Paid-up court judgments for bad debt now easier to rescind

CaptureAn amendment to the law that governs how courts treat bad-debt judgments against companies and individuals makes it much easier for these to be revoked once paid up.

Finally some good news for South African companies and individuals that have been affected by court judgments for bad debt: Once paid up, bad-debt judgments will now be much easier to remove.

This comes after an amendment (Clause 14 into Section 23A of the Courts of Law Amendment Act No. 7 of 2017) to the law on how courts handle bad-debt judgments.

As of 11 March 2019, a company or consumer that has settled their bad debt no longer needs to prove to the courts that there is a sound reason for their judgments to be removed. Previously, those with bad-debt judgments against them had to follow an arduous process known as rescission of judgment, which basically means having a judgment revoked.

Rescission of judgment historically involved a lot of red tape, including a lengthy application process and solid justification, and often hefty costs – and after all of this, there was still no guarantee that the court would accept the justification provided, and consent to reversal of the judgment.

Now, a company or consumer simply needs to show that their debt – including any interest and/or costs accrued from the judgment – has been paid in full, and the related bad-debt judgment can be reversed by the court. There is also no longer need to obtain permission for reversal from the party that obtained the judgment originally.

What does the amendment mean for pbVerify customers?

As South Africa’s leading data bureau, one of pbVerify’s priorities and chief services to you, as our valued client, is to allow you to grant credit to customers with complete confidence. This is why we welcome the latest amendment to the Courts of Law Amendment Act.

If you are a business that has customers for whom you have requested bad-debt judgments, the amendment means those customers now have far more incentive to pay up their debt, as this will allow them to have the judgment against their name removed. Previously, many individuals may have shirked paying their debts, because the judgment against their name would still stand.

If you are a business that yourself has a bad-debt judgment, you can now rest assured that, after paying the relevant creditor or originator of the judgement, you can wipe your company’s bad-debt slate clean.

While there are still processes and costs involved – and some feel the move may benefit companies more than individual consumers – it has been lauded as largely beneficial for any debtor that wants to clear their credit record.

[REFERENCES]

  1. Business Insider – Bad debt judgments now easier to overturn with new rescission rules
  2. The Department of Justice and Constitutional Development – Self-help guidelines for Consent Rescission of Default Judgment
  3. RNEWS – New provisions for rescissions of Paid-Up Judgements
  4. Fin24 – Rescission of judgment explained
  5. Parliament (PDF) – Portfolio Committee amendments to the Courts of Law Amendment Bill

 

pbVerify provides an easy to use, web-based system that instantly connects your business to real-time consumer and business information from the four largest credit bureaus in South Africa, the Companies and Intellectual Property Commission, Deeds Office and other business-critical data providers. pbVerify’s business tools enable you to instantly access current and accurate information to assist you in preventing fraud, identifying, tracing and assessing debtors, and effectively managing risk in your business at all times.

Credit bureaus rebut e-toll blacklisting threats

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Etoll picSA’s credit bureaus contradict threats by collection company ETC that non-payment of e-tolls could get road users blacklisted.

Road users need not panic – non-payment of e-toll bills will not get you blacklisted.

This is the firm word from SA’s credit bureaus, in reaction to recent news around e-tolls and default judgments that has sparked a new wave of panic around the government’s embattled highway tolling project.

In a statement last week, the Credit Bureau Association (CBA) stated categorically that road users could not – and would not – be blacklisted for not paying their e-toll bills. “Information relating to e-tolls/SANRAL [SA National Roads Agency Limited] will not be held on the credit bureaus.

“The Transport Laws and Related Matters Amendment Act, 2013, which amended the South African National Roads Agency Limited and National Roads Act, 1998, specifically excludes the levying and collecting of e-tolls from the provisions of the National Credit Act, 2005 and the Regulations thereto, as amended from time to time (“the NCA”).

“Credit bureaus receive, hold, display and remove consumer information in accordance with the provisions of the NCA and accordingly are not able to hold information which is specifically excluded from the provisions of the NCA.”

