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National Credit Act, 2005 (Act No. 34 of 2005)

Chapter 4 : Consumer Credit Policy

Part A : Consumer Rights

65. Right to receive documents


(1) Every document that is required to be delivered to a consumer in terms of this Act must be delivered in the prescribed manner, if any.


(2) If no method has been prescribed for the delivery of a particular document to a consumer, the person required to deliver that document must—
(a) make the document available to the consumer through one or more of the following mechanisms—
(i) in person at the business premises of the credit provider, or at any other location designated by the consumer but at the consumer’s expense, or by ordinary mail;
(ii) by fax;
(iii) by email; or
(iv) by printable web-page; and
(b) deliver it to the consumer in the manner chosen by the consumer from the options made available in terms of paragraph (a).


(3) A credit provider must not charge a fee for the original copy of any document required to be delivered to a consumer in terms of this Act.


(4) On written request from the consumer the credit provider must provide the consumer with—
(a) a single replacement copy of a document required in terms of this Act, without charge to the consumer, at any time within a year after the date for original delivery of that document; and
(b) any other replacement copy, subject to any search and production fees permitted by regulation.


(5) On application by a credit provider, the Tribunal may make an order limiting the credit provider’s obligation in terms of subsection (4) if the Tribunal is satisfied that the consumer’s requests for information are frivolous or vexatious.


(6) Subsections (3), (4) and (5) do not apply to a developmental credit agreement if—
(a) the National Credit Regulator has pre-approved procedures to be followed by the credit provider in the delivery of documents with respect to such credit agreements in terms of this Act; and
(b) the credit provider has complied with those pre-approved procedures in dealing with the particular consumer.


(7) When pre-approving any procedure as contemplated in subsection (6), the National Credit Regulator must balance the need for efficiency of the credit provider with the principles of subsections (1) to (5).