National Credit Act, 2005 (Act No. 34 of 2005)RegulationsNational Credit Regulations, 2006Chapter 3 : Consumer Credit PolicyPart A : Credit Information19. Submission of consumer credit information to credit bureau |
| (1) | The information submitted to a credit bureau must contain the following information in respect of a consumer: |
| (a) | Initials and surname or full names and surname; |
| (b) | SA identity number, or if the consumer does not have an identity number, the passport number and date of birth; |
| (2) | In as far as it is available, the following information should be included when consumer information is submitted to a credit bureau: |
| (a) | Residential address and telephone number, |
| (b) | Details of employer and place of work, if self employed or unemployed; a statement to that effect. |
| (3) | All sources of information as set out in section 70(2) of the Act and Regulation 18(7) must take reasonable steps to ensure that the information reported to the credit bureau is accurate, up-to-date, relevant, complete, valid and not duplicated. |
| (4) | All sources of information as set out in section 70(2) of the Act and Regulation 18(7) must give the consumer at least 20 business days notice of its intention to submit the following adverse information concerning that person to a credit bureau: |
| (a) | classification of consumer behaviour, including classifications such as ‘delinquent’, ‘default’, ‘slow paying’, ‘absconded’ or ‘not contactable’; |
| (b) | classifications related to enforcement action taken by the credit provider, including classifications such as handed over for collection or recovery, legal action, or write-off. |
| (5) | No source of information as set out in section 70(2) of the Act and Regulation 18(7) may submit information to a credit bureau that has prescribed in terms of the Prescription Act 68 of 1969. |
| (6) | No source of information as set out in section 70(2) of the Act and Regulation 18(7) may submit adverse or other information to a credit bureau in respect of a debt that has prescribed in terms of the Prescription Act 68 of 1998. |
[Regulation 19(6) inserted by Notice No. R. 202, GG 38557 dated 13 March 2015]
| (7) | No source of information shall submit consumer credit information comprising adverse information to a credit bureau, unless the required minimum monthly or such other instalment payments have not been paid for a minimum period of at least three (3) consecutive billing cycles. |
[Regulation 19(7) inserted by Notice No. R. 202, GG 38557 dated 13 March 2015]
| (8) | No source of information shall submit consumer credit information comprising adverse information to a credit bureau without giving the consumer the notice contemplated in Regulation 19(4). |
[Regulation 19(8) inserted by Notice No. R. 202, GG 38557 dated 13 March 2015]
| (9) | No source of information shall submit consumer credit information comprising adverse information if any arrears owing on an account are settled within the period of the notice contemplated in Regulation 19(4) or if the consumer has disputed liability for the outstanding amounts, within the period contemplated in Regulation 20(2). |
[Regulation 19(9) inserted by Notice No. R. 202, GG 38557 dated 13 March 2015]
| (10) | Upon settlement of the amount in arrears which forms the subject matter of the adverse information, the source of data must in its next data of submission to the credit bureaus, advise such credit bureaus that the arrear amounts have been settled, the credit bureau must update the consumer's credit records within seven(7) days of being notified as such. |
[Regulation 19(10) inserted by Notice No. R. 202, GG 38557 dated 13 March 2015]
| (11) | Upon the settlement of the capital amount of a judgment debt and administration order, the source of data must advise the credit bureaus that the judgment or order has been settled within the period prescribed in section 71(A) of the Act and the credit bureaus must update the consumer's credit record within seven(7) days of being notified. |
[Regulation 19(11) inserted by Notice No. R. 202, GG 38557 dated 13 March 2015]
| (12) | A consumer credit record may not be accessed by an employment agency, recruitment consultant, staffing company or employer unless they certify that any and all requests for consumer credit records relate to positions requiring honesty in dealing with cash or finances and the job descriptions of such positions are clearly outlined. |
[Regulation 19(12) inserted by Notice No. R. 202, GG 38557 dated 13 March 2015]
| (13) | A credit provider must submit credit information to the credit bureaus in the manner and form prescribed by the National Credit Regulator through conditions of registration and any guidelines that may be issued by the National Credit Regulator from time to time. |
[Regulation 19(13 inserted by Notice No. R. 202, GG 38557 dated 13 March 2015]