[1] The applicant claims default judgment against the respondents for R589 547.28 together with interest and ancillary relief and an order declaring the respondents’ immovable property executable.  The amount claimed arises from a loan made by the applicant to the respondents that was secured by a first mortgage bond registered over their immovable property. The respondents have fallen into arrears with their repayments.

[2] The application is undefended.

[3] When this matter came before me I raised with counsel whether the applicant’s notice to the respondents as contemplated in s 129(1)(a) of the National Credit Act, No. 34 of 2005, complied with the provisions of the Act.  In particular, I questioned whether the applicant had established on the papers that the provisions of s 130 had been met. That section stipulates inter alia that at least 10 business days must have elapsed after the delivery of the s 129(1)(a) notice before a credit provider may approach the Court for an order to enforce a credit agreement.  If these provisions were not met by the applicant then the summons would have been issued prematurely; but, even if it was issued prematurely, s 130(4)(b) provides that the matter must be adjourned and that an appropriate order must be made setting out the steps that the applicant must complete before the matter can be resumed.