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Shaie Zindel
Shaie Zindel, Attorney
Category: South Africa Law
Satisfied Customers: 1185
Experience:  All areas of commercial and contract Law - specialist in property advice.
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We have clients who do not pay for their orders (usually about

Resolved Question:

We have clients who do not pay for their orders (usually about R695.00) although they agree to pay in the online order forms.

We send them payment requests and about 3 reminders.

We would like to warn these clients in the 3rd and last reminder that if they don't pay in 3 days, we will publish their name/non-payment details on a blacklist on the Internet - a page that we will set up.

Please advise legality, etc of this.

We are hoping once their name and details are on the list, they will hastily pay in order to have their name removed.
Submitted: 11 months ago.
Category: South Africa Law
Expert:  WCLawyer replied 11 months ago.
Good day.

According to the National Credit Act, you can only put up a page as you contemplate if you register with the National Credit Regulator as a Credit Bureau. So, if you do this, you would be in contravention of the National Credit Act and may be liable for penalties.

I suggest that you rather list your clients that does not pay with an already registered credit bureau, such as Transunion ITC or Experian.

I hope this answers your question, but if you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively. I do not get anything unless you rate the service
Customer: replied 11 months ago.

Thank you.


 


Please give the section in the Act which would prevent me from putting up such a page.

Customer: replied 11 months ago.
Relist: Inaccurate answer.
The lawyer stated that I must first register as a credit bureau before I can put up an Internet page of non-payers to my company.

But section 43 of the NCA applies only if I want to charge the public for reports of others' credit histories!

This is clearly not what I asked about or what I would like to do.
Expert:  Shaie Zindel replied 11 months ago.

Good Evening - Can I make a simpler suggestion: Why don't you just include a clause in your order forms, online, everywhere you do business that orders made and not paid for within X amount of time will result in the name of the person who made the order being referred to the various Credit Bureau as a non-payer. You're not saying they have judgements and you can easily prove that what you have listed is 100% correct and accurate and most importantly the truth and this way it can never be defamatory. Also by using another entities website I believe you may be able to avoid the registration requirements set out by your attorney. Perhaps he is concerned that by listing people you are acting as a collection agent but because you are only collecting your own debt and not that of 3rd parties I feel like you should be exempt from any such requirements if there are any - I don't think there actually are. Finally if a particular customer does go mad you can always remove the listing as the person who placed it? That would be my suggestion? Let me know what you think and please remember to rate my service so far. Regards

Customer: replied 11 months ago.

Kindly answer my initial query:


 


"Please advise legality, etc of this."


 


i.e. the legality of "we will publish their name/non-payment details on a blacklist on the Internet - a page that we will set up."

Expert:  Shaie Zindel replied 11 months ago.
I don't think it's a problem.
Customer: replied 11 months ago.

What about it being defamatory?

Expert:  Shaie Zindel replied 11 months ago.
It is always a defence to a claim of defamation that what was published is either true or in the public interest - in your case it is true and in the public interest so I don't think a claim for defamation could succeed.
Shaie Zindel, Attorney
Category: South Africa Law
Satisfied Customers: 1185
Experience: All areas of commercial and contract Law - specialist in property advice.
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