Posted on April 6, 2017
Businesses need to provide reasons for drawing consumer credit reports, in terms of the National Credit Act.
If you are a credit provider of any kind, it is inevitable that you will frequently have to dig into the financial history of potential debtors.
pbVerify offers a range of Business to Consumer (B2C) credit check services*, which help businesses make better business credit decisions when assessing new debtors. As SA’s leading data bureau, we know that the better the information you have on your potential customers, the better your decisions will ultimately be.
At the same time, you need to be aware that the rights of the credit-seeking consumer are clearly enshrined in legislation, in particular the National Credit Act (NCA) No. 34 of 2005, and the onus is on you to make sure you comply.
Yes, as a credit grantor following good business practice, you have the basis for an enquiry into a potential debtor’s financial history (i.e. via a credit report) – but a consumer’s credit report is confidential and may not be accessed without legal grounds, or the consumer’s explicit permission.
These “legal grounds” are laid out in the NCA, in the form of prescribed purposes (the Act requires that you specify the reason you are drawing a credit report).
In this article, we will outline the rationale behind the NCA, and list some of the prescribed purposes it incorporates.
The purpose of the NCA
South Africa’s population consists mainly of lower LSM (Living Standards Measure) individuals with limited to no access to credit channels.
According to the Banking Association of South Africa, the complex nature of credit agreements has left many of the country’s consumers vulnerable and often exploited by credit providers.
“This led to the establishment of the NCA [which includes] mechanisms to protect consumers against unscrupulous lending and over-indebtedness.”
The NCA seeks to “promote and advance the social and economic welfare of South Africans, promote a fair, transparent, competitive, sustainable, responsible, efficient, effective and accessible credit market and industry, and to protect consumers.”
The association lists credit providers as banks, micro-lenders, retailers (e.g. furniture and clothing stores) and “all businesses, companies, close corporations, partnerships and individuals who do business on credit, provide loans or charge interest on overdue accounts; and who offer credit within the prescribed threshold values in terms of the [NCA] Act”.
Consumers, says the association, include both individuals (natural persons) and “certain juristic persons [e.g. companies, close corporations, trusts (with more than three individual trustees), partnerships and an association of persons] whose asset value or annual turnover, together with the combined asset value or annual turnover of all related juristic persons, at the time the agreement is made, equals or exceeds the threshold value of R1 million”.
A credit bureau may issue you with a consumer’s credit report in terms of the NCA, under a number of prescribed purposes – including, but not limited to:
- Account Management
- Affordability Assessment
- Alternative dispute resolution
- Book Assessment
- Consumer Enquiry
- Credit Assessment
- Credit Limit
- Credit Ombud Enquiry
- Tracing (non-credit provider
- Debt Review
- Education / Employment
- Fraud Investigation
- Fraud Prevention
- Insurance Application
- Marketing Services
- Other Legislation
- On consumer instruction/consent
- Score Development
- Unclaimed Funds
The above are abbreviated descriptions. For the full description, explanation and NCA references, click HERE.
pbVerify’s B2C credit check suite and is available after registration to any business that grants credit to other businesses or consumers.
*pbVerify’s Consumer Credit Check services include the Transunion ITC Credit Check; Compuscan Credit Check; Experian Credit Check; XDS Credit Check; pbVerify Credit Check; and our recently added Express Credit Score product (See related blog here).
- National Credit Act 34 (2005)
- The Banking Association of South Africa website
- IOL – Who may see your credit report?
- pbVerify blog – Credit vetting: an essential key to SME success
- Compuscan’s “Prescribed purposes for access to consumer data” guide