National Consumer Tribunal Annual Report 2011/12 National Consumer Tribunal 2011-12 | Page 34

Adjudication (continued)
The completed non-consent applications and referrals that were received during the year fall into
the following categories:
Interim relief (Section 149(1) of the NCA)
Whilst the complaint is being investigated by the Regulator, or before or during a hearing of a
complaint, the complainant may be in need of urgent relief. In this case, he or she may apply for
urgent relief (known as interim relief) to the Tribunal. For any person to apply for interim relief, he
or she must already have filed a complaint with the Regulator.
Review of sale of goods (Section 128 of the NCA)
If consumers are having difficulty paying for goods they have purchased on credit, they can
cancel the contract and hand the goods back to the credit provider. If they are in default, the credit
provider can cancel the contract and can follow the steps set out in the NCA to reclaim the goods.
Once the credit provider has the goods in its possession, whether these goods were surrendered
by the consumer or repossessed, the credit provider must sell the goods within a reasonable
time and for the best possible price. The price the credit provider receives is used to pay off the
consumer’s debt. If the consumer is unhappy with the sale of the goods, the consumer must first
attempt to resolve the issue with the credit provider directly. If the attempts to resolve the matter
are unsuccessful, the consumer may approach the Tribunal to review the sale. The Tribunal
may decide that the credit provider did not sell the goods within a reasonable time or at the best
possible price and in such a case, the Tribunal may order that the credit provider to credit and/or
pay an additional amount to the consumer.
Review of and objection to compliance notices issued by the Regulator (Sections 56(1) and 59(1)
of the NCA)
Credit bureaux, credit providers and debt counsellors (collectively referred to as “registrants”)
must be registered as such with the Regulator.
The Regulator may be of the opinion that:
•
•
•
A specific entity is partaking in activities which requires registration, without being registered;
or
A registrant is engaging in activities which are prohibited or not allowed by the NCA; or
A registrant has either not obeyed the provisions of the NCA or the conditions of his or her
registration.
The Regulator will then issue a compliance notice in which the registrant will be advised what he
or she has to do, or what he or she may not do.
A registrant may disagree with the Regulator and be dissatisfied with the compliance notice
issued. Such a registrant may apply to the Tribunal to review the compliance notice issued and
have it set aside. The Tribunal will review the compliance notice and may either confirm, set aside
or amend the compliance notice.
Cancellation of registration (Section 57(1) of the NCA )
The Regulator may apply to the Tribunal to cancel the registration of a registrant in cases where
a registrant:
Annual Report 2011
page 32 | national consumer tribunal