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Debtfree DIGI March 2016

The March issue of SA's free debt counselling and debt review industry magazine. We have news, reviews and industry updates. We also look at recent workshops and important court cases.

The March issue of SA's free debt counselling and debt review industry magazine. We have news, reviews and industry updates. We also look at recent workshops and important court cases.

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South Africa’s debt counselling magazine<br />

<strong>March</strong> <strong>2016</strong><br />

www.debtfreedigi.co.za


What you can expect from Hyphen PDA:<br />

• Increased Debt Counsellor Profitability<br />

• Flawless Systems<br />

• Meaningful Reporting<br />

• Contented Consumers!<br />

Chris van der Straaten,<br />

Head: PDA<br />

082 557 0437<br />

Malcom Povey,<br />

Head: Operations PDA<br />

082 445 5604<br />

www.hyp


henpda.co.za<br />

Don’t expect to hear an endless amount<br />

of “spin” around why things failed!.


“ It always seems<br />

impossible until<br />

it is done” - Nelson Mandela<br />

Specialist Attorneys dealing<br />

with Debt Review matters<br />

Magistrates Court<br />

and High Court Matters<br />

TEL 021 913 2514 FAX 0866070940 EMAIL info@liddles.co.za<br />

PHYSICAL ADDRESS 7 Chenin Blanc Street, Oude Westhof POSTAL ADDRESS PO Box 3407, tygervalley, 7536


