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

Table 2

Part 2A : Complaint referrals (matter originating as complaints to the Regulator)

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

24.

Section 137(1)(a)

Application by the Regulator to resolve a dispute over information held by a credit bureau

n/a

Form NCR 30

(1) A copy of the com-plainant's Form NCR 29;

(2) A copy of any evidence produced by the credit bureau in terms of s.72(3)(a); and

(3) The Regulator 's report on its investiga-tion into the matter with all relevant information and conclusions

(4) Form TI.r30A

n/a

(1) The com-plainant (person to whom the disputed information relates)

(2) The credit bureau

(1) On the com-plainant, a copy of Form NCR 30 only

(2) On the credit bureau, copies of form 30, Form NCR 29, and items (1), (3) and (4) in column e

25.

Section 137(1)(b)

Application by the Regulator compelling the production of a statement of account or the review of a statement

Within 15 business days of the consumer lodging the complaint with the Regulator (being, the receipt of Form NCR

Form NCR 30

(1) The consumer's form NCR 29

(2) The Regulator's report on its investiga-tion into the matter with all  relevant information and conclusions

(3) If the application is to compel the delivery of a statement, Form TI.114(1) completed by the Regulator together with the other documents mentioned in that Form; or

(4) If the application is to review entries, to a statement, Form TI.115(1) completed by the Regulator together with the other document mentioned in that Form.

(5) Form TI.r30A

n/a

(1) The com-plainant (person to whom the statement is owing)

(2) The credit provider

(1) On the com-plainant, a copy of Forms NCR 30 and TI.114(1) or 115(1) and Form TI.r30A.

(2) On the credit provider, copies of Form NCR 30, documents (1), (2) and (4) from the list in column e and Form TI.114(1) or TI.115(1)

26.

Section 137(1)(c)

Application by the Regulator to review a sale of goods or the distribution of the proceeds of a sale

n/a

Form NCR 30

(1) The com-plainant's completed Form NCR 29

(2) The Regulator's report on its investiga-tion into the matter with all relevant information and conclusions

(3) If the application is to review a sale of goods, Form TI.128(1) completed by the Regulator with the other documents mentioned in that Form

(4) If the application is to review the distribution of proceeds, Form TI.127(6) completed with the other documents mentioned in that Form

(5) Form TI.r30A

n/a

(1) The com-plainant

(2) The Credit Provider

(3) On the com-plainant, a copy of Form NCR 30

(4) On the credit provider, copies of Form NCR 30, documents (1), (2) and (5) from the list in column e and if applicable, documents listed in (3) and (4) in column e

27.

Section 137(1)(d)

Referral by the Regulator of a complaint and application for leave to bring compliant directly before the Tribunal (matters referred before the conclusion of an invest-igation)

n/a

Form NCR 30

(1) The com-plainant's completed Form NCR 29 with all the documents that were included in the complaint initiation

(2) An affidavit setting out the order sought from the Tribunal, the parties that will be affected by the order, findings of any preliminary investiga-tion into the complaint, the  Regulator is unable or unwilling to investigate the matter, whether the com-plainant consents to the matter being brought before the Tribunal; and reasons why leave should be granted.

(3) Form TI.r30A

n/a

(1) The complaint

(2) The parties that will be affected by the order sought in the complaint referral

To the all of the parties in column g a copy of Form NCR 30, and items (2) and (3) mentioned in column e

28.

Section 140(1)

Complaint referral by the Regulator at the conclusion of the investiga-tion into a s.136 complaint

n/a

Form NCR32

(1) The com-plainant's completed Form NCR29 with all the documents that were included in the complaint initiation

(2) The Regulator's report on its investiga-tion into the matter with all relevant information and conclusions

(3) Form TI.r30A

n/a

(1) The com-plainant

(2) The entity or person complained about and all other parties that will be affected by the order or relief sought in terms of Form NCR32

(1) To the com-plainant, a copy of Form NCR 32 and item (3) of column e

(2) To all the other parties copies of form NCR 32, and all the documents listed in column e

29.

Section 141(b)

Referral by a com-plainant following the regulator's non-referral of a s.136 complaint, with application for leave to refer

Within 20 business days of the notice of non-referral, or within a longer time permitted by the Tribunal

Form NCR 32

(1) The com-plainant's completed Form NCR 29 with all the documents that were included in the complaint initiation

(2) The Regulator's notice of non-referral (Form NCR 31)

(3) Form TI.r30A

n/a

(1) The Regulator

(2) the entity or person complained about (As described in Form NCR 32)

(1) To the Regulator, a copy of Form NCR32 and Form TI.r30A

(2) To the person complained about, copies of Form NCR 32; Form NCR 31, Form NCR 29 and Form TI.r30A