A Letter of Demand: The Intent and Purpose
What is the purpose of a letter of demand? And what is the intent of the sender? The judicial nature versus the practical application of a letter of demand is discussed in the Journal for Juridical Science1. “The primary purpose of addressing a letter of demand …is to...
Effective Notification Channels for the Termination of Debt Review
According to section 86(1) of the NCA, an over-indebted consumer may apply for debt review.1 Where a consumer has applied for debt review in terms of section 86(1), a credit provider who seeks to enforce a credit agreement may terminate the debt review in accordance...
Tools for the Lockdown #83: Complying with the CCMA Directives During The Covid-19 Lockdown
The CCMA issued an Urgent Directive In Respect Of Access To The Commission For Conciliation, Mediation And Arbitration on 8 May 2020 in line with the Disaster Management Act. The directives are for all companies is basically, to go digital. For example, when referring...
Tools for the Lockdown #109: How to Obtain Consent
Why you should obtain consent for electronic transmission of notices NOW. In the current environment, all your services providers are going to battle to get ongoing notices delivered to your Customers. Some of these may just be ‘FYI’- type notices, while...
5 Reasons to use Registered Email and Registered SMS for Substituted Service in the High Court
1. Legal Acceptance The High Court of Pretoria (case 83408/2016) recently accepted both Registered Email and Registered SMS as suitable document distribution channels. The particular matter involved an Order of the Court authorizing the Applicant to serve notices for...
School Fees Collections: Sending A Section 41 Notification via Registered Email
A school can hand over school fees for collection to an attorney, provided that certain steps have been taken before this stage. Schools that do not follow the correct procedures, which include providing the relevant information to parents regarding fee exemption, are...
How To Obtain Explicit Consent For POPIA
POPIA Winter is coming. This is a big challenge for companies in South Africa. It’s not quite the threat that the white walkers pose in Game of Thrones, but it does keep whole compliance departments awake at night. In order for a company to communicate with its’...
9 Paper Notifications That Are Going Digital
Formal notifications that require proof of delivery and/or acknowledgement of receipt can now be registered digitally and delivered “in writing”1 to the recipient. Here are some traditionally paper-based notifications that can be sent via Registered digital channels:...
Debt Collection: The Top 3 Things Keeping the Industry Awake at Night
Over the past month I have been fortunate to have been involved in various different nation-wide roadshows aimed at the greater Debt Collection industry, and despite the recent VAT increases, fuel hikes, and exchange rate debacles, here are the top 3 things,...
POPIA: Lessons Learnt From GDPR
While there was a lot of press relating to the GDPR deadline on 25 May 2018, and what companies should be doing as last-minute remediation exercises, South African companies should certainly be watching closely, as these regulations are already appearing in the POPIA...
The Challenge Of Engaging Customers And Complying With PPR
The Policyholder Protection Rules (PPR) have a huge impact on the way the insurance industry treats its’ customers. One of the areas most affected is communication with policyholders. To complicate matters, as the rules are changing with new legislation, so are the...
GDPR Compliance: How To Obtain Explicit Customer Permissions
The General Data Protection Regulation (GDPR) is a European privacy law that was first adopted in 2016, and now becomes enforceable on 25 May 2018. The GDPR aims to give control to citizens and residents over their personal data and to simplify the regulatory...