This dissertation investigates, in general, the debt enforcement procedures contained in the National Credit Act. It provides information on the purpose of consumer credit legislation and the South African credit industry to indicate the necessity for proper regulation. It further identifies some areas that had been problematic in the debt enforcement process, but which were clarified by recent court decisions. Specific aspects related to current problems experienced in the interpretation of the Act with reference to debt enforcement are identified, and the opinions of various authors, as well as the researcher’s own opinion, are provided in order to find solutions to such problems. It is clear from the provisions of section 3 of the Act and the discussions throughout this dissertation that the legislature regarded the protection of the consumers as its first priority. A delicate balance must, however, be maintained to protect the consumers interests, and those of the credit provider, since it would inevitably influence the South African economy if the balance were to favour a particular party’s interests. Recent decisions by the courts indicate that the Act is not all-inclusive and that the common law will be used to provide guidance or to take precedence where the Act does not make provision for certain circumstances or debt enforcement procedures. This dissertation further illustrates that the legislature needs to refine the provisions of debt enforcement contained in the Act, to clear ambiguities and create legal certainty. For as long as there are ambiguities in the Act, both the consumer and the credit provider will be disadvantaged, since in that case, a balance between the rights and the obligations of the consumer and those of the credit provider does not exist. Despite the fact that these ambiguities will eventually be clarified by interpretations provided by the courts, the Act, currently fails in its purpose to a certain extent, since clear and precise legislation is required. However, expensive and time-consuming interpretations are now required from the courts to resolve practical problems and to clear ambiguities. / Dissertation (LLM)--University of Pretoria, 2013. / Private Law / unrestricted

M.Com. (Business Management) / This dissertation deals with the subject of feasibility studies, as applied to the determination of the viability of a business idea or - concept. The first section of the study comprised a search for available material on the topic. Information regarding feasibility studies and business plans, and the difference between the two, was gleaned from contemporary literature covering the subject, such as tutorials by the Small Business Development Corporation, as well as several local and international text books, in order to construe an appropriate framework for the compilation of such a study. In the second section of the dissertation the framework decided on was applied to a specific business idea. Information for the completion of this section was obtained by interviewing representatives actually engaged in a similar enterprise, requesting information from various departments of state and business enterprises, as well as searches in relevant literature. The dissertation concludes by reiterating that the purpose of such a study is purely to determine the viability or feasibility of a project or business idea, and should it be necessary to obtain funds from third parties in order to initiate such a business (given a positive result from the feasibility study), a comprehensive business plan should be compiled...

Companies around the world have collected enormous amounts of data at the customer level, and are using different methodologies to understand their customers’ behaviour. However these different methodologies have not been effective in leveraging customer information. In this study, by computing Customer Lifetime Value (CLV) scores for individual customers of a banking organisation, two segments namely high CLV and low CLV are mined. The level of indebtedness among customers in this study is identified based on the two segments mentioned above. Also in this study, a critical analysis of the literature on the association of CLV and Over-indebtedness is provided. The results indicate that the low CLV customers are less likely to end up over-indebted. This finding negates the common viewpoint that low CLV and over-indebtedness variables are associated. A quantitative research design was chosen above a qualitative research design for this study. CLV scores for individual customers are calculated using Hwang (2004) model and a Chi-squared test is used for the hypothesis testing of the research propositions. Based on the findings and conclusions drawn from this study, several recommendations and further future research are made. / Dissertation (MBA)--University of Pretoria, 2014. / zkgibs2015 / Gordon Institute of Business Science (GIBS) / Unrestricted

A research report submitted in accordance with the requirements of the degree of Masters of Management in the Field of Public Policy (MMPP) in the Wits School of Governance (WSG), Faculty of Commerce, Law and Management at the University of the Witwatersrand, October 2017 / Even though South Africa is living in what is referred to as a constitutional democracy which is defined within the context of its Bill of Rights contained in Chapter 2 of the Constitution of the Republic of South Africa Act, 1996 (the Constitution) which is advocating for promotion of human rights, the country still finds itself in a situation where the ideals and objectives of this Constitution are still often regarded as unachievable by ordinary citizens. The Bill of Rights seeks to promote and protect full enjoyment of the rights contained in the Constitution and requires the state to realise this by developing progressive legislation and other reasonable measures for the achievement of the above, within the backdrop of the social and economic transformation purpose of the Constitution. The success and therefore the benefit of the Bill of Rights can only be calculated within the prism of policies and legislation developed in line with this Constitution and how these are implemented by those who have been mandated to do so / MT 2019

No description available.

This diploma thesis deals with the development of the consumer credit market in the Czech Republic. The thesis is divided into two parts. The first part is dedicated to characteristics of consumer credit, its anchoring in the Czech legislation, its types, subjects in the consumer credit market and the credit approval process. The second part analyses the statistical data, shows the development of the consumer credit market and the development of the indebtedness of Czech households. The end of thesis contains an estimate of probable future development of this part of market.

