Research, education, standards and public registers for South Africa’s private-lending market.
Private Lending Associationof South Africa

The Association

Complaints and review

How to raise a complaint about a listed organisation or practitioner, how to correct something published here — and an honest account of what the Association can and cannot do, with the bodies that hold the powers it does not.

Make a complaint

Start by choosing who the complaint is about. The form then shows what the Association actually records about that organisation or person, and what it can and cannot do in their case, before you write anything.

The rest of the form appears once you choose, and changes to match — what the Association can do about a listed organisation is not what it can do about a stranger.

What happens next

StageStandard
AcknowledgementWithin 3 business days, with a reference and a named handler
Put to the subjectWhere the subject is listed, they are asked to respond in writing
Substantive responseWithin 20 business days, with reasons. Longer only where the Association says so and explains why
Outcome recordedOn the register entry where a listing changes, and in the complaints record
AppealWithin 20 business days of the decision, to the Independent Reviewer once appointed
Retention5 years, then deleted

What the Association can do

  • Record your complaint and acknowledge it.
  • Ask a listed organisation or practitioner for an explanation.
  • Correct, change or withdraw a listing, and publish that it has changed.
  • Correct anything inaccurate on this website.
  • Publish general warnings about patterns it sees repeatedly.
  • Tell you which body has the power to act, and what that body will need from you.

What it can do depends on the relationship

The Association can only act on the relationship it actually has with the subject. A complaint about an organisation that merely holds a free listing cannot end a membership it does not hold, or withdraw a verification it was never granted. The table sets out what is available in each case.

If the subject isWhat the Association may do
A Listed OrganisationReview, correct, suspend or archive the listing. It cannot revoke membership or verification that the organisation does not hold.
An Individual MemberInvestigate a possible breach of the code of conduct and take membership disciplinary action — warning, corrective action, suspension, termination, withdrawal of the member mark, and a factual public status update where justified.
An Organisation MemberInvestigate a possible breach of the organisational provisions of the code and take the same range of membership disciplinary action.
A Verified PractitionerReview continued compliance with the verification standard, and impose corrective action, suspend or withdraw the verification.
A Verified OrganisationReview continued compliance, and impose corrective action, suspend or withdraw the verification.

Where somebody holds more than one status, a single complaint may start more than one process — but the outcomes stay separate. Losing a membership is not losing a verification, and withdrawing a verification does not remove a listing.

A person or organisation who holds a verification without being a member is still bound, through the verification agreement, by the applicable conduct, complaints and enforcement provisions. Nobody is outside the process because they declined to join.

A complaint is evidence, not a finding

A complaint is something to be assessed. It is not proof of misconduct, it does not by itself change anybody’s status, and the subject is told what is alleged and given an opportunity to answer before any decision is taken.

What it cannot do

  • Recover money, order compensation or reverse a transaction.
  • Fine, sanction, licence or deregister anyone.
  • Compel evidence or testimony.
  • Give you legal advice, or act for you.
  • Decide a dispute between you and another party.

The Private Lending Association of South Africa is a voluntary industry association. It is not a regulator, a government body or a financial services provider.

How to raise a complaint

  1. Complain to the organisation first, in writing, and keep the reply. Most complaints are resolved at this stage, and every body below will ask whether you did it.
  2. Use the form above. It asks for what the Association needs — who the complaint is about, what happened and when, what you were told and by whom, what you have already done, and what you would like to happen — and gives you a reference the moment it is recorded. If you would rather write, send the same information to complaints@privatelendingassociation.co.za; it is handled identically.
  3. Attach what you have — the agreement, the marketing material, the messages. A complaint with documents can be acted on; one without usually cannot.
  4. You will get an acknowledgement with what the Association intends to do and what it cannot do. Where a listing is affected, the record is updated and the change is visible.

Where the Association cannot judge its own case

The complaints process is run by the editor. Until an Independent Reviewer is appointed — see governance — a complaint involving the editor, a founding member or a partner is recorded and published rather than adjudicated, because it would not be credible for the editor to decide it.

Bodies that can act

If your complaint concernsTake it to
A credit provider, a credit agreement or reckless lendingNational Credit Regulator
Financial advice, or the conduct of a financial services providerFinancial Sector Conduct Authority
Advice or intermediary conduct where you were the client of a financial services providerFAIS Ombud
An entity that appears to be taking deposits from the public unlawfullySouth African Reserve Bank
Misuse of your personal informationInformation Regulator (South Africa)
Suspected fraud or theftSouth African Police Service

If the arrangement is offshore

None of the bodies above has jurisdiction. The National Credit Act does not reach an offshore issuer, the Financial Sector Conduct Authority does not license one, and there is no South African ombud to approach. Your recourse is whatever the governing law of that instrument provides, in whatever country it names — which is a materially different proposition from a claim brought here, and one worth establishing before committing capital rather than after.

Where a South African intermediary advised you into an offshore arrangement, their conduct is still a South African matter and the two rows above still apply. The instrument is offshore; the advice was not.

Corrections to this website

Corrections go to editor@privatelendingassociation.co.za and are treated as a normal part of publishing rather than an embarrassment. The editorial policy sets out how they are handled and what is noted on the page.

Common questions

Can the Association get my money back?
No. The Association has no statutory powers. It cannot order redress, fine anyone, compel evidence or freeze anything. What it can do is record a complaint, ask the organisation or practitioner for an explanation, correct or withdraw a listing, and tell you which body does have the power to act on your particular problem.
Where do I report a suspected scam?
If money has been taken or you believe a crime has been committed, report it to the South African Police Service. If the arrangement involves a credit provider, the National Credit Regulator; if it involves financial advice or a financial product, the Financial Sector Conduct Authority; if an entity appears to be taking deposits from the public without a licence, the South African Reserve Bank. Reporting to the Association as well is useful — it lets a warning be published — but it is not a substitute for any of those.
Something on this website is wrong. How do I get it fixed?
Write to the editor with the page and the issue. Material errors are corrected promptly, noted on the page, and the review date is updated. Minor errors are fixed without a note. Where a point is genuinely arguable, the page is amended to say so rather than to pick a side.
Educational, not advice

This page explains how something works. It is not financial, legal or tax advice, it takes no account of your circumstances, and nothing here is a recommendation to lend. Private lending places capital at risk.