CONTENTS<br />

NEWS<br />

HAVE YOUR PDA<br />

FEES CHANGED?<br />

NEDBANK V NORRIS<br />

NCR WORKSHOP<br />

FNB WORKSHOP<br />

SERVICE<br />

DIRECTORY


EDITOR’S NOTE<br />

<strong>March</strong> sees a spate of public holidays and long<br />

weekends. A brief respite from the pressures<br />

that weigh down both those religious and<br />

secular. Of course, all the public holidays are<br />

either a boon or curse depending on whether<br />

you earn on those days or not. For those who<br />

have to pay staff regardless, it is hardly a boon<br />

but rather a burden. For those who do not earn<br />

on days they do not work, it is a frustrating<br />

time of year which sees bank balances further<br />

decimated. For the rest, it gives a moment of<br />

quiet in the storm to collect ones thoughts and<br />

plan ahead.<br />

As the last days of summer slip between our<br />

fingers, it seems that clever consumers are<br />

clambering for debt help through debt review.<br />

The chickens (of Dec and Jan spending) are<br />

home to roost and for many February was<br />

a harsh month calling for action which was<br />

finally taken in <strong>March</strong>. Application numbers<br />

are high. The interest rate hikes and food price<br />

increases at the shops are hitting all of us hard.<br />

Predictions are that further rate hikes and<br />

more pressure on the Rand lies ahead so, brace<br />

yourself.<br />

meeting held in Cape Town suddenly turned<br />

sour.<br />

We look into all the local news about the<br />

industry and consider how this will impact on<br />

consumers and debt counselling firms. New<br />

court cases have also captured the attention<br />

of the industry recently. These matters may<br />

shape the way ahead or may simply be another<br />

matter referenced in upcoming appeals cases.<br />

Either way we have a look at what has been<br />

coming out of the courts in this issue.<br />

Debt Review can also be a real respite from<br />

debt pressures that are weighing in on you.<br />

If you are feeling crushed and unsure about<br />

how to deal with debt then head down to your<br />

local Debt Counsellor. Get a fresh perspective,<br />

professional advice on your situation and take<br />

the first steps towards being debt free.<br />

<strong>March</strong> has been the month of industry<br />

workshops by both the Regulator and credit<br />

providers. This issue we look into the recent<br />

series of NCR workshops rolling out across<br />

the country for Debt Counsellors and Credit<br />

Providers and see how the very well supported


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INDUSTRY<br />

CONSUMER<br />

NEWS FLASH<br />

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REPO RATE CLIMBS<br />

In <strong>March</strong>, Reserve Bank Governor Lesetja<br />

Kganyago announced that due to pressures on<br />

the economy (including a higher than hoped<br />

for inflation rate) and weakening national<br />

currency the Reserve Bank had decided to<br />

push up the rate to 7%. This follows on the<br />

heels of similar hikes over the last few months<br />

in reaction to the world and local economy and<br />

is not expected to be the last increase this year.<br />

LEWIS GET GO AHEAD<br />

Last year, Lewis Stores announced their<br />

intention to purchase Beares and Ellerines (for<br />

something of a bargain from their struggling<br />

parent company). It has taken until this month<br />

for all the red tape by the regulatory and<br />

competition authorities to give the green light<br />

for the transaction to go ahead. Though Lewis<br />

themselves have been going through tough<br />

times with share prices being low and pressure<br />

from new legislation and investigations by<br />

the NCR making life interesting, they are still<br />

looking ahead to diversify and expand into a<br />

higher income client bracket. 3/4 of the 57 new<br />

stores acquired carry the Beares brand (the rest<br />

are Ellerines stores). It is hoped that with the<br />

acquisition of many Beares Stores , Lewis will<br />

be able to gain traction among higher income<br />

earners, who will be able to comply with more<br />

ease with recent changes to affordability<br />

assessments as per new legislation. Consumers<br />

applying for credit are now required to provide<br />

not only bank slips but also proof of recent<br />

income (eg. 3 months pay slips). Lewis recently<br />

reported little growth (1.1%) over the end<br />

of 2015 and this was attributed, in part, to<br />

challenges facing the lower to middle income<br />

earners who comprise most of their current<br />

clientele.<br />

LEAVING DEBT REVIEW<br />

NCR GUIDELINE<br />

When a person approaches a Debt Counsellor<br />

they begin a statutory process governed by<br />

the National Credit Act (NCA). When a person<br />

asks a Debt Counsellor to look over their<br />

situation this needs to be indicated on the<br />

National Credit Regulator’s (NCR) data base.<br />

They, in turn notify the credit bureaus. Then<br />

the Debt Counsellor asks the consumer and<br />

all their credit providers for more information<br />

(the Debt Counsellor sends out a form called<br />

a Form 17.1). Once they have looked over<br />

that info they know if the person needs to<br />

simply adjust their monthly spending habits<br />

or whether they need legal protection though<br />

the NCA and debt review. At this point the Debt<br />

Counsellor will send out a form called a Form<br />

17.2 which says either the consumer needs<br />

help or not. If the consumer needs help the<br />

Debt Counsellor will make a few proposals to<br />

the credit providers and gather their responses<br />

for inclusion in a court document. The matter


NEWS CONTINUED<br />

then goes to court for a debt restructuring<br />

court order. This stays in force for as long as the<br />

consumer pays according to the arrangement.<br />

Later the Consumer’s situation may change<br />

drastically and they may be able to leave debt<br />

review sooner than planned or they may pay<br />

according to the plan and come to the end of<br />

the arrangement with all their debt settled.<br />

The NCR issued a guideline on how to treat the<br />

process when someone wants to leave debt<br />

review. Not too long ago the National Credit<br />

Act was amended to allow for consumers who<br />

had paid up all their smaller debt to leave the<br />

process sooner. Thus the process changed<br />

somewhat and the NCR issued a new guideline<br />

or non binding opinion. The guideline<br />

highlights that the process is a serious one and<br />

should not be undertaken lightly and without<br />

commitment to the process. The NCR wish<br />

to help create uniformity across the industry<br />

with how the withdrawal process should be<br />

conducted.<br />

DOWNLOAD THE GUIDELINE<br />

http://debtfreedigi.co.za/wp-content/<br />

uploads/<strong>2016</strong>/03/Withdrawal-from-debtreview-NCR-guidelines-Feb-2015.pdf<br />

