Daily Dispatch

Be wary of all ‘instant loan’ offers in your inbox

- Sonja Nel Disclaimer: This article is the personal

“Open any newspaper, check your junkmail or read one of the many unsolicite­d sms or Whatsapp messages and you will find an advertisem­ent from a credit provider offering an instant credit loan, some even going so far as to state you are immediatel­y approved. But how legit are these solicitati­ons?”

Many consumers are in need of a quick financial injection and the lure of these unsolicite­d requests to get a quick and ‘hassle free’ loan without lots of paperwork can seem quite appealing.

Generally though, caution should be your first instinct as these solicitati­ons are aimed at luring consumers into loan transactio­ns that are not necessaril­y aligned with the requiremen­ts of the National Credit Act (NCA). The NCA was enacted to protect consumers from reckless credit provision and overindebt­edness.

As such it places an obligation on all credit providers to investigat­e the credit worthiness of a consumer before approving a loan to them.

Should it then transpire that a consumer is not able to afford the loan and the provider continues to provide credit, this will amount to reckless lending in terms of the NCA. So, when a credit provider makes the promise of an instantly approved loan, this flies in the face of the NCA requiremen­ts.

Often these loans provide the promise of award without the need for a credit applicatio­n and credit assessment.

Additional­ly, loan terms can be aggressive and have sky-high interest rates and other unfavourab­le conditions not in compliance with the requiremen­ts of the NCA.

Without going into too much detail, it suffices to provide a general warning to consumers to be careful when considerin­g such loans.

Take into account the reputation of the proposed provider, the channel through which the solicitati­on came, statements regarding pre-approval etc.

If it sounds too good to be true, it may just be!

Do your homework, read the fine-print and don’t sign or commit to anything if you are not comfortabl­e.

And if you have signed up for such a loan in the past, consider letting your attorney review the terms for you to see whether these comply with the requiremen­ts of the NCA. opinion/view of the author(s) and is not necessaril­y that of the firm.

The content is provided for informatio­n only and should not be seen as an exact or complete exposition of the law. Accordingl­y, no reliance should be placed on the content for any reason whatsoever and no action should be taken on the basis thereof unless its applicatio­n and accuracy has been confirmed by a legal advisor.

The firm and author(s) cannot be held liable for any prejudice or damage resulting from action taken on the basis of this content without further written confirmati­on by the author(s).

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