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Debt Collectors Act, 1998 (Act No. 114 of 1998)

19. Recovery of money

 

1) A debt collector shall not recover from a debtor any amount other than–
a) the capital amount of a debt due and interest legally due and payable thereon for the period during which the capital amount remains unpaid; and
b) necessary expenses and fees prescribed by the Minister in the Gazette after consultation with the Council.

 

2) Upon request by a debtor and against payment of any prescribed fee, the clerk of a magistrate's court or a costs committee of a provincial law society may tax or assess any account or statement of costs, interest and payments claimed to be owed by a debtor to a debt collector or his or her client.

 

3) The provisions of subsection (2) shall not be construed as preventing the taxation or assessment of any further account or statement of costs reflecting further amounts which become payable by the debtor to the debt collector or his or her client and which arise from the same cause of debt as that from which amounts reflected in an already taxed or assessed account or statement of costs arose.

 

4) A debt collector shall deliver to a debtor, upon request and against payment of a prescribed fee, a settlement account containing a complete exposition of all debits and credits in connection with a specific collection: Provided that a debtor shall be entitled to request a settlement account free of charge once in every six months.

 

 


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