Legal Articles and Guides
The Gauteng High Court has ruled that a complaint against Lewis Stores relating to delivery fees for customers who take out credit for the first time, can be heard, reports BusinessLIVE.
SA National Parks (SANParks) has obtained an order in its favour against a Constantia man who had been selling water – by the truckload – from a mountain stream.
The KZN High Court (Pietermaritzburg) application by the liquidator of VBS Mutual Bank to recover millions owed to it by former President Jacob Zuma, has revealed how the bank was reckless while conducting its business before it collapsed, notes a Cape Times report.
FNB has been found guilty of reckless lending and has had to write off a loan of more than R150 000 to a Gauteng woman who claimed the bank had failed to properly assess her finances when granting the loan.
The Gauteng High Court (Johannesburg), in a judgment written by Judge Roland Sutherland, has confirmed similar rulings in the Western Cape, KZN and Limpopo divisions, that the High Court does not have jurisdiction to release consumers from debt review.
President Cyril Ramaphosa has signed into law the controversial National Credit Amendment Bill which is geared to provide relief to over-indebted consumers, according to a Fin24 report.
A full Bench of the Gauteng High Court (Pretoria) has reserved judgment in a case that will determine how they deal with applications from consumers who want to get out of debt review before they have been able to pay off all their debts.
Why yet another warning about cyber-scams in the property industry? It’s because the hard fact is that the criminals are winning this war. In fact we are now reportedly the “second most targeted country in the world with regard to cyber-attacks”.
The courts must take a robust approach towards economic giants who flex their financial muscle to bully unsuspecting consumers to accept flawed goods, and raise all sorts of spurious defences and denials.
Banks can no longer take money from their clients' current accounts to settle their credit card debt thanks to a ruling by the Gauteng High Court (Johannesburg) outlawing the common law practice known as ‘set-off’.
The National Credit Regulator (NCR) has withdrawn its referral of Foschini Retail Group – a subsidiary of listed clothing retailer TFG – to the National Consumer Tribunal for an alleged breach of the National Credit Act.
Volkswagen Financial Services SA (VWFS), which was ordered this week by the National Consumer Tribunal to pay back unlawfully levied fees charged to customers, is to appeal against the ruling. The tribunal ruled on Monday that the on-the-road admin and handling fees charged by Volkswagen Financial Services SA on consumer credit agreements were unlawful.
The Gardens Lodge Body Corporate has been found to have charged a complex unit owner a ‘patently exorbitant’ rate on outstanding levies and/or interest. A Cape Times report says Norbert Ketzer challenged the body corporate in the SCA on an amount of R233 383 – with interest at the rate of 34.8% per annum – compounded monthly for September 2012 until July 2014.
Chicken Licken claims that the name of a vegan restaurant in Durban North, Oh my Soul Café, and its use of the word ‘licken’ in its menu are confusing to customers, and so it is taking the restaurant to court over alleged trademark infringements. Chicken Licken says it needs urgent adjudication, and the dispute is due to be aired before KZN High Court (Durban) Judge Dhaya Pillay this week.
Consumers' struggles with insurance pay-outs were highlighted after OUTsurance received a R65 000 bloody nose from clients who fought and beat the company. According to a report on the IoL site, Vuyisile Ntshangase and her husband Sifiso – both of whom are lawyers – took on OUTsurance after it refused to pay a lodged claim, despite expert mechanics from Mercedes-Benz Bedfordview – an accredited workshop – saying their car’s problematic steering rack was damage caused by entering a pothole, which the insurer covers.