NCR ISSUE MASSIVE<br />

R1 MILLION FINE<br />

According to the National Credit Act if a person<br />

or company want to issue credit to consumers<br />

they have to register with the National Credit<br />

Regulator. The idea behind the legislation<br />

is to stop the prevalence of loan sharks in<br />

communities across South Africa. These loan<br />

sharks have a terrible reputation for taking<br />

advantage of those they loan funds to. The<br />

NCA also requires that after registration the<br />

credit provider pay an annual fee so that the<br />

NCR can keep an eye on who is currently in<br />

business. The NCR have reminded registrants<br />

that they do not have to remind them of the<br />

annual renewal of their registration fee (though<br />

they do via email normally). If the annual<br />

renewal fee is not paid then the registrant is<br />

technically not allowed to trade. Recently the<br />

National Credit Regulator took action against<br />

an unregistered (un-renewed) credit provider<br />

Akudle Kutshiyele who operate in Nelspruit in<br />

Mpumalanga. The firm had let their registration<br />

lapse without renewing but had continued<br />

to offer new credit to consumers. The matter<br />

was referred to the National Consumer<br />

Tribunal who handed down a R1 million fine.<br />

The fine covered not only offering new credit<br />

while not renewed but also granting credit<br />

to consumers without checking if they could<br />

afford it. They also on many occasions did not<br />

inform consumers in advance in a quotation<br />

or “pre agreement” document of what the<br />

total cost of the credit will be. This means that<br />

they were offering “reckless credit”. Akudle<br />

also took consumers bank cards and ID books<br />

from consumers borrowing funds in an effort<br />

to enforce payment of their loans. This is illegal<br />

and if a credit provider (big or small) ever ask<br />

you for them you should report the matter to<br />

the NCR as soon as possible or simply refuse.<br />

‘GARNISHEE’ CASE GOES TO<br />

CONSTITUTIONAL COURT<br />

The all important Constitutional Court case<br />

regarding Emoluments Attachment Orders<br />

– EAOs (often called Garnishee Orders) was<br />

heard on the 3rd of <strong>March</strong> <strong>2016</strong>. The case<br />

began a long while back in Stellenbosch<br />

in Cape Town and has to do with a specific<br />

number of EAOs against several farm workers


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NEWS CONTINUED<br />

which Cape Town’s courts felt were not valid<br />

for a variety of reasons. The court case raised<br />

big (constitutional) issues in regard to the use<br />

and abuse of the EAO system. The Con Court<br />

case touches on a number of important and<br />

far reaching common practices in regard to<br />

EAOs - most of which are very bad and unfair<br />

to consumers. Often times the way things have<br />

been done in the past prevented consumers<br />

from having their day in court to protect<br />

themselves from abuse. Some even claim that<br />

credit provider’s collection agents regularly<br />

engage in ‘forum shopping’ at far away courts<br />

in order to get their EAOs rubber stamped<br />

and prevent consumers from every changing<br />

these deductions. An EAO currently has to be<br />

changed at the court it was granted in. If that<br />

court is far from the consumer’s home town<br />

this makes it expensive and extremely difficult<br />

to get the EAO changed or thrown out. At High<br />

Court things went the consumers way and as<br />

a result many EAOs in the Western Cape have<br />

not been enforced since that ruling. If things<br />

once again go the consumers way it would<br />

have a massive impact on how many legal<br />

collections firms and credit providers go about<br />

recovering funds from consumers across the<br />

entire country.<br />

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or less visit www.debtfreedigi.co.za<br />

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HAVE YOUR PDA FEES<br />

CHANGED?<br />

With changes to the National Credit Act made last year by<br />

the National Credit Amendment Act one aspect that was set<br />

to change was the fees charged by the Payment Distribution<br />

Agencies (PDAs).<br />

These are firms which distribute funds on behalf of consumers to their various credit providers<br />

in accordance with the payment plan set out by the Debt Counsellor. Consumers have the right<br />

to distribute their own funds but most would struggle to do so in the right amount, to the right<br />

account, at the right time, with the right reference each month as the plan shifts and changes.<br />

