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I Want to Complain

If you are having issues with a credit provider, PDA or Debt Counsellor then you probably have thought about complaining but who to complain to? Well, in SA all complaints against registrants under the National Credit Act (Debt Counsellors, Creditors and Credit Bureaux) fall under the jurisdiction of the National Credit Regulator(NCR).

The NCR

NCR LogoThe National Credit Regulator is a body established with jurisdiction in the Republic of South Africa and subject only to the Constitution and the law.   The NCR is required by law to investigate all alleged contraventions of the National Credit Act (NCA) by any of the registrants and reckless credit.  They have to be impartial, transparent without fear or favour and may not be prejudiced.  The NCR is required to investigate the conduct of a Debt Counsellor, Creditor and/or Credit Bureaux and refer it to an ombud with jurisdiction, consumer court or an alternative dispute resolution agent or appoint an investigator as quickly as possible.   After completing an investigation the NCR is then required by law to refer the matter to a either consumer court, National Consumer Tribunal or the National Prosecuting Authority.

 What Not To Expect

The NCR is not in a position to make a ruling or close a complaint but  in terms of the Act must refer the matter to the relevant authority.  The NCR is required as per their internal policy to conclude such a complaint within 90 working days.  If the NCR does not find that a contravention of the Act is relevant they must issue the complainant with what is called a Non-Referral letter.  The consumer can then use that letter to refer the matter to the National Consumer Tribunal themselves if they are unhappy with this outcome.

 How To Complain

If you have tried and failed to get help from the other party after communicating with them several times it may now be time to complain. Please refer any matters regarding a registrant e.g. Creditor, PDA, Credit Bureaux or Debt Counsellor whom you think is acting against the law (or  if you suspect reckless lending) to the NCR  http://www.ncr.org.za/sd-complaints  in terms of section 136 and fill in a complaint form 29 with all the details of the problem in order for them to investigate.   Send it to complaints@ncr.org.za.

 It Takes Time

Understanding how they handle the matter will help you anticipate their response. Complaints take a while and you may need to follow up after a short while to check that it is receiving attention. You will then have to wait and see where they refer the matter to.

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 Article References: The relevant sections of the National Credit Act is section 12 – 19 and section 136, 139 and 140 to be read with regulation 50 and 52.