The CBA, an industry body representing 9 of the 14 registered credit bureaus within South Africa, further stated that any information relating to e-tolls or SANRAL, which had been “inadvertently” loaded onto a consumer profile, would be removed.

“If any consumer is aware that information relating to e-tolls/SANRAL has been loaded to his/her consumer profile, please contact one of the [listed] credit bureaus to lodge a dispute and this information will be removed.”

The CBA represents Compuscan, Consumer Profile Bureau, Cred-IT Data Risk Management Solutions, Experian, Inoxico, Lexis Nexis Risk Management Services, Tenant Profile Network, TransUnion and Xpert Decision Systems (XDS).

What sparked the panic?

The CBA’s setting straight of the record comes after reports last weekend that a Gauteng motorist had been denied credit after being blacklisted for owing R60 000 in e-toll fees.

According to IOL, at least 25 other e-toll defaulters had also been given default judgments. Default judgments arise when a debtor does not respond or defend a summons they have received, and a default judgment automatically means blacklisting.

Shortly after reports of the shock discovery by the Gauteng consumer, Electronic Toll Collection (ETC) – the body appointed by Sanral to collect e-toll fees – said it had applied to the courts for about 1 400 default judgments against road users who had neglected to pay their e-toll fees, and had ignored court summonses.

According to Eyewitness News, ETC chief executive Coenie Vermaak said that over 15 000 summonses had been sent to court for e-toll users who had not settled their e-toll accounts.

 *To read the law that underpins the CBA’s statement first-hand, click HERE.

 [REFERENCES]  

  1. Credit Bureau Association: Consumer information relating to e-tolls
  2. za – Transport Laws and Related Matters Amendment Act 3 of 2013
  3. Eyewitness news – E-tolls collection company applies for 1400 default judgments for blacklisting
  4. Business Tech – ‘Pay your e-tolls or you will be blacklisted’
  5. IOL – E-tolls blacklist shocker for Gauteng resident

China’s social scoring system takes the idea of credit vetting to another level

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chinasocialcredit

Picture credit: Kevin Hong

Your credit score makes up a significant part of the whole when it comes to your social status – something we at pbVerify value, and use to promote sound decision making.

 

As SA’s leading credit data bureau, pbVerify knows how important it is – for businesses and consumers alike – to be familiar with their credit history, and well aware of their current credit status. There are good reasons for providing access to credit score information, all of which are aimed at promoting financial health and good business decisions.

The same beneficial system, however, has seemingly seen a more sinister twist, with the well-publicised move by the Chinese government to take it to a whole new level – one that instils fear, rather than protecting the people it is in place for.

We all know about social status and, whether we like to admit it or not, it is important to us. Nowadays we use social media platforms like Facebook, WhatsApp, Instagram and Snapchat to project a certain idea about ourselves to the world around us – a feature these platforms refer to as a user’s “Status”.

pbVerify specialises in one of the most influential aspects or “scores” that make up a personal status – your credit score. While most consumers are all too familiar with what a credit score means, the implications of a negative score and the importance of knowing your score, the system the Chinese government plans to implement over the next few years, in which every citizen is tagged with a social score, sounds like the makings of a science fiction novel.

China’s Social Credit System (SCS), whereby the government plans to rank its citizens based on their social credit, is due to be implemented in full by 2020, although its wheels are already well in motion. It basically allocates each citizen a social score card based on – among other things – their credit history, behaviour, philanthropic contributions and even outlook on life and events. The government will garner this information based on citizens’ accounts and network activities.

Going forward, this social credit score will be used to rank citizens and reward – or punish – them accordingly. Some of the implications include travel bans, exclusion from top schools (for kids of parents with low credit scores) and from certain jobs, slow internet connection, exclusion from hotels, and even registration on a public blacklist.

In development for some time already (reportedly conceived around 2014 in its current form) and set in motion in earnest in late 2018, China’s SCS has already seen millions of Chinese citizens prohibited from travelling, with a reported 1.75 million air ticket purchases, and 5.5 million train ticket purchases denied last year.