Use of a PDA reduces confusion and increases accuracy of payment amounts. It also allows for<br />

good record keeping should disputes arise.<br />

When the changes were first announced the PDAs (who have previously operated under a service<br />

level agreement with the NCR and were not required to be ‘registered’) were concerned partially<br />

about the reduction of income as a result of the changes. Their main concern mainly focused<br />

on the timelines for payments which were published with the amendments as it leaves them<br />

exposed to returns and disputes and the loss of revenue as a result. In many cases they would<br />

have to pay funds over before they had even received them (cleared), never mind if the consumer<br />

later went and reversed them. In such a case they would have paid for the consumers debt out of<br />

their own pocket. Since they deal with hundreds of thousands of consumers the threat to their<br />

viability is clear. The various PDAs have been meeting repeatedly since last year with the NCR,<br />

DTI and Parliamentary committees in an effort to get the fee structure and timelines adjusted.<br />

In the meantime, the PDAs have indicated that once registered they will stick to the required fee<br />

amounts. All the previously NCR service level agreement recognised PDAs have submitted all<br />

needed documents and made the needed payments etc. They now await their certification and<br />

the outcome of their conversations with the various bodies.<br />

NEW FEE STRUCTURE MARCH <strong>2016</strong><br />

Here is a look at the new fee structure for payments as set out with the amendments to the Act. If<br />

consumers check their statements from the PDAs they will soon see these new amounts (should<br />

they not change in the next week or two) shown.


SMALL payments of less than R200 will be charged R5 (VAT incl) each.<br />

MEDIUM sized payments (R200 – R500) will be charged R10 (VAT incl) each.<br />

LARGER payments of over R500 will have a charge of R15 (VAT incl) each.<br />

PREVIOUS FEE STRUCTURES<br />

This is not the first time the fee structure which PDAs are allowed to charge has changed. If you<br />

were wondering if this is a big change from before you can compare the upcoming structure to<br />

the various previous fee structures that have been in place over the years.<br />

FEES BEFORE JUNE 2008<br />

R5.00 for each payment between R1.00 and R200.00<br />

R10.00 for each payment between R201.00 and R500.00<br />

R30.00 for each payment above R501.00<br />

FEES FROM JUNE 2008 TO 31 JAN 2011<br />

R7.00 for each payment between R1.00 and R200.00<br />

R15.00 for each payment between R201.00 and R500.00<br />

R25.00 for each payment above R501.00<br />

FEES SINCE FEBRUARY 2011<br />

3% of the distributed amount (as per the DCs Plan) with a min of R50.00 and Max of R500.00<br />

excluding VAT.<br />

So, you can see that, while the new fee structure is not totally dissimilar to what has been charged<br />

in the past, it is a probable income reduction for the PDAs. Particularly will this mean a big<br />

change in income for PDAs as the amount of different accounts reduce (this normally happens<br />

as a smaller accounts are settled and only a vehicle or bond account is eventually left over). In the<br />

past the 3% payment stayed the same even though less and less creditors were receiving funds.<br />

Now their income will reduce with each credit provider that is settled. Of course, the PDAs offer<br />

more than simply a payment from one account to several. They also offer reporting, support,<br />

computer programs and DC assistance etc. The PDAs are discussing with the regulator and DTI<br />

how the pricing structure can be adjusted to reflect these services. At the recent NCR workshop<br />

with credit providers and Debt Counsellors it was indicated that since the NCR has not issued<br />

any official certification to any of the applying PDAs as yet, they (the PDAs) are not charging the<br />

fees as required of certified registrants. At the same time it was indicated that the NCR were busy<br />

finalising the registrations. When that happens shortly, consumers can expect the fees they are<br />

charged to change as per the new structure.


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NEDBANK<br />

V<br />

NORRIS<br />

(AND MAGISTRATE<br />

DUMANI N.O.)


