Some tips on credit application forms (FAQ)

1. If you have the words Usury Act in your credit application form, change them to National Credit Act
2. Do you have the clause in which allows you to do credit verifications and in the event of non-payment it would allow you to black list etc., if so, send an email to hweyers@mcvandyk.co.za
3. Did you know that in 2000 the courts originally said that you can no longer have a clause in your credit application form committing your debtor to personal surety in his private capacity?
4. If your form contains the words, "domicilium citandi et executandi" you need to either replace these words or add to them, (place where notices are to be served). We can no longer use fancy Latin terms, everything must now be in plain and understandable language. The days of trying to impress with fancy legalese are over. If you have a Latin term in your form, try using Google to get a general translation.
5. My debtor refused to sign the personal surety form? That's his right, he / she may refuse because if he / she signs and the company doesn't honour its obligations, then he / she would become personally liable for the debt. You also have the right not to accept him / her as your client if he / she doesn't sign, it all comes down to risk management. You need to decide if you want to take the risk of extending him / her credit. A sale is not a sale, until the money is in the bank.
   You can always minimise your risk of doing business by knowing who your client is and in this regard, you can email mechelle@mcvandyk.co.za for more information in this regard
6. Should you have any queries regarding the above, please feel free to contact Henry Weyers at hweyers@mcvandyk.co.za