)(f)

(1) If available, records or documents to show that requests are frivolous vexatious or wholly unreason-able

One hundred rand (R100.00)

The consumer

On the, consumer, a copy of Form TI.142(3)(f) and item (3) of column e

(2) Proof of payment utilising Form TI.r35

(3) Form TI.r30A