A recent court case out of the Eastern Cape has caught the<br />

attention of the Debt Counselling Community. In the case<br />

Nedbank asked the court to review a debt restructuring order<br />

which had happened without them attending and where the<br />

interest rate was changed without their consent. The PE High<br />

Court overturned the debt restructuring court order and issued<br />

2 interesting declaratory judgments.<br />

SOME BACKGROUND<br />

In 2011 Mr Norris took an unsecured personal loan in the amount of R120 000 with Nedbank.<br />

Nedbank checked that he could afford the loan and issued it to him. The total repayment amount<br />

would be a whopping R220 000 over the 60 months of the loan. Monthly Mr Norris was to repay<br />

R3674.49 at 17.5% interest. Not to be forgotten was the Credit Life insurance of R529.80 on the<br />

amount each month (+- R 31 000 over the 60 months).<br />

Within two years Mr Norris had a change of circumstances and due to increased pressure to<br />

service all debt approached a Debt Counsellor in PE. (Sonja Volschenk of Madiba Bay Debt<br />

counsellors 041 379 2621 info@madibadc.co.za)<br />

At this point Mr Norris still owed R105 612. 15 on this particular loan (figure probably taken from<br />

the Nedbank CoB) and don’t forget those monthly insurance costs.<br />

Whereas Nedbank wanted R 3674.49 monthly for their loan now the Debt Counsellor determined<br />

that Mr Norris had only R1600 to pay all his debt each month (incl amounts to among others<br />

ABSA , Wonga, Ellerines, Edgars, Bridge loans, African bank).<br />

Proposals were sent to all creditors (which were all for very low amounts over a very long time).<br />

The proposals were then turned into a court application and the matter was set down for a short<br />

while later in Jan 2014.<br />

Nedbank put on record and submitted their intention to oppose the application as they were<br />

not happy with the proposals. Due to a somewhat irregular chain of events the court matter was<br />

not held the day it was originally planned (when Nedbank did show up) but several days later<br />

when Nedbank were not present (note: they had asked to be informed of the new set down date<br />

but never heard back from the consumers attorneys).


As a result Magistrate Dumani N.O. granted an order and the court order reduced Nedbank’s<br />

interest to zero (instead of letting run to induplum)<br />

At R289.15 a month x 260 (the DC had planned for a cascading increase in the repayment amount<br />

over time as smaller debts were settled)<br />

Nedbank were obviously not happy that they had not got to oppose and that the interest amount<br />

had been changed without their consent and wanted to rescind the court order. They then later<br />

applied to the court and rather than hear the whole matter the court changed interest rate back<br />

to the original 17.5 %. Nedbank were still not happy and the repayment amount of R289.15 was<br />

thus too little to cover interest (and don’t forget the credit life insurance of R529.80)<br />

Many banks prefer to recover funds over 60 months (for unsecured credit). It is a target they like<br />

to achieve. If the consumers circumstances did nto change at all (which they likely would over<br />

time) the reality is that even if Nedbank got every cent from the consumer each month (R1600<br />

x 60) this amount would simply be too little as well if the interest rate and credit life payments<br />

were not adjusted). Thus the need for the debt review.<br />

In November 2015 Nedbank’s case was heard by the High Court in Port Elizabeth. We will refer to<br />

the case as : Nedbank V Norris (& Magistrate Dumani N.O.) The judgement was handed down<br />

in <strong>March</strong> <strong>2016</strong> and has since been much discussed.<br />

After summarising the original loan agreement, the application for debt review and the granted<br />

court order the judgement focused on Jurisdictional matters for a while before looking into the<br />

matter.<br />

The PE High Court pointed to deficiencies in not only the fact that Nedbank never got their day<br />

in court but that the original debt restructuring court application did not have a lot of evidence<br />

in it that Mr Norris was actually over indebted (he obviously was but you have to show it not just<br />

say it)<br />

The High Court (not considering any cascading payment increases over time) pointed out that<br />

the proposed repayment plan of R289.15 x 260 doesn’t add up to total figure owed at zero<br />

interest (never mind the interest). Obviously, cascading payments change that but this is hard to<br />

show without the full cascading repayment schedule.<br />

The High Court then focused on the fact that the Magistrate had reduced interest from 17.5 % to<br />

