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Pensioner

Deanesh asked 2 months ago

Hi,

My father has been unemployed for 20 years and is now 68 years of age, gets a government grant and is unfit to work he currently lives in his mum’s house which was given to a niece in her will of testament after she passed on my father does not have any property, vehicle, money or valuables and currently owes on credit cards which he is unable to make payments towards due to his situation could you advise what will be the best way to approach this in getting the bank to write off the debt as he only gets R1500 from government.
This could possibly be a case of reckless lending.

1 Answers
Carien Kruger Staff answered 2 months ago

Good day,

The Act defines reckless lending as follows:

“A credit agreement is reckless if, at the time that the agreement was made, or at the time when the amount approved in terms of the agreement is increased –

The credit provider failed to conduct an assessment as required by section 81 (2) irrespective of what the outcome of such an assessment might have concluded at the time; or

The credit provider, having conducted an assessment as required by section 81 (2), entered into the credit agreement with the consumer despite the fact that the preponderance of information available to the credit provider indicated that –

The consumer did not generally understand or appreciate the consumer’s risks, costs or obligations under the proposed credit agreement; or

Entering into that credit agreement would make the consumer over-indebted.”

If the credit providers were at fault on one or all of the above your father could have been a victim of reckless lending.

You can approach the court for a case of reckless lending to get the debt to be written off.

Kind regards