The thesis deals with the issue of excessive debt of households. In the first part the analysis of development of indebtedness of households was made and it was found out, that consumer loans are the most risky. Consumer loans are associated with the highest ratio of defaulting loans and are the leading cause of bankruptcies of individuals in the Czech Republic. The following chapter analyzes institutional environment of credit market and detects current weaknesses. These weaknesses consist in insufficient oversight of nonbank provider of consumer loans, absence of upper limit of annual percentage rate for consumer credit and credit availability to risk groups of households. Another cause of overindebtedness of households is insufficient financial literacy in Czech Republic. The reduced consumption has been identified as the most significant impact of overindebtedness of households. It is caused by transferring funds from households with a higher propensity to consume to households with a lower propensity to consume. Lower household consumption leads also to lower government revenue collected through the value added tax. Another economic impact we can see for example in increasing poverty of households, increasing criminality, higher government spending on health care or potential political radicalization. The thesis results are proposals of legislative measures that would mitigate the economic impact of overindebtedness of households. These measures lie primarily in the regulation of consumer credit market and greater consumer protection. The specific options are an extension of supervision by the Czech National Bank on nonbank providers of consumer loans, determining the upper limit of annual percentage rate, more thorough application of the legal obligation to examine the ability of borrowers to repay loans. Another option is to reduce the limit of 30 % of paid-up commitments in insolvency law.

Legal regulation of consumer credit in selected jurisdictions - abstract This master thesis is a comparative study of consumer credit regulation. Consumer credit regulation is compared in three different countries: the Czech Republic, Russia and the United Kingdom of Great Britain and Northern Ireland. The distinctions between the Czech regulation on one hand, and Russian and British regulations on the other hand are analyzed and evaluated in terms of their reasonability. The conclusion summarizes the recommendations for optimization of the future consumer credit regulation. Keywords Consumer credit, annual percentage rate of charge, interest, consumer credit advertising, Russia, United Kingdom

Text in Afrikaans / Professionele etiek word nie altyd in ag geneem met besigheidsbesluite nie. Die vordering van kredietversekeringspremies is waarskynlik 'n voorbeeld daarvan. Die uitneem van kredietversekering is dikwels 'n voorwaarde vir die verlening van krediet deur sommige meubelhandelaars. Geweldige finansiele voordele wat voortspruit uit kredietversekeringskemas lei tot uitbuiting van die publiek deur sekere meubelhandelaars. Die verskillende kredietversekeringskemas wat in die meubelhandel toegepas word, voldoen nie aan die vereistes van die Woekerwet, 1968, en die Versekeringswet, 1943, nie. Hierdie oortredings het dikwels 'n wesenlike uitwerking op die geopenbaarde finansiele inligting van verskeie meubelhandelaars. Dit is die ouditeur se verantwoordelikheid om die statutere vereistes met die vordering van kredietversekeringspremies in ag te neem, aangesien dit 'n onwettige optrede, asook 'n onreelmatigheid kragtens algemeen aanvaarde ouditstandaarde is. Die ouditeur behoort toepaslik verslag te doen oor gevolglike wanvoorstellings van die finansiele inligting van die betrokke meubelhandelaars. Hierdie verantwoordelikheid word egter nie deur alle ouditeure nagekom nie. / The taking out of credit insurance is often a condition for the granting of credit by certain furniture traders. Enormous financial gains arising from credit insurance schemes result in exploitation of the public by certain furniture traders. Various credit insurance schemes in the furniture trade contravene the Usury Act, 1968, and the Insurance Act, 1943. These contraventions often materially affect financial information disclosed by certain furniture traders. It is the auditor's responsibility to consider the statutory requirements for the collection of credit insurance premiums, as this is an illegal act and an irregularity in terms of general accepted auditing standards. The auditor's duty is to appropriately report on resulting misrepresentations of financial information of such furniture traders. Some auditors however, do not comply with this responsibility. / Auditing / M. Compt. (Auditing)

Consumer credit is seen as a matter of course and an essential precondition enabling the individual consumer to allocate in a smooth manner his or her income to varying expenses, and allowing the growth-rate to increase in society. The consumer community using different forms of credit has increased and includes today a diversity of social groups such as the elderly, children, the rich and the poor. Credit is not just a good thing, however, as it involves risks of failing to fulfill the credit contract obligations. The point of departure for the thesis is that over-indebtedness constitutes a problem which society wishes to solve because it causes considerable difficulties for both individuals and society as a whole. Numerous rules govern loans in Sweden, from the moment the consumer contemplates entering into a credit contract to the moment when the consumer is too indebted to repay the debt when due and must seek debt-repayment-plan modification. The thesis examines and analyses which consumer protections against overindebtedness emerge from these rules. The study shows that the regulatory measures adopted in recent years are similar to each other and mostly consist of rules protecting the consumer before a credit contract is concluded. Although the purpose of other existing rules addressing the last phase of the credit process is to protect the consumer who miscalculated his or her future economic circumstances, the protection is overall weak. In fact some of the rules in the last phase of the credit process can contribute to aggravating the consumer’s economic situation.