Data-retention periods for credit bureau information


The National Credit Act prescribes the maximum periods for which consumer credit information may be recorded on the consumer’s credit record. Regulation 17(1) of the National Credit Act sets the maximum periods for the retention of credit bureau information as follows:

Categories of consumer credit information

Description

Maximum period

1.     Details and results of disputed lodged by consumers Number and nature of complaints lodged and whether complaint was rejected. No information may be displayed on complaints that were upheld. 6 months
2.     Enquiries Number of enquiries made on a consumer’s record, including the name of the entity/person who made the enquiry and a contact person if available 1 year
3.     Payment profile Factual information pertaining to the payment profile of the consumer 5 years
4.     Adverse classifications of consumer behaviour Subjective classifications of consumer behaviour 1 year or within fourteen business days after settlement by the consumer
5.     Adverse classifications of enforcement action Classification related to enforcement action taken by the credit provider 1 years or within fourteen business days after settlement by the consumer
6.     Debt restructuring As per section 86 of the Act, an order given by the Court or Tribunal Within the period prescribed in section 71(1) of the Act or until a clearance certificate is issued
7.     Civil-court judgments Civil-court judgments including default judgment The earlier of 5 years or until the judgment is rescinded by a court or abandoned by the credit provider in terms of section 86 of the Magistrates’ Courts Act 32 of 1944 or within the period prescribed in section 71A of the Act
8.     Administration orders As per the court order 5 years
9.     Sequestration order As per the court order 5 years or until the rehabilitation order is granted
10.   Rehabilitation Order As per the court order 5 years
11.   Maintenance judgments in terms of the Maintenance Act 99 of 1998 As per the court judgment Until the judgment is rescinded by court

Adverse classifications of consumer behaviour are subjective and include such classifications as “delinquent”, “default”, “slow paying”, “absconded” or “not contactable”. Adverse classifications of enforcement action are classifications related to enforcement action taken by the credit provider, including such classifications as “legal action” or “write-off”. “Payment profile refers to the consumer’s payment history in respect of a particular transaction.”

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