While China claims its aim with the SCS is to enhance trust and social stability by creating a “culture of sincerity”, most are less optimistic about the system’s ultimate goal, with many referring to it as an Orwellian Dystopia, and calling it “nightmarish”.

The jury is sure to be out on this one for some time, at least as far as the general public goes. If nothing else conclusive for now, it does go to show the weight social scores – or statuses – can hold.

We are all about empowerment

At pbVerify, we pride ourselves in providing a service that is accessible, easy to use – and above all, beneficial to our customers. Our focus is on empowering our customers every step of the way, by imparting knowledge that enables sound, intelligent financial decisions.

We constantly strive to put the power squarely in the hands of local businesses, to enable them to quickly and comprehensively make informed decisions with regard to the customers they onboard.

To this end, we recently bolstered our TransUnion Business Report with Quick Vet 4 Business (QV4B) – an instant online tool that enables credit vetting decisions in a matter of seconds.

Granting credit to new customers does not need to be a long, complicated process. Read HERE for more on how QV4B can speed up your business’s decision making and credit granting processes, giving you more time to attend to the things that matter most.

For more information or to speak to a pbVerify consultant call 010 300 4898 or email support@pbverify.co.za.

[REFERENCES]

  1. Wikipedia – Social credit system
  2. ABC Australia – China uses social credit surveillance system to ban millions from buying plane and train tickets
  3. Opploans – For people with bad credit, China’s ‘Social Credit’ scores sound like an actual nightmare
  4. Wired – Big Data meets Big Brother as China moves to rate its citizens
  5. Wired – The complicated truth about China’s social credit system
  6. pbVerify Blog – pbVerify bolsters credit risk management portfolio
  7. TransUnion – Quick Vet 4 Business

 

pbVerify bolsters risk management portfolio

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pbVerify qv4b pic

SA’s number one data bureau has added a new TransUnion product to help companies eliminate risk when it comes to choosing who they do business with.

As South Africa’s number one data bureau, pbVerify is constantly striving to put the power of knowledge and sound decision making in the hands of local businesses.

To this end, we have bolstered our TransUnion Business Report with Quick Vet 4 Business (QV4B) – an instant online commercial credit vetting tool that will allow businesses to quickly and comprehensively make informed decisions with regard to the customers they onboard.

The new business score gives businesses an accurate overview in one quick view as to what the status of a potential business or customer is, without them having to go through the lengthy process of investigation and manual vetting. Via just one automated online process, businesses can now identify who the profitable and low-risk customers are, and move swiftly forward.

The latest addition forms part of pbVerify’s expansive range of credit risk management products, which come with a top-notch support system. Businesses can access all Credit Bureau products via one secure, efficient online platform.

“This new score is going to make the decision-making process a lot easier and quicker for our customers, and give them total peace of mind that they have made the right credit decision,” says System admin-support manager Sean Bennett.

Seeding success

Understanding and implementing risk management is absolutely crucial when it comes to the success of your business. In today’s volatile financial milieu, no company can afford to enter business deals with businesses that have questionable financial footing.

Unfortunately, too many honest businesses fall prey to dishonest or irresponsible parties that don’t fulfil their end of the business deal, whether it’s failure to repay a loan, defaulting on payments or being dishonest about credit histories, and this ends up hurting profits, productivity and reputation.

pbVerify takes the risk factor out of your business decisions with its risk management tools. And it couldn’t be easier to sign up. After registering for free, you will have instant access to detailed financial information, credit histories, public trace record information and more. There’s no monthly fee – you only pay per search.

pbVerify offers reports on individuals, companies, closed corporations, consumers and properties in South Africa.

For more information or to get in touch with one of our dedicated pbVerify support agents, go to www.pbverify.co.za.

 

pbVerify renews data protection promise

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Blog picSA’s number one data bureau has renewed its status as an official credit bureau, reinforcing customers’ trust in our services.

We are living in the Information Age, and there is an intense air of nervousness and reluctance when it comes to the sharing of personal information. And rightly so – given the proliferation of data breaches and brazen data misuse by marketing companies across the globe.

