Debt Counselling
Affordability
Assess the extent of your debt situation and your affordability.
Payment Plan
Provide a repayment scheme acceptable to creditors and court
Fee Reduction
Reducing monthly installments as well as interest and fees.
Rehabilitation
Rehabilitate you without detriment for the future.
What is Debt Counselling
Debt Counselling is a formal legal process that provides for a consumer to be declared over-indebted and for the Debt Counsellor to negotiate a restructured payment plan and obtain a court order confirming the new repayment plan.
The Debt Counsellor must be registered with the National Credit Regulator and have an NCRDC number. The ICS uses the services of a registered debt counsellor.
Any consumer who has entered into a credit agreement and is declared over-indebted by the debt counsellor can go for debt counselling. Some credit agreements can be excluded from going under debt counselling if the credit provider has already proceeded with legal action. It is therefore very important that you act early when you are experiencing repayment problems so that all your credit agreements can be included under debt counselling. If the credit provider has already taken legal steps then mediation might be the solution.
How we help
Once declared over indebted and accepted into debt counselling the following will happen
Legal Protection
Protection from legal action for a period of 60 days from the day of application, as long as you pay according to the new arrangement.
No more calls
You will be listed at the Credit Bureau as being under debt counselling. All your creditors will have to stop calling you and liaise with your debt counsellor.
Clearance Certificate
For as long as you are under debt counselling you will not be allowed to get credit until you are issued with a Clearance Certificate
Documents Required
For You
- Copy of your identity document/passport
- A copy of your most recent three month salary
- Three months bank statements for all their bank and investment accounts
For Spouses
- A copy of your spouse/partner’s ID/Passport
- A copy of your spouse/partner’s most recent three month salary
- Their last three months bank statements for all their bank and investment accounts
5 Step Plan
- Step 1: Application Day 1
You will provide details of your income, monthly budget, and debt commitments. Your Debt Counsellor will do an initial assessment to check that you are over-indebted and a new budget will be agreed upon. You will receive details of all cost and be requested to sign Form 16. You will receive new budget guidelines.
- Step 2: Notification of application Day 1- 5
Your Debt Counsellor will contact all your Credit Providers and the Credit Bureaus to verify your debt by sending out a Form 17.1. You will be listed on the Credit Bureaus as under Debt Review. This listing will remain until you have repaid your debt or when a Clearance Certificate is issued. Repayment terms will be negotiated with all Credit Providers. Your interim payment plan is loaded at your Payment Distribution Agency (PDA)
- Step 3: Over indebted notice Day 6 – 30
Credit Providers will confirm outstanding balances and your Debt Counsellor will notify your Credit Providers and Credit Bureaus that you are over-indebted by sending a Form 17.2. Debit Orders, for debt repayment only, need to be cancelled at this point to allow the interim repayment plan to kick in. You need to sign a Debit Order cancellation on your original credit agreement and submit this to your Credit Providers and then make new payments as per interim repayment plan.
- Step 4: Repayment Plan Day 31 – 45
Your repayment plan will be finalised. Credit Providers will either accept or reject your repayment proposal. This will enable your Debt Counsellor to finalise your repayment plan and to submit this to your PDA. Your PDA will collect a single payment from you and distribute the payment to all your Credit Providers. You will receive a SMS to notify you every month. At this point your Debt Review Court application can be finalised. You will be requested to sign an Affidavit. Do not be afraid to do this:
- the law is on your side as long as you follow the process.
- Your Debt Counsellor will assist you all the way.
- You need to sign the Affidavit and keep up with the payments according to the plan.
- Step 5: Court Order Day 46 – 60
A Court date will be obtained by your Debt Counsellor. This usually is after the expiry of the 60 days. The aim is to obtained approval from Court on the proposed Debt Review plan. As long as you make payment you are protected. Your Debt Counsellor will monitor the process and advice you accordingly along the way You need to continue with payments and refer all enquiries to your Debt Counsellor. The Court order will confirm repayment plan. You need to keep up payments
FAQ
NO. A debt counsellor does not have statutory powers to terminate or withdraw the debt review process. This means that a debt counsellor can no longer issue Form 17.4 and update DHS with status G (Voluntary withdrawal by consumer) or H (Withdrawal by a debt counsellor). There is However varied ways in which a consumer can be withdrawn from debt review which will be set out below.
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 counsellor will notify the credit providers of the withdrawal by means of Form 17.W and update DHS with status G.
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 counselling fees as per NCR Debt Counselling Fee Guidelines. If a determination is made and no court order is in place, the consumer will remain under debt review. A debt counsellor will notify the credit providers of the withdrawal by means of Form 17.W and update DHS with status G.
A consumer under debt review may be transferred to another debt counsellor subject to payment of all debt counselling fees where it has been established that the previous debt counsellor followed the correct process. • Form 17.7 should be used to facilitate this process.
What you should know
- Once you have been declared over indebted you cannot cancel the process, unless you go to court
- You will be listed at the Credit Bureau as being under debt counselling
- For as long as you are under debt counselling you will not be allowed to get credit until you are issued with a Clearance Certificate
- If you are or intend to go under debt counselling please note that debt counsellors are prohibited from collecting money from you and distributing it to creditors.
- If you are or intend to go under debt counselling please note that debt counsellors are prohibited from collecting money from you and distributing it to creditors.