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DCCP5112Ta

This document outlines the assessment details for a test on Debt Collection and Civil Procedure, including instructions and mark allocations. It consists of multiple questions requiring definitions, true or false answers, fill-in-the-blank responses, and explanations related to debt collection practices. The assessment is closed book, with specific guidelines on answering and submitting responses.

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Vimbai Muchena
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2 views

DCCP5112Ta

This document outlines the assessment details for a test on Debt Collection and Civil Procedure, including instructions and mark allocations. It consists of multiple questions requiring definitions, true or false answers, fill-in-the-blank responses, and explanations related to debt collection practices. The assessment is closed book, with specific guidelines on answering and submitting responses.

Uploaded by

Vimbai Muchena
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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22; 23; 24 2023

MODULE NAME: MODULE CODE:


DEBT COLLECTION AND CIVIL PROCEDURE DCCP5112

ASSESSMENT TYPE: TEST (PAPER ONLY)


TOTAL MARK ALLOCATION: 60 MARKS
TOTAL HOURS: 1 HOUR (+5 minutes reading time)
INSTRUCTIONS:
1. Please adhere to all instructions in the assessment booklet.
2. Independent work is required.
3. Five minutes per hour of the assessment to a maximum of 15 minutes is dedicated to
reading time before the start of the assessment. You may make notes on your question
paper, but not in your answer sheet. Calculators may not be used during reading time.
4. You may not leave the assessment venue during reading time, or during the first hour or
during the last 15 minutes of the assessment.
5. Ensure that your name is on all pieces of paper or books that you will be submitting. Submit
all the pages of this assessment’s question paper as well as your answer script.
6. Answer all the questions on the answer sheets or in answer booklets provided. The phrase
‘END OF PAPER’ will appear after the final set question of this assessment.
7. Remember to work at a steady pace so that you are able to complete the assessment within
the allocated time. Use the mark allocation as a guideline as to how much time to spend on
each section.
Additional instructions:
1. This is a CLOSED BOOK assessment.
2. Calculators are allowed.
3. For multiple-choice questions, give only one (1) response per question. The marker will
ignore any question with more than one answer, unless otherwise stated. You should,
therefore, be sure of your answer before committing it to paper.
4. This assessment has Three Sections. You are required to answer All of these sections.
5. Answer All Questions .
6. Show all calculations, where applicable (marks may be awarded for this).

© The Independent Institute of Education (Pty) Ltd 2023


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Question 1 (Marks: 15)

Define the following concepts:


(Refer to the mark allocation and ensure that you capture the integral words in the definition in
order to get full marks.)
Q.1.1 Debt collection (3)

Q.1.2 Service (3)

Q.1.3 Dies induciae (3)

Q.1.4 Indebtedness (3)

Q.1.5 Civil procedure (3)

Question 2 (Marks: 10)

This is a True or False question. You need to answer either True or False for all the questions, and
you must substantiate your answer. You will receive one mark for correctly answering either true
or false, and you will receive one mark for substantiating your answer correctly.
Q.2.1 The objective of debt collections is to recover a debt. (2)

Q.2.2 A legal secretary is in charge of drafting pleadings in a firm/office. (2)

Q.2.3 A debtor may upon receipt of a letter of demand or a summons make an


(2)
undertaking in terms of section 75.

Q.2.4 A creditor may attach all the debtor’s assets. (2)

Q.2.5 There are various methods of enforcing a judgement. (2)

© The Independent Institute of Education (Pty) Ltd 2023


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22; 23; 24 2023

Question 3 (Marks: 5)

Fill in the missing word or phrase from the following list:

Arrears; blacklisted; credit bureau; credit control; handing-over; indebted; legal; over-due;
outstanding; owed.

‘____(a)___ to an attorney’ is a phrase used when a creditor resorts to ___(b)___ means or action
to obtain repayment of money ___(c)____by a debtor. Companies, for example, do this when a
customer’s account falls into ___(d)____ and the efforts of the company’s ____(e)____ personnel
or department have failed.

Question 4 (Marks: 30)

You successfully completed the debt collections module on the Higher Certificate in Legal Studies
(HCLS) programme and later went on to complete the Bachelor of Laws Degree. Your friend
Thelma is also an attorney. Thelma did not initially study towards a HCLS qualification and does
not have a clue on how to run a collections department.

Answer the following questions to assist Thelma in her understanding of how a debt collections
department operates and what is required to operate such a department. Also assist her in
polishing up her knowledge of civil procedure and the role it plays in debt collection.

Q.4.1 Thelma tells you that she needs to open a debt collection file in the following
(8)
matter:
Jerry Maree is a good friend of hers. Jerry asked Thelma to recover money owned
to his company, JM Furnishers (Pty) Ltd. One of his customers Sue-Mari Singh
owes Jerry’s company R250 000.

Using the abovementioned details, provide the information that should appear on
the cover of a clients file.

© The Independent Institute of Education (Pty) Ltd 2023


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Q.4.2 Jerry feels that a letter of demand is a waste of time and money. Sue-Mari knows
that she owes the company money and Jerry thinks telling her one more time in (6)
writing will not make any difference. Explain what a letter of demand is.

Five marks will be allocated for explaining.


One mark will be allocated for skill.

Q.4.3 Jurisdiction refers to the ‘right’ of a court to hear a particular case. Briefly explain (10)
what jurisdiction is and the factors upon which the ‘right’ depends.

Eight marks will be allocated for explaining.


Two marks will be allocated for skill.

Q.3.4 Different types of summonses are used for different types of claims. Differentiate (6)
between liquid claims and illiquid claims.

END OF PAPER

© The Independent Institute of Education (Pty) Ltd 2023


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