0% without the creditor agreeing to this/ proposing this. This is not in line with the powers set<br />

out in the National Credit Act regarding debt restructuring.<br />

Next discussed was the irregular manner in which the interest rate was just changed back to


17.5% and how this hadn’t take into consideration the effect on the other creditors.<br />

As a result of these facts the High Court ordered that the 2014 debt restructuring court order be<br />

set aside. And that the Jan 2015 court order changing interest back to 17.5 % be set aside.<br />

Next 2 declaratory orders were made:<br />

DECLARATORY ORDER #1:<br />

It was ordered that a Magistrates Court must not change a contractually “agreed” interest rate.<br />

Obviously this needs to be taken in context since the recent Declaratory Order (made prior to<br />

this case in <strong>March</strong> 2015) Van der Hoven Attorneys v The National Credit Regulator and 4 others<br />

states that where parties do agree to a reduction it (the interest rate) can be included in the court<br />

order. This would be due to changes to the “agreed” amended agreement between the parties.<br />

Nedbank have issued a statement to the same effect that the law is very clear that, where the<br />

parties have reached an agreement with regards to the re-arrangement of a debt , that any court<br />

hearing the matter has the authority to grant such an order.<br />

DECLARATORY ORDER #2:<br />

It was ordered that a rearrangement proposal in terms of NCA S86(7)(c) which pays (monthly)<br />

less than interest rate increase amount (monthly) doesn’t match the purpose of the NCA and<br />

would be “ultra vires” and a Magistrates Court has no jurisdiction to grant such an order.<br />

This makes sense when enough funds are available to match the interest portion. In this case<br />

clearly at first no such available funds.<br />

QUESTIONS TO CONSIDER:<br />

Such an order could effectively remove debt review as a legal right from those who have too<br />

little in total to cover full un-adjusted interest portions toward their credit agreements even if<br />

over indebted.<br />

Admittedly there is less short term benefit to the credit provider if the consumers debt continues<br />

to grow over time (with the safety net of Sect 103(5) in duplum which insures that a credit<br />

provider gets the full legal limit of recovery from a defaulting consumer).<br />

If all credit providers decided to refuse to change interest rates (which would be their right) most<br />

debt restructuring proposals would probably fall into such a case (where someone, somewhere<br />

among the creditors is getting less than the interest amounts as the debt grows to the legally<br />

built in Sect 103(5) in duplum limit).


However this declaratory order makes no allowance for increased payments over time though<br />

low at first. Eg a consumer who is receiving a salary increase, at a time shortly after the order<br />

would be made, which would drastically increase the monthly repayment amounts.<br />

OTHER OPTIONS A COURT WOULD HAVE IN SUCH A CASE:<br />

Though it can unilaterally change interest rates without consent a court can order that certain<br />

payment obligations are set aside for a brief time (eg if consumer loses job and is looking for<br />

new work). The focus of the NCA is not on monthly meeting of the obligation but “eventual”<br />

satisfaction of the debt. So, where consumers don’t have enough to cover the interest portion<br />

these debts could have their payments stopped for a while to allow other debts to be settled.<br />

The challenge would then be to decide who gets their money first in a fair manner. Not a great<br />

alternative really.<br />

So, it seems that with this second declaratory order there is potential conflict since the NCA<br />

lays importance on “eventual” satisfaction of the debt and not monthly satisfaction of interest<br />

amounts. Thus the NCA has built in protections for consumers and creditors such as NCA Section<br />

103(5).<br />

There is little doubt that Nedbank V Norris (& Magistrate Dumani N.O.) will be referenced in<br />

future cases so Debt Counsellors and Attorneys should become familiar with it.<br />

Fortunately Nedbank and Mr Norris have already come to an agreement about his debt.<br />

The debt restructuring court order has been set aside, but a payment plan is in place.<br />

PS. If Mr Norris were to switch credit life products to companies such as ONE|SURE his monthly<br />

credit life cover on that debt would only be R317.70.


