The Act sets out various instances where a consumer, a credit provider, registrant or National Credit Regulator can approach the Tribunal directly.
- When the National Credit Regulator issues a notice of non-referral if the complaint appears to be frivolous or vexatious, or does not allege any facts which, if true, would constitute grounds for remedy under the Act (s139(1)(a)).
- When, after completing an investigation into a complaint, the National Credit Regulator decided not to refer the matter (s140(1)(a)).
- At any time, whether or not a hearing has commenced into a complaint, a complainant may apply to the Tribunal for interim (urgent) relief (s149).
Registrants or potential registrants
Registrants and aspirant registrants aggrieved by a decision of the Regulator may apply to the Tribunal to:
- review a compliance notice issued by the Regulator in terms of Section 55; or
- review all other decisions of the Regulator in terms of Section 59.
Consumers may apply for various orders, including an order:
- To compel a credit provider to produce a statement of account;
- For a credit provider to compensate a consumer after the sale of surrendered goods;
- For a pawnbroker to compensate a consumer for goods left with a pawnbroker;
-To review the sale of goods (s128(1)); and
- To review the decision of a debt counsellor not to issue a clearance certificate in terms of Section 71(3).
Credit providers may approach the Tribunal where a credit provider requires a reduction in its obligation to the consumer regarding the following requests by the consumer where the credit provider regards the requests to be frivolous:
- A request for reasons where credit has been declined;
- Requests for copies of documents;
- Delivery of statements;
- Requests for statements of settlement amounts; and
- Where a credit provider wants its obligations to provide access to records relating to credit reports to be limited (s72).
Credit bureaux may approach the Tribunal:
- When they want their obligations to provide access to records relating to credit records to be limited (s72).
National Credit Regulator
- Failure to comply with a compliance notice in terms of (s55(6)):
- Cancellation of registration (s57);
- Limit obligations to consumer s right to access credit records and information (s72(6));
- Failure to meet obligations under Section 81 – prevention of reckless credit.