The Credit Information Department had a total of 851 disputes opened this year, an increase of 1,07% when compared to the same time last year.
We have seen a trend where more consumers log disputes about so-called “no-fault default” listings in the past few months. No-fault defaults refer to a specific jurisdiction of the CO in instances where the consumers default through no fault of their own, as a result of unforeseen circumstances or events happening. These consumers subsequently rehabilitate themselves, and the debts are paid in full, but the listings reflect negatively on their profiles.
No-fault default disputes tend to be tricky complaints to deal with, as it has to be proved that the consumer could not have controlled the circumstances that led to the listing. There is a set list of requirements that a consumer has to comply with, before this office can assist a consumer with such a listing. In order to avoid instances where consumers are listed through no fault of their own, the following questions need answering:
- Was there intentional and/or negligent conduct on the part of the consumer, which caused the default listing?
- Does the consumer’s payment behaviour show an intention to honour his or her debts?
- Did the consumer take the necessary steps required to avoid the listing?
- Has the consumer made bona fide attempts to rehabilitate him- or herself since the default?