South Africa’s<br />

leading Debt Counsellors


DEBT REVIEW<br />

Q & A WITH NDA!<br />

Having a Debt Counsellor assess your financial health to see if you qualify for<br />

debt review is a positive first step towards paying back your credit providers and<br />

becoming debt free. But some people are still apprehensive about debt review<br />

and that’s why NDA have compiled an insightful, to-the-point Q & A to clear up<br />

any doubts.<br />

1. I’m worried about debt review fees. Won’t I just rack up more debt?<br />

Debt review fees are regulated by the National Credit Regulator (NCR) to stop unscrupulous<br />

Debt Counsellors from charging consumers excessive rates and tariffs for debt review services.<br />

NDA is an official NCR-registered debt counselling firm. We always ensure our clients can afford<br />

their living expenses, monthly instalments and our fees comfortably, without struggling.<br />

2. Can I take out more credit while I’m under debt review?<br />

Not until you have settled all of your debts and received a clearance certificate. Which is really a<br />

good thing if you think about it! Debt review is an official, proven way of rehabilitating consumers<br />

into the credit market, which means you’ll be able to apply for credit upon completion.<br />

3. Does debt review take forever and a day to complete, as the rumours suggest?<br />

Debt review does involve extending your repayment term. But, it also means that your credit<br />

providers will reduce your monthly instalments and interest rates now. This will allow you to<br />

keep up with your payments and maintain a normal standard of living, instead of barely scraping<br />

by each month.<br />

4. Will my house and car be protected while I’m under debt review?<br />

As soon as we notify your credit providers that you are under debt review, they won’t be able<br />

to take legal action against you. Meaning, your home, car and other valuable assets will be<br />

protected. We hope this clears things up for anyone who is still unsure about entering debt<br />

review. I’m sure you will agree the pros of debt review really do outweigh the cons!<br />

To find out if you qualify for debt review with National Debt Advisors, get in touch at:<br />

http://nationaldebtadvisors.co.za/contact-us/


Storm Horstead<br />

My name is Storm Horstead. I am twenty one years of<br />

age, studying a Bachelor of Commerce in Marketing and<br />

Management.<br />

I am passionate about business and finance. I have recently<br />

been employed full time as an agent based in Kwa-Zulu<br />

Natal. I could not have wished for a better start to my<br />

business career as I have been blessed with the opportunity<br />

to work alongside extremely experienced and talented staff<br />

at DC Partner.<br />

The debt review industry is one which incorporates business, the distribution of funds and<br />

helping over indebted people across the county. It is my goal to help as many people along the<br />

way as possible. My main function is to provide a service to Debt Counsellors, train them on our<br />

programs and help them wherever needed. Due to effective and consistent training provided<br />

to Debt Counsellors from DC Partner and myself I believe our DCs are able to provide a better<br />

service to their clients.<br />

DC Partner is a PDA ( Payment Distribution Agency) and this also one of the reasons I entered this<br />

industry as it involves the distribution of small to tremendously large amounts of money which<br />

are paid from the consumer to the creditors. DC Partner has been distributing funds for over 9<br />

years now. They come highly recommended. I have always wanted to work for a big corporate<br />

company such as DC Partner.î<br />

www.dcpartner.co.za


IN A NUTSHELL<br />

DEBT COUNSELLING<br />

CAN MAKE A POSITIVE<br />

ECONOMIC IMPACT


Minister Pravin Gordhan’s <strong>2016</strong> budget speech earlier this year<br />

reiterated the following statement several times “We are resilient,<br />

we are committed, we are resourceful”. He chose to repeat this<br />

statement no less than five times during his budget address.<br />

An address whose message was primarily hopeful. Times are<br />

tough, but South Africans are resilient, and if we are committed<br />

as a nation we can find creative and resourceful ways to improve<br />

our economic future.<br />

Characterising these tough times is the fragile business confidence in the region, the concern<br />

and theory that our debt will soon be given junk status, and the impact of the current severe<br />

drought. Our weak forecast of economic growth at only 0,9% further exacerbates this sentiment.<br />

