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

Regulations

National Credit Regulations, 2006

Chapter 3 : Consumer Credit Policy

Part A : Credit Information

17. Retention periods for credit bureau information

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(1)The consumer credit information as per the following table must be displayed and used for purposes of credit scoring or credit assessment for a maximum period from the date of the event, as indicated:

 

Categories of Consumer Credit Information

Description

Maximum Period

1.

Details and results of complaints lodged by consumers

Number and nature of complaints lodged and whether a complaint was rejected. No information may be displayed on complaints that were upheld

6 months

2.

Enquiries

Number of enquiries made on a consumer's record, including the name of the entity/person who made the enquiry and a contact person if available

1 year

3.

Payment profile

Factual information pertaining to the payment profile of the consumer

5 years

4.

Adverse classifications of enforcement action

Classification related to enforcement action taken by a credit provider

1 year or within the period prescribed in section 71A

5.

Adverse classifications of consumer behaviour

Subjective classifications of

consumer behaviour

1 year or within the period prescribed in section 71A

6.

Debt Restructuring

As per section 86 of the Act, an order given by the Court or Tribunal

Within the period prescribed in section 71(1) of the Act or until a clearance certificate is issued

7.

Civil court judgments

Civil court judgments including default judgments

The earlier of 5 years or until the judgment is rescinded by a court or abandoned by the credit provider in terms of section  86 of the Magistrates Courts Act 32 of 1944 or within the period prescribed in section 71A of the Act

8.

Maintenance judgments in terms of the Maintenance Act 99 of 1998

As per the court judgment

until the judgment is rescinded by a court

9.

Sequestration order

As per court order

5years or until rehabilitation order is granted

10.

Rehabilitation order

As per court order

5 years

11.

Administration Order

As per the court order

5 years or until order is rescinded by court

 

[Regulation 17 deleted and replaced by new Regulation 17 by Notice No. R. 202, GG 38557 dated 13 March 2005]