The NCA and prescription

May 28, 2015 | 2015, News

The NCA requires, as a precursor to litigation on a credit agreement, that one sends a ‘s129’ notice, advising the debtor of his rights in terms of the NCA, and a few other formalities. Where a credit provider institutes an action to enforce payment of a debt arising from a credit agreement, the running of prescription in respect of the debt –which in SA is 3 years – is interrupted by service of the summons. This is also the case where one has neglected to serve the notice prior to issuing summons.

Therefore if a credit provider issues summons and fails to attach a s129(1) notice, the summons is not considered void and prescription is still interrupted.

Link to full judgment here