AOD Rules and Regulations

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Acknowledgment of Debt Application required documents

Certified 1 Month bank statement (Person responsible for the outstanding


fees)

Certified I.D copy of the bank account holder (Person responsible for the
outstanding fees)

Certified I.D copy of the student

Salary slip (if employed)

Affidavit of informal income (if unemployed)

IMPORTANT NOTICE:
Please skip the ‘RealPay Mandate’ option.

It will be emailed to you by our Financial Officers requesting your signature.

You will then return the signed form to the Financial Officer.
Acknowledgement of Debt

Rules and Regulations

1 Calculation of the Principal Debt

The Principal Debt is calculated as follows:

1.1 Outstanding tuition fees for 2015

1.2 Outstanding student accommodation fees for 2015:

1.3 Calculation of interest

Interest will be calculated at an annual finance charge rate of 9 % and the total of which
is have been included in the monthly instalments.

3 Default by the Debtor

If the Debtor fails to pay any instalments or payment due, the Creditor may:

3.1 regard the unpaid balance of the Principal Debt and interest owing on it as immediately
due and payable. The Creditor may institute legal action for the recovery of entire
outstanding amount due including legal costs on the scale as between attorney and own
client, collection commission and mora interest calculated at 15.5 % per annum in any
competent court without further notice or demand to the Debtor; and

3.2 block the student’s access card and block the student’s access to the student portal; and

3.3 withhold examination results or diplomas/degrees; and

3.4 cancel registration of the Student and the Debtor shall remain liable for payment of the
Debt as set out above; and

3.5 refuse future or further registration of the Student if the previous year’s fees have not been
paid in full; and

3.6 refuse to issue a certificate of conduct; and

3.7 record your payment history with any Credit Bureau.

4. Renouncing of benefits of defenses


The Debtor expressly renounces the benefits of:

4.1 the non causa debiti (Defense used by a Debtor that there is no reason for the obligation
to pay the Principle Debt);

4.2 the errore calculi (Defense which can be taken by the Debtor relating to errors in
calculation of the Principal Debt or interest);

4.3 the revision of accounts (Defense which can be taken by the Debtor relating to an
amendment of an account. This is relevant where the obligation relates to the settlement of
account);

4.4 no value recorded; and

4.5 if there is more than one debtor:

 the de duobus vel pluribus reis debendi (Benefit by a co-debtor or surety that
entitles the Creditor to recover the Principal Debt from the co-debtor’s surety,
before requiring the Debtor to pay); or
 the ordinis seu excussionis (Benefit of order or of excussion. Defense raised by a
surety when sued by the Creditor that the principal debtor must be claimed from
first); or
 beneficium divisionis (Benefit of division. Defense raised by two or more sureties
of the same debt that they each be liable only for their proportionate share).
5 Jurisdiction

The Debtor agrees to the jurisdiction of the Magistrate’s Court in terms of section 45 of
Magistrates’ Court Act 32 of 1944 for the recovery of any amount due in terms of this agreement.

6 Act of insolvency

If the Debtor becomes insolvent or commits an act of insolvency (or if the Debtor is a company
or close corporation, is liquidation) the entire amount still outstanding in terms of this Agreement
will become due and payable immediately.

7 Cession or pledge

The Creditor may cede or pledge his interests and rights in terms of this Agreement to another
party and may also trade with them.

7.1 The Creditor can do this without the Debtor’s consent, unless it would be to the Debtor’s
detriment.

7.2 The Creditor may discharge or release any security partly or in full in his own interest
without the consent of the Debtor.

7.3 He or she may also consent to any alteration, release, relaxation or postponement of the
terms of the Agreement.
7.4 All the above actions will not be binding on the Creditor unless he or she has indicated in
writing that the action will be binding.

8 Allocation of payments

The Creditor may allocate any payment to capital, interest, costs or any other item as he deems
fit despite any allocation made or deemed to be made by the Debtor.

9 Certificate of amount owing

Any certificate issued under the signature of the Creditor or his or her authorized agent that serves
to certify the amount due for this Agreement will be accepted as prima facie (at face value) proof
of the indebtedness.

9.1 This certificate will be sufficient to allow the Creditor to obtain summary judgment or
provisional sentence against the Debtor in any competent court for the amount stated in the
certificate.

9.2 The Debtor accepts that he or she must disprove that the amount on the certificate is not
the amount he or she owes.

10 Withholding and deferral of payment

The Debtor may not withhold or defer payment stipulated in this acknowledgement of debt.

11 More than one Debtor

If there is more than one Debtor, each Debtor accepts that he or she is jointly and severally liable
for payment of the amount owing in terms of this Agreement. This means that the Creditor may
at all times proceed with collection and excursion proceedings against the debtor of his or her
choice.

12 Early settlement

The Debtor may pay any portion of the Principal Debt and finance charges before the due date
without negatively impacting on any right he or she may have in terms of this Agreement.

13 General

13.1 The Debtor undertake to notify the UJ in writing of any changes in any of the above
particulars within 30 days of the date of any change to the information set out above.

13.2 The Debtor hereby undertake to inform UJ or its Attorneys, as the case may be, on a
six-month’ basis after signature of this Acknowledgement of Debt of any change in his/her
financial circumstances, which will include my income, expenditure, assets and liabilities, to
determine an increase in my monthly instalment.
Thank you

University of Johannesburg Management

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