Deciding to enter debt counselling (debt review) is an important step to becoming debt-free. Here is what happens during the debt counselling process. Note: if you are married in Community of Property (COP), you and your partner need to apply for debt counselling together.
How Does the Process Start?
When a consumer applies for debt counselling, a debt counsellor is required to inform all credit providers and credit bureaus of the application within 5 business days after accepting the application. The debt counsellor does this by way of sending a “Form 17.1” to the credit providers. The consumer's credit providers are then required to provide a certificate of balance (COB). The debt counsellor conducts an assessment in accordance with the National Credit Act (NCA) regulations to determine if the consumer is over-indebted and to determine the amount available to repay debt.
What is the Role of the Debt Counsellor?
The role of the debt counsellor in the debt counselling process is to:
- Assess whether a consumer is over-indebted;
- Check for reckless lending arrangements issued by credit providers;
- Place over-indebted clients under debt counselling; and
- Develop a debt restructuring plan so the client can become debt-free after a period of time.
If the consumer is found to be over-indebted, the debt counsellor should, within 30 days of the consumers application notify both the Credit Provider/s and the Credit Bureaus by means of the “Form 17.2”.
It is important to note that in terms of section 88(1) of the National Credit Act No. 34 of 2005, you must not enter into any further credit agreements (borrow) whilst you are under debt counselling or debt review. Should you do so, this will result in you being ejected from the debt counselling process and credit providers can take legal action, which can be very costly to you.
What are the Key Steps in the Debt Counselling Process?
See a visual representation of the debt review process here.
- Upon your debt counsellor receiving all the necessary documentation, an assessment will be done within 24 hours, and they will advise you on whether you qualify for debt counselling/debt review.
- If your application is successful, we will notify your credit providers including credit bureaus of your debt counselling status.
- We will proceed to work out a debt repayment plan (DRP), after compiling a workable household budget with you that considers your monthly income and living expenses. The DRP will then be submitted to your credit providers for their agreement within 30 business days.
- The debt review application will then be referred to the Magistrate's Court to obtain a court order or to the National Consumer Tribunal (NCT) for a consent order.
- You will have to affect a single payment to your creditors that will cover all your debts via the Payment Distribution Agency (PDA) appointed by the National Credit Regulator (NCR), as scheduled in the DRP. This will be a temporary arrangement until the case is made final by an order of the court with the creditors.
- Please note that Debt Sage fees become payable once you are placed under Debt Review within the first month of enrolment.
- We will on a regular basis supervise your payments to the PDA and will be with you every step of the way. Should there be any changes in your circumstances, we will advise all parties and help you make the necessary changes to your plan.
- When you have finished paying all your debts, we will issue you with a clearance certificate so that the credit bureaus can remove your debt counselling status from their records. Thereafter, you will be able to apply for new credit.
How do the Payment Distribution Agencies (PDA) fit in?
Once accepted under debt counselling you will pay one monthly amount that pays all your debt. This will then be distributed to your credit providers by a Payment Distribution Agency (PDA). A PDA is accredited by the NCR. PDAs were created to help manage payments between consumer and credit providers. They give comfort to the consumer by holding the money in a trust before paying it to your credit providers. Debt counsellors are not permitted to receive monies from the consumer. Instead, the consumer pays their monthly contribution to a PDA and the debt counsellor instructs the PDA who to pay and how much. The PDA will send you monthly statements to show how monies that you are paying are being distributed. If you do not have access to your statement, you should get in touch with your debt counsellor to rectify this.
Terminating Debt Counselling
Termination of Debt Counselling by Credit Providers
Under certain circumstances, a credit provider can withdraw/terminate a credit agreement from debt counselling and proceed with legal action. Termination can happen if you default or do not pay your rearranged payment plan or if your debt counsellor does not finalise the process within the prescribed time limits.
Can a Debt Counsellor Terminate Debt Counselling?
A debt counsellor does not have the statutory powers to terminate or withdraw you from the debt review process. Instead, you can read more about debt review removal, i.e. clearing your name from debt review.
When Can a Consumer be Withdrawn?
Once a debt counselling court order has been obtained, a consumer cannot terminate the debt counselling process. The consumer can however approach the court to rescind the debt review application if there was no court order in place.
Debt Review Clearance Certificate
In terms of section 71(2)(b)(i) of the NCA, a debt counsellor must issue a clearance certificate (Form 19) if the consumer has fully satisfied all the debt obligations under every credit agreement that was subject to the debt re-arrangement order or agreement. Once a clearance certificate has been issued credit bureaus will be required to remove all the information relating to debt counselling and you can then start getting credit again. Learn more on the debt review clearance certificate.
Contact our debt counselling experts today to review your case and see how the debt counselling process can help you get rid of debt.