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

Chapter 4 : Consumer Credit Policy

Part B : Confidentiality, personal information and consumer credit records

72. Right to access and challenge credit records and information


(1) Every person has a right to—
(a) be advised by a credit provider within the prescribed time before any prescribed adverse information concerning the person is reported by it to a credit bureau, and to receive a copy of that information upon request;
(b) inspect any credit bureau, or national credit register, file or information concerning that person—
(i) without charge—
(aa) as of right once within any period of twelve months;
(bb) if so ordered by a court or the Tribunal; and
(cc) once within a reasonable period after successfully challenging any information in terms of this section, for the purpose of verifying whether that information has been corrected; and
(ii) at any other time, upon payment of the inspection fee of the credit bureau or national credit register, if any;
(c) challenge the accuracy of any information concerning that person—
(i) that is the subject of a proposed report contemplated in paragraph (a); or
(ii) that is held by the credit bureau or national credit register, as the case may be,

and require the credit bureau or National Credit Regulator, as the case may be, to investigate the accuracy of any challenged information, without charge to the consumer; and

(d) be compensated by any person who reported incorrect information to a registered credit bureau or to the National Credit Register for the cost of correcting that information.


(2) A credit provider must not require or induce a prospective consumer to obtain or request a report from a credit bureau in connection with an application for credit or an assessment under section 81.


(3) If a person has challenged the accuracy of information proposed to be reported to a credit bureau or to the national credit register, or held by a credit bureau or the national credit register, the credit provider, credit bureau or national credit register, as the case may be, must take reasonable steps to seek evidence in support of the challenged information, and within the prescribed time after the filing of the challenge must—
(a) provide a copy of any such credible evidence to the person who filed the challenge, or
(b) remove the information, and all record of it, from its files, if it is unable to find credible evidence in support of the information,

subject to subsection (6).


(4) Within 20 business days after receiving a copy of evidence in terms of subsection (3)(a), the person who challenged the information held by a credit provider, credit bureau or national credit register may apply in the prescribed manner and form to the National Credit Regulator to investigate the disputed information as a complaint under section 136.


(5) A credit bureau or the National Credit Register may not report information that is challenged until the challenge has been resolved in terms of subsection (3)(a) or (b).


(6) On application by a credit provider, credit bureau or the National Credit Regulator, as the case may be, the Tribunal may make an order limiting the applicant’s obligations to a consumer in terms of this section if the Tribunal is satisfied that the consumer’s—
(a) particular request or requirement is frivolous, unfounded or wholly unreasonable; or
(b) history and pattern of such requests or requirements are frivolous or vexatious.


(7) Failure by a credit bureau to comply with a notice issued in terms of section 55, in relation to this section, is an offence.