Debt Counselling
Withdrawing from Debt Counseling
!!!!It is very important that you think very carefully about going under debt counseling because once you have been declared over indebted and accepted into the process it will be very difficult to withdraw from the process and even more difficult to remove the Debt Counseling flag from your credit bureau record. Below is an extract from the Guideline:
CAN A DEBT COUNSELLOR TERMINATE OR WITHDRAW DEBT REVIEW PROCESS?
A debt counselor does not have statutory powers to terminate or withdraw the debt review process. This means that a debt counselor can no longer issue Form 17.4 and update DHS with status G (Voluntary withdrawal by consumer) or H (Withdrawal by a debt counselor). There is However varied ways in which a consumer can be withdrawn from debt review which will be set out below.
CAN A CONSUMER WITHDRAW FROM DEBT REVIEW PROCESS ONCE A DEBT REVIEW COURT ORDER HAS BEEN OBTAINED?
Once a debt review court order has been obtained a consumer cannot terminate or withdraw the debt review process, they can however approach the court to rescind the order or apply for an order which declares that the consumer is no longer over-indebted. Upon receipt of the order, a debt counselor will notify the credit providers of the withdrawal by means of Form 17.W and update DHS with status G.
CAN A CONSUMER WITHDRAW OR TERMINATE DEBT REVIEW PROCESS PRIOR TO OBTAINING DEBT REVIEW COURT ORDER?
Consumers can only withdraw or terminate the debt review process prior to declaration of over indebtedness as per section 86(7) of the Act and issuance of Form 17.2 subject to payment of debt counseling fees as per NCR Debt Counseling Fee Guidelines. If a determination is made and no court order is in place, the consumer will remain under debt review. A debt counselor will notify the credit providers of the withdrawal by means of Form 17.W and update DHS with status G.
CAN A CONSUMER BE TRANSFERRED TO ANOTHER DEBT COUNSELLOR?
A consumer under debt review may be transferred to another debt counselor subject to payment of all debt counseling fees where it has been established that the previous debt counselor followed the correct process. • Form 17.7 should be used to facilitate this process.
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The facts are that more that 65% of South Africans have unsecured debt. Things like credit cards, clothing accounts, personal loans and over drafts.
More than half of South African’s with debt are over-indebted or behind on payments towards their debts. (can also say defaulted)
Being over-indebted is when you are not able to pay all your debts every month with the income you have. If you are worried every month that you won’t be able to pay all your accounts.
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Debt counseling and debt review is expected to offer people who are over-indebted a way to negotiate a more affordable repayment plan with their creditors. The process of debt counseling is provided for in the National Credit Act (NCA), , and applies to credit agreements entered into before and after that date.
If you are struggling to pay your debts, facing legal action or you are about to have your vehicle and/or property repossessed, you can approach a Help with debt, debt counselor and ask him or her to review your situation.
Alternatively, a credit provider, such as your bank or a retailer, may refer you to a Help with debt, debt counselor if you fail to meet your repayment obligations.
There are no restrictions on who can use Debt counseling and debt review trough Help with debt, – anyone from any income group and who owes any amount of debt can apply for debt counseling. Through Help with debt
Help with debt, Debt counselors are entitled to charge you an upfront fee of R50 plus VAT for an application to have your debt reviewed. A Retainer of R300 will be kept as early cancellation fee. This R300 will be deducted off the Rehabilitation fee payable
Most also charge you substantially more for an initial review of your debts, and Help with debt may offer to review your debts on an ongoing basis, for which they will also charge a fee. But as yet there are no set amounts that Help with debt, debt counselors may or may not charge for initial and ongoing reviews.
The National Credit Regulator (NCR) plans to help lower-income earners by paying their Help with debt, debt counselors’ fees.
Before determining whether or not to accept your application to review your debt, a Help with debt, debt counselor must consider your debts and financial obligations to determine whether you are over-indebted. The NCA describes over-indebtedness as a situation in which you are or will be unable to meet all your debt obligations timorously.
A Help with debt, debt counselor will investigate your existing income and your income-earning prospects, and all your current financial obligations.
Once a Help with debt, debt counselor has accepted your application, he or she will inform all your creditors and every registered credit bureau that you have applied for debt counseling. You will not be able to access any further credit until your debts have been repaid. You will even have to cut up your credit and store cards.
The Help with debt, debt counselor will then consider your debts and financial obligations to determine what you can afford to repay each month, and will enter into negotiations with your creditors to restructure your debt.
If your creditors agree to the repayment proposal put forward by the Help with debt, debt counselor, the counselor will apply to the National Consumer Tribunal for a consent order for the repayment plan.
If your all creditors do not agree to the plan, the Help with debt, debt counselor will take the plan to a magistrate’s court, and the court will have to decide what is a fair repayment plan. In this case you could face further charges for the cost of hiring lawyers to represent your case in court.
Reckless lending
If a Help with debt, debt counselor suspects that you were given credit recklessly because you could not afford it, he or she can ask a court to decide if this was indeed the case and if so to suspend the agreement or set it aside.
Once your repayment plan is agreed, you will make payments to a distribution agency registered with the NCR and it will distribute what you pay to your creditors. The agency will be paid by way of a fee from the creditors.
What are the advantages of debt counseling
debt counseling is a credit restructuring process instituted by the National Credit Act and is enforced by the NCR
We are registered debt counselors in Pretoria and give free debt counseling advice and information to all clients in
Our debt counseling services include providing you with as much possible information on the process so that you can make an educated decision as to the fact that debt counseling might be the answer to your credit problems
The debt counseling process include that you first of all complete the informal application form so that we can assess your current financial situation. When we determine that you are over indebted we can launch a formal debt counseling application
what is debt counseling:
Debt counseling allows registered debt counselors in Pretoria, like Help with Debt, to restructure your monthly debt repayments and reduce those payments by up to 60% without increasing your total debt amount
credit and debt counseling works for consumers that struggle to pay their loans but want to pay. We get a lot of consumers in Pretoria that tell us they make debt repayments and in the process don’t keep any money for living expenses
Our debt counseling services include negotiating with your creditors to reduce your monthly debt repayments on a formal restructuring process
debt consolidation counseling is another way of looking at debt review and debt counseling. You will only pay one amount into the Payment distribution agency (PDA) towards all your creditors. The PDA ensures that no one handles your money and this eliminates any malpractice in our industry
debt counseling fees are calculated according to your budget and prescribed by the NCR as well as the Act. You do not pay any upfront fees and your debt review application pays for itself.,
credit debt counseling will reduce your monthly debt repayments giving you a better future from day one
You can include credit card debt counseling, home loans, vehicle finance and any other credit agreement you have
debt review will prevent any further legal action against you and can prevent repossession of your vehicle and house
Contact Help with Debt today so that we can explain the debt review process to you in full.
Many consumers ask us how to get out of debt review. This is very simple. You can exit debt review at any time but need to be aware of the fact that you will not enjoy the protection the Act gives you once you exit debt review
loans for people on debt review is illegal. If you are under debt review, you cannot apply for any more credit as it will be declined because of your status.
Please contact us today for debt review and debt counseling applications in Pretoria
