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10 Day Notice Letter for South Africa

10 Day Notice Letter Template for South Africa

A statutory notice required under Section 129 of the South African National Credit Act 34 of 2005, serving as a formal notification to a defaulting debtor. This document must be issued before any legal enforcement action can be taken on a credit agreement. It provides the debtor with a 10-day period to respond and outlines options including debt counselling, dispute resolution, or payment arrangements. The notice must contain specific information about the default, amount owing, and the debtor's rights under South African law.

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10 Day Notice Letter

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What is a 10 Day Notice Letter?

The 10 Day Notice Letter is a crucial document in South African credit law, mandated by Section 129 of the National Credit Act 34 of 2005. It serves as a prerequisite step before any legal enforcement action can be taken against a defaulting debtor. The notice must be issued when a consumer defaults on a credit agreement and provides them with a 10-day window to respond. The document must contain specific details about the default, the amount in arrears, and clearly outline the consumer's rights and options, including seeking debt counselling or disputing the default. This notice forms part of South Africa's consumer protection framework and aims to promote fair dealing in credit matters while giving consumers an opportunity to remedy defaults before legal action commences.

What sections should be included in a 10 Day Notice Letter?

1. Letterhead and Date: Official letterhead of the creditor/attorney with full contact details and current date

2. Recipient Details: Full name and address of the debtor, including account/reference numbers

3. Subject Line: Clear indication that this is a Section 129 Notice in terms of the National Credit Act

4. Debt Details: Specific details of the credit agreement, including original loan amount, current outstanding amount, and nature of the default

5. Default Notification: Clear statement of the breach/default and when it occurred

6. Payment Demand: Specific amount required to remedy the default and payment details

7. Legal Rights and Options: Statement of the consumer's rights under Section 129, including debt counselling options

8. Response Period: Clear statement of the 10-day response period and consequences of non-response

9. Signature Block: Proper signature section with name and capacity of the sender

What sections are optional to include in a 10 Day Notice Letter?

1. History of Prior Communications: Include when there have been previous attempts to resolve the matter

2. Settlement Offer: Optional section proposing settlement terms if the creditor is willing to negotiate

3. Surety Notice: Required only if there are sureties who need to be notified of the default

4. Legal Costs Warning: Optional section detailing potential legal costs if matter proceeds to litigation

5. Alternative Contact Methods: Include when multiple contact methods are available for the debtor's response

What schedules should be included in a 10 Day Notice Letter?

1. Statement of Account: Detailed breakdown of the outstanding amount, including interest calculations

2. Copy of Credit Agreement: Copy of the original signed credit agreement being enforced

3. Payment History: Record of payments made and missed payments

4. Debt Counsellor Contacts: List of registered debt counsellors in the debtor's area

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

South Africa

Document Type

Eviction Notice

Cost

Free to use
Relevant legal definitions




















Clauses















Relevant Industries

Banking and Financial Services

Retail

Real Estate

Automotive Finance

Telecommunications

Insurance

Consumer Credit

Microfinance

Asset Finance

Commercial Lending

Relevant Teams

Legal

Collections

Credit Control

Compliance

Risk Management

Customer Relations

Account Management

Debt Recovery

Consumer Affairs

Administrative Support

Relevant Roles

Credit Manager

Collections Officer

Legal Counsel

Compliance Officer

Risk Manager

Account Manager

Debt Recovery Specialist

Credit Controller

Financial Manager

Legal Administrator

Consumer Rights Officer

Credit Risk Analyst

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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