The plaintiff concluded that the defendant had inadequate income to qualify for such a loan but offered to extend to her a bond in the amount of R490 000.
She acknowledged that she knew that the only purpose for the letter was to convince the plaintiff to grant a bond. .
26 During her evidence, however, she referred to two resolutions taken by roha, the first in November 2003 reads in identical terms to the resolution allegedly taken by the.O.P.E Foundation in June 2007 which I have set out earlier. .Rental Agreement We wish to confirm that a rental agreement exists between Ms Adelle Potgieter and The.O.P.E Foundation for the rental of an office situated at Ms Potgieters residence.I should be able to put down R500,000-00 on the new property.She advised too that the non-profit organisations would hire office space from her on the property at an agreed rental thereby providing additional income. .Public Holidays, new Year's Day 01 January, sunday, public Holiday 02 January, monday.
On the defendant responded acknowledging receipt of both the email and the registered letter and indicating that she had received the registered letter on e expressed her intention to apply for debt review. .
The requirements of section 81(2) is that a credit provider should take reasonable steps to assess the proposed consumers general understanding and appreciation of the risks and costs of the proposed credit and of the rights and obligations of the consumer under the credit agreement. .
The letter records: RE: confirmation OF employment: .Y potgieter This letter serves to confirm that Ms Adelle.In respect of Mr Fourie Ms de Klerk testified that Mr Fouries function related to collections and that he did not fall in the same hierarchy as she does.76 As alluded to earlier the replication followed two days after the filing of a further special plea which introduced new averments relating to the basis upon which it was contended that the credit was extended recklessly by the plaintiff and particularly that the effect.The income which the defendant represented to the plaintiff and supported by the letters to which I have referred earlier amounts to R25 500 made up as follows: Salary roha R 1 500 Salary.O.P.E Foundation R12 000 Rental from.O.P.E Foundation R 3 600 Sales to Africa React.43 Whether or not a credit grantor has taken the required reasonable steps to meet its assessment obligations is to be determined objectively on the facts and circumstances of any given case (see Horwood v Firstrand Bank Limited 2011 zagpjhc 121 (21 September 2011) para.Mr Beyleveld, however, drew attention to the fact that the letters in question were in fact discovered velkomstbonus unibet by the defendant and that the letters were accordingly at all times in her possession. .