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The Latest Debtfree DIGI

Wednesday, August 31, 2011

Appeal based on Collett v FRB (DCASA call for help)

DCASA has agreed to provide financial support for a new appeal using Collett v FRB Judgement
(Particularly Acting in good faith and referral to Magistrate Court in terms of Section 85)
They have made a call for members (and others) to help out with the cost:


Please support this appeal by contributing to the DCASA Legal Fund

Leave to appeal has already been granted in this case.

Merits of the appeal will use the principal of acting good faith in terms of the Collette Judgement. If successful the merits of each case should be reviewed in each individual termination.

The second issue is to request the Appeal Court to agree that the credit agreement has to be referred back to the Magistrate Court to consider the reasonable proposal was considered.

The facts in this case is as follows:

FNB requested a postponement in Magistrate Court and this was allowed. Instead of lodging opposing papers they terminated and proceeded to obtain Judgement which was granted by the High Court. This matter started before Collette but Judgement granted after.

The Client has obtained leave to appeal and will request the Appeal Court to agree that the Credit Providers has to comply with all reasonable proposals and participate in good faith ....... if they don’t comply a resumption of the process may be ordered. Bulk terminations cannot be acting in good faith.

The second issue will be to request the Appeal Court to agree that where a request for Judgement is received the Court has to establish if the CP acted in good faith and reasonable. The only way to do this it to refer the matter to Magistrate Court in terms of Section 85(a) and (b). If the Magistrate finds the proposals is reasonable, client paying then the matter should be allowed to be finalised in Magistrate Court.

DCASA members are requested to support this appeal by donating an amount of R200.00 (or more) per member to the DCASA Legal Fund. DC’s have to stand together on this issue. DCASA has already agreed to pay for the cost of the appeal. An attorney and Senior Council has already been appointed and briefed.

The NCR has also been requested to join as Friend of the Court.

Contribution to the legal fund can be made to the DCASA Bank Account.
Details is as follows:

Account Name: DCASA

Bank and Branch: Standard Bank, Greenstone

Branch Code: 016342

Account Number: 24 0380 614

Reference number: Surname-legal

for more info contact DCASA

1 comment:

  1. Dear Sir/Madame
    This should not cost Debt Councillors money and it is my view that this specific case should be undertaken by Attorneys and Council on a "Pro Bono" basis as we already spend fortunes with them on huge Supreme Court matters involving the NCA. Regards John Killik