As SA’s leading data bureau, pbVerify fully understands these concerns and continually takes decisive measures to address them, ensuring our customers’ data remains private and secure at all times.

To this end, pbVerify recently cemented its status as an official credit bureau in terms of Section 43 of the National Credit Amendment Act, 19 of 2014, serving as a stamp of surety and our promise to you, our customer, that your data is safe with us.

In a nutshell, a credit bureau is as company that holds information on credit-active individuals, and uses that data to advise businesses and consumers as to their credit risks associated with a given application or transaction, using complex algorithms.

pbVerify’s status as an official credit bureau, in line with the National Credit Act, validates the fact that we are a professional business, bound by and compliant with all local and international data policy and privacy policy regulation. It also verifies that we have a failsafe disaster recovery system, so both ourselves as a service provider, and our customers, can have total peace of mind when it comes to the protection of the valuable data we deal with.

You can rest assured, your data – including identity data – is secure with us and will stay with us. We will never trade customer information with another company, nor share it for marketing purposes.

pbVerify offers a range of Credit Risk Management and Credit Check products for businesses and consumers.

For more information on pbVerify’s suite of B2B and B2C products click HERE.

To view pbVerify’s NCR Credit Bureau certificate click here: NCRCB343 Certificate – Valid 2018-2019

What is a Credit Bureau?

To manage credit risk and for the sake of general financial health, it is vital that you have a grasp on your credit history. As a consumer, it is important that you understand your credit score and report, as well as the bodies that compile that information, i.e. credit bureaus.

The National Credit Regulator (NCR) describes a credit bureau as “A company that gathers information and updates each consumer’s credit history. A credit bureau creates a record of a consumer’s credit information indicating how the consumer manages his/her credit.

“The credit bureau supplies these records to credit providers, such as banks, retailers and other credit providing companies. The information indicates each consumer’s payment record. It is also used to detect fraud, corruption or theft.”

What rights do I have?

When it comes to the accessing of credit history by a credit provider, you have the right:

  1. To be informed that the credit provider intends to report negative information on you to a credit bureau before the credit provider actually reports you.
  2. To receive a copy of your credit record from a credit bureau when you request it.
  3. To challenge information kept by the credit bureau if you are unhappy with the information.
  4. For your information to be kept confidential, and for your information to be used only for purposes allowed by the National Credit Act.

Click HERE to learn more about credit bureaus and the National Credit Act.

 

REFERENCES 

  1. National Credit Regulator – National Credit Act pamphlet
  2. Fin24 – Five massive data breaches affecting South Africans
  3. Business Live – All your personal information is up for sale to debt counsellors for 55c

Introducing our new self-service support hub for API customers

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API integrationpbVerify has created an API development portal with tools that could help save days in developing time.

In our ongoing quest to optimise business operations, fine-tune digital processes and, ultimately, make our customers’ lives easier, pbVerify has added a developer’s portal for our API customers.

An easy-to-use set of tools for developers, the API Development Portal offers a library of API integration documents and general information, as well as means to test each of the API services we offer.

The new API developer’s portal allows all pbVerify API clients with valid account credentials, to access our user-friendly Swagger interface for all RESTful  Web services.

The main function of the interface is to allow API customers to test the RESTful/JSON services they have access to, giving developers access to online documentation and an instant understanding of how to integrate, and to see the JSON responses and payloads they will get from each  Web service. Using pbVerify’s new Development Portal, customers can now:

  1. Test RESTfull/JSON services live with built-in testing tool per API call.
  2. Import all RESTful/JSON services into postman with pbVerify’s Swagger file.
  3. View all extended Web services documentation.
  4. View Terms and Conditions.
  5. Directly contact Development support.

The face of pbVerify’s  Service-oriented Architecture (SOA) program, the API Development Portal aims to provide a top-class developer experience for our Web services.

NOTE: API tools are currently only available for REST/JSON services. Certain pbVerify products, such as Consumer Credit Check and Bank Code Verification are still in our SOAP service. Documentation for these will need to be obtained from pbVerify’s support service.