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Media Release - May 2017

The National Consumer Tribunal (Tribunal) has handed down judgment yesterday declaring Allied Capital (Pty) Ltd’s “pawn your car and still drive it” scheme (“scheme”) unlawful and prohibited by the National Credit Act 34 of 2005 (“NCA”). This follows an investigation into Allied Capital by the NCR.

Under the scheme, a consumer would approach Allied Capital for a loan and was made to sign a series of documents. Allied Capital would change the title of the consumer’s motor vehicle to itself with the consumer remaining in possession of the motor vehicle,  paying a rental fee to Allied Capital. Over and above the rental the consumer is charged an administration fee. The scheme was extensively advertised by Allied Capital to the public.

The Tribunal found in favour of the NCR that:

The Tribunal made an order:

“The transactions concluded by Allied Capital under this scheme are indeed simulated transactions because consumers had no intention to sell their cars to Allied Capital and rent them back. The consumers only wanted to borrow money from Allied Capital using their cars as security for loans” says Jacqueline Peters, Manager: Investigations and Enforcement at the NCR.

“The NCR cautions consumers against using their cars as security for loans or pawning them since they risk losing their cars if they fail to repay the loans as agreed with credit providers”, says Peters.

The NCR will conduct an investigation on an urgent basis to determine whether Allied Capital is still operating under the same name and would seek execution of the Tribunal’s judgment immediately to prevent more repossession of consumers’ cars”, concluded Peters.

Ends


Issued by:
National Credit Regulator
Lebogang Selibi
Telephone: (011)554 -2722
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Website: www.ncr.org.za