Monday, July 18, 2011

REPERCUSSIONS OF IRRESPONSIBLE BLACKLISTING

Fortunately 80% of South African tenants are considered to be in good standing. By default then 20% or 1 in 5 are less desirable and in fact 10% are non-payers.

Predictably most landlords and property managers choose to list a default against their delinquent tenant’s credit profile. But as the TPN system prompts to remind, there is a mandatory processes to follow prior to loading a default; the tenant must be given 20 business days notice prior to the listing.

Noncompliance of this National Credit Act regulation can have expensive repercussions, as a credit provider recently learnt.

Insert taken from Law.News

A recent High Court case illustrates just one of the dangers of not complying. The Court awarded R50.000 in damages for defamation to an advocate whose reputation and ability to obtain credit were adversely affected by an incorrect listing with a credit bureau. He had been wrongly listed as having been "handed over" for a claim which was in fact disputed. Despite a warning from the advocate not to list him, the creditor proceeded to do so without advising him - he only learnt of the negative credit listing when a bank declined his application for an overdraft.

What are the regulations prior to listing a default on the credit bureau:
• The information must be accurate, up-to-date, relevant, complete, valid and not duplicated
• The landlord or property manager must give the tenant at least 20 business days notice of their intention to submit default information

2 comments:

  1. How many business days in a week - 5 or 6? These things could be made much simpler if regulations specified calendar days eg 28

    ReplyDelete
  2. The above story is interesting. I have had the same situation, where a registered client of TPN has initially black listed me 4 days earlier than the 20 business days given, then been told to remove me from being blacklisted. I then subsequently disputed the listing and I was then blacklisted a second time with no notice on the system that the listing being disputed. I was then declined finance. I believe this is an abuse of the system, as well as members of the public freely being able to supply fraudulent information trying to earn money out of members of the public. If a landlord is in breach of a lease, a tenant has the same rights to cancel a lease without being charged penalties. A landlord cannot access a rented property without permission on a continuous basis, nor expect a tenant to stay on a property that is still occupied by previous dwellers. I believe it is defamation to blacklist someone and I intend on taking severe legal action.

    ReplyDelete