Update: US Law Clinic & others / National Credit Regulator & others

Update: US Law Clinic & others / National Credit Regulator & others

On 13 December 2019 the Western Cape High Court issued its landmark judgment in favor of the applicants, the effect being that all amounts (including legal fees) that accrue against the debtor during the time that they are in default, are limited to the arrears debt at the time of default. Leave to appeal the judgment has been requested by one of the respondents, Bayport. The Clinic has allocated many of its resources to the institution of the pending class action to give effect to the terms of the judgment. We are currently consulting with our legal team to consider our options in the light of the appeal.

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Please take notice that a class action will be instituted in the Western Cape Division of the High Court of South Africa against the companies and individuals listed below:

  1. Lifestyle Direct Group International (Pty) Ltd
  2. Capital Lifestyle Solutions (Pty) Ltd t/a Lifestyle Legal
  3. Loan Tracker SA (Pty) Ltd
  4. Loan Spotter SA (Pty) Ltd
  5. Loan Match SA (Pty) Ltd
  6. Loan Choice SA (Pty) Ltd
  7. Loan Quest SA (Pty) Ltd
  8. Loan Connector SA (Pty) Ltd
  9. Loan Hub SA (Pty) Ltd
  10. Loan Zone SA (Pty) Ltd
  11. Loan Locator SA (Pty) Ltd
  12. Loan Scout SA (Pty) Ltd
  13. Loan Tracer SA (Pty) Ltd
  14. Loan Detector SA (Pty) Ltd
  15. Lifestyle Legal (Pty) Ltd
  16. Lifestyle Attorneys (Pty) Ltd
  17. All Wheel Auto (Pty) Ltd
  18. Damian Malander
  19. Nandie Paich

Please take notice further that the class action will be brought on behalf of the following class:

“All persons who have had any monies debited from their bank accounts and/or who have been harassed and threatened in connection with any demand for or collection of payment by any of the respondents at any time from 20 May 2015 to date on the basis of them having concluded purported agreements with any of the respondents through any of the websites listed below:

Should you wish not to be a member of the class you may opt out of the class by notifying the class action attorneys of record, the Stellenbosch University Law Clinic, of your choice to so opt out by no later than Monday 30 October 2023.

The Stellenbosch University Law Clinic can be contacted at:

18 – 24 Crozier Street
Stellenbosch
Telephone: (021) 808 3600
Email: rhkadmin@sun.ac.za

Electronic copies of the Court’s order certifying the class action and the particulars of claim therein shall be available on the Stellenbosch University Law Clinic’s webpage – https://www.sulawclinic.co.za

You may contact the Stellenbosch University Law Clinic through the details provided above should you wish to obtain more information about the class action.