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   0860 627 627 (Call Centre) / 011 554 2700  (Reception) 

  info@ncr.org.za / complaints@ncr.org.za / workshops@ncr.org.za

WELCOME TO THE NATIONAL CREDIT REGULATOR

The National Credit Regulator (NCR) was established as the regulator for the South African credit industry by the National Credit Act (34 of 2005) (NCA). It is tasked with consumer education, research, policy development, registration of industry participants, investigation of complaints and enforcement of the NCA.

The NCA requires the NCR to promote the development of an accessible credit market, particularly to address the needs of historically disadvantaged persons, low income persons, and remote, isolated or low density communities.

The NCR registers and ensures compliance to the NCA by the following industry participants: credit providers, credit bureaus, debt counsellors, alternative dispute resolution agents and payment distribution agents.

WELCOME TO THE NATIONAL CREDIT REGULATOR

The National Credit Regulator (NCR) was established as the regulator for the South African credit industry by the National Credit Act (34 of 2005) (NCA). It is tasked with consumer education, research, policy development, registration of industry participants, investigation of complaints and enforcement of the NCA.

The NCA requires the NCR to promote the development of an accessible credit market, particularly to address the needs of historically disadvantaged persons, low income persons, and remote, isolated or low density communities.

The NCR registers and ensures compliance to the NCA by the following industry participants: credit providers, credit bureaus, debt counsellors, alternative dispute resolution agents and payment distribution agents.

The National Consumer Tribunal finds Mr. Clark Gardner, a director of Summit Financial Partners (Pty) Ltd, guilty of contravening the National Credit Act and his conditions of registration as a debt counsellor

November 2021

The National Consumer Tribunal (“Tribunal”) has found Mr. Clark Gardner (“Mr. Gardner”), a director of Summit Financial Partners (Pty) Ltd, guilty of contravening the National Credit Act 34 of 2005 (“the Act”) and his conditions of registration as a debt counsellor.

This follows an investigation of complaints against Mr. Gardner by the National Credit Regulator (“NCR”) related to his activities as a debt counsellor. The Tribunal found Mr. Gardner guilty of contraventions related, amongst others, to –

  1. failing to –
    • make determinations whether consumers are over-indebted;
    • inform consumers of the consequences of applying for debt review;
    • update the records of consumers relating to debt review;
    • notify credit providers and credit bureaus that consumers have applied for debt review; and
    • perform debt counselling functions personally.
  2. over-charging of fees to consumers who applied for debt review; and receiving payments from consumers who applied for debt review at the commencement of the debt review process;
  3. using misleading and deceptive advertisements offering debt repayment reductions of up to 50% and free debt counselling services when his services were not free.

The Tribunal imposed an administrative fine of R500 000.00 on Mr. Gardner.

Furthermore, the Tribunal ordered Mr. Gardner to appoint an independent auditor to audit his consumer files dating back 3 years in order to identify, amongst others, consumers who were overcharged fees by him. The auditors’ report must be given to the NCR once completed, and Mr. Gardner will refund consumers identified by the auditors as having been overcharged.

Ends


About The National Credit Regulator
The National Credit Regulator (NCR) was established in terms of the National Credit Act 34 of 2005 (the Act) and is responsible for the regulation of the South African credit industry. The NCR is mandated with the registration of Credit Providers, Credit Bureaus, Debt Counsellors, Payment Distribution Agents, and Alternative Dispute Resolution Agents; and monitoring their conduct in compliance with the National Credit Act as amended. The National Credit Regulator offers education and protection to consumers of credit in promotion of a South African credit market that is fair, transparent, accessible and dynamic.

For more information contact:

Media Office: This email address is being protected from spambots. You need JavaScript enabled to view it.
Or
Didi Sebothoma
064 752 3910
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Website: www.ncr.org.za

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Contact details

Physical Address
127 - 15th Road
Randjespark
Midrand
1683

Physical Address
Call-Centre, Complaints and Investigations Department
232-15th Road
Randjespark
Midrand
1683

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Operating Hours

Mon - Thur : 8AM - 5PM
Friday : 8AM - 4:30PM

Call Centre
0860 627 627

Telephone
011 554 2700

National Credit Act

Download the National Credit Act
National Credit Amendment Act
National Credit Regulations
Background Documents on the NCA

 

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