The trouble with family loans: A R540,000 lesson
“How sharper than a serpent’s tooth it is to have a thankless child!” (Shakespeare) “Family helps family in times of need” – that’s been part of human culture since long before the dawn of history but be sure to observe all legal formalities. A recent High Court decision provides an excellent example of the risks […]
Coffee with us
Welcome to this month’s coffee chat. During lockdown many of us, many of our friends, family and colleagues, experienced financial strain which nobody expected. Debt review or debt management became a reality or real possibility for many. Earlier this month a young client, mid 30s, came to us for advice. He was placed under debt […]
When bond clauses sink sales…
“Before anything else, preparation is the key to success” (Alexander Graham Bell) You sell your house, give the signed sale agreement to your attorney, and wait to get paid out as soon as the property transfer is registered in he Deeds Office. What could possibly go wrong? Quite a bit as it turns out, but […]
Can your bank take your money without permission?
“A bank is a place that will lend you money if you can prove that you don’t need it” (Bob Hope) A recent High Court decision has settled the knotty question of whether your bank can take money it holds for you in one account to cover your debt to it in another, without your […]
Lending to a friend or selling property on credit – Must you register as a credit provider?
“Neither a borrower nor a lender be for loan oft loses both itself and friend” (Shakespeare) It seems logical that the very strong consumer protections in the NCA (National Credit Act) are designed for commercial situations in which credit is advanced by “credit provider” businesses to “credit consumers”. But does the NCA also apply to […]
GARNISHEE ORDERS: A 7-POINT PRACTICAL GUIDE TO NEW RULES FOR LENDERS, DEBTORS AND EMPLOYERS
“…the law regulating the granting of emoluments attachment orders was misapplied and abused by the credit providers. This caused enormous hardship to individuals against whom those orders were issued” (extract from judgment below) How does the Constitutional Court’s new ruling on garnishee orders (more properly referred to as EAOs or Emoluments Attachment Orders) affect you? […]