Risks and pecularities of the default situations in bank-consumer relationship: A case study

Abstract

Kubyana and Standard Bank of South Africa, this matter was brought before the North Gauteng High Court sitting in Pretoria, South Africa. The issue to be determine by the Court was to look at the steps that the credit provider ought to take in order to ensure that a notice, notifying the debtor about his/her debt reaches him/her as a consumer before such notice could commence court litigation. This can only happen, in the circumstances where he/she (the defaulter/consumer) failed to comply with his/her obligation. The North Gauteng High Court was required to decide the legal requirements that may be brought in to satisfy the court on preponderance of evidence that the credit provider has satisfied the court that the defaulter or consumer received such notice.