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NCR & Consumer Rights

Know your rights and stay protected under South African law

3 Legal Guides
NCA-Compliant Advice

Protect Your Rights

Expert guides on NCR regulations, credit bureau procedures, and legal protections under the National Credit Act

Frequently Asked Questions

How long do adverse credit records stay on my credit report in South Africa?
Under the National Credit Act: (1) Paid judgments - 5 years from date of payment, (2) Unpaid judgments - Until paid, then 5 years, (3) Default listings - 1 year after debt is paid, (4) Sequestration (bankruptcy) - 10 years, (5) Debt review flag - Removed once you receive a clearance certificate from your debt counselor. You can dispute incorrect records immediately with credit bureaus.
What is debt review and how does it affect my credit score?
Debt review (debt counseling) is a legal process under the NCA where a registered debt counselor negotiates lower payments with creditors. While under debt review, you cannot take new credit, and your credit report shows 'under debt review.' Your score will be negatively affected during the process, but it protects you from legal action. After successful completion and receiving a clearance certificate, the flag is removed, and your score can recover within 6-12 months.
Can lenders charge me any interest rate they want in South Africa?
No. The National Credit Act sets maximum interest rate caps. As of 2025: Personal loans are capped at repo rate + 21% (approximately 28.75% per year). Lenders also cannot charge more than the prescribed initiation and monthly service fees. If a lender charges above these limits, they are breaking the law, and you can report them to the NCR.
What can I do if I was given a loan I couldn't afford?
This is called 'reckless lending' under the NCA. Lenders MUST conduct affordability assessments before granting credit. If they didn't, or if they approved credit you clearly couldn't afford, you can: (1) File a complaint with the NCR, (2) Apply to have the debt declared reckless in Magistrate's Court, (3) If successful, the debt may be suspended or restructured. Keep all application documents as evidence.
How do I report a lender to the NCR?
Contact the NCR directly: (1) Call 0860 627 627 (Mon-Fri 8am-5pm), (2) Email complaints@ncr.org.za with details and evidence, (3) Use the online complaint form at ncr.org.za, (4) Visit an NCR office in person. Provide: your ID, the credit agreement, evidence of the violation. The NCR must investigate within 14 days and can fine lenders up to R1 million.
What is the cooling-off period for loans in South Africa?
Under the NCA, you have 5 business days to cancel a credit agreement without giving a reason or penalty. This applies to all consumer credit agreements signed in SA. To exercise this right: notify the lender in writing within 5 days of signing. You must return any goods/money received. The lender cannot charge you anything except for services already rendered.
Can creditors call me at work or threaten me?
No. The NCA and Debt Collectors Act prohibit: (1) Calls before 6 AM or after 9 PM, (2) Calling your workplace if you've asked them not to, (3) Harassment, threats, or abusive language, (4) Contacting third parties about your debt without your consent, (5) Misrepresenting amounts owed. Report violations to the NCR or Credit Ombud (creditombud.org.za).
What is an affordability assessment and why is it important?
By law, lenders must assess whether you can afford a loan before approving it. They must verify: your income (payslips, bank statements), existing debts, living expenses, and dependents. Skipping this assessment is reckless lending. If a lender approves credit without proper assessment, the agreement may be declared reckless by a court, potentially writing off the debt.
How do I get removed from the ITC blacklist?
There's no single 'blacklist'—credit bureaus maintain separate records. To get adverse listings removed: (1) Pay the debt and request a paid-up letter, (2) Submit removal request to the bureau with proof of payment, (3) Wait for the prescribed period (1-5 years depending on type), (4) Dispute errors in writing—bureaus have 20 days to investigate. You cannot legally remove accurate negative information before the retention period expires.
What happens if I ignore debt collectors?
Ignoring debt doesn't make it go away. Timeline: (1) After 3 missed payments, you're in default, (2) Account is handed to collections and listed on credit bureaus, (3) After 6-12 months, legal action may begin, (4) A judgment can be obtained against you (stays on record 5 years), (5) Emolument attachment order (garnishee) can take money directly from your salary. Better to negotiate early—most collectors accept payment plans.

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