Investopedia describes ‘economic growth as an increase in the capacity of an economy to<br />

produce goods and services.’ Economic growth is a measure of a country’s productivity, and its<br />

ability to increase revenue. If revenue is under pressure and costs are increasing then the only<br />

way to avoid the debt trap in the short-term is to curb costs.<br />

South Africa as a country much like its citizens spends more than it earns. To make up the shortfall,<br />

South Africa needs to borrow R139 billion, which is equivalent to 3.4% of the Gross Domestic<br />

Profit (GDP). Similarly, based on the latest statistics from the National Credit Regulator (NCR)<br />

close to 50% of South Africans are over-indebted, which means they spend more than they earn.<br />

Minster Pravin Gordhan did not offer much regarding consumer relief. Although the lower to<br />

middle-income groups will gain a personal income tax relief of R5.5 billion, this is a marginal<br />

amount on an individual basis. Here are two examples, an individual earning a modest salary<br />

of R8,000 per month will gain an annual relief of R243. An individual earning R25,000 per will<br />

gain an annual relief of R1,206. These marginal gains will be eroded by the rising costs of living,<br />

driven by increases in the fuel price, electricity, interest rates and the decline in the exchange<br />

rate. Inflation is expected to be in the region of 6.8%. The general fuel levy will be raised by 30c/<br />

litre to R2.85/l for petrol and R2.70/l for diesel. Most goods are transported by road which means<br />

that this will impact food prices and other goods. The National Energy Regulator (Nersa) recently<br />

announced that electricity prices will be increasing by 9.4% from April <strong>2016</strong>. Before consumers<br />

reach for that glass of wine or beer to drown their sorrows, sin tax is going up as well, meaning<br />

that the prices on alcoholic beverages and tobacco products are also increasing between 6% to<br />

8%.


For consumers to keep their heads above water, they will need to reassess their budgets and kerb<br />

expenses where possible. Budgeting and budget monitoring become crucial in tough economic<br />

times.<br />

Consumers who battle to meet their debt obligations and are at risk of losing their homes and<br />

cars need to consider debt counselling as an option. The latest Credit Bureau statistics for the<br />

quarter ending Sep 2015 indicate that of the over 23 million credit active consumers, 9.91 million<br />

have impaired credit records. An impaired record means that a consumer is more than three<br />

months in arrears on payments.<br />

At this time in our economy, it is necessary that all South Africans take responsible and resourceful<br />

steps to improve their financial situation. Overindebtedness adds to the costs of borrowing<br />

money for all borrowers in the economy. If borrowers were to borrow and repay responsibly, it<br />

would free up more capital for investment.<br />

Debt Counsellors have a very important role to play in helping overindebted consumers<br />

budget responsibly, educating them on the benefits of debt counselling and encouraging their<br />

commitment to the debt review process.<br />

Consumers that are already under debt review should have an annual review with their debt<br />

counsellor to reassess their budgets in light of the expected increase in the cost of living.<br />

As South Africans, we are resilient, we are committed, we are resourceful. But we all need to work<br />

together to achieve financial freedom.<br />

If you’re a Debt Counsellor, consider sharing this article with your clients.<br />

IN A NUTSHELL is brought you by the DCM Business Partnership Programme, designed to<br />

support debt counsellors and consumers during the debt review process, in collaboration with<br />

the National Payment Distribution Agency (NPDA). For help, contact the NPDA on 0861 628 628.<br />

If you have suggestions for topics that you would like covered in future, please email info@dcmgroup.co.za<br />

The NPDA was recognised as the industry winner for PAYMENT DISTRIBUTION and Care Premier as the industry<br />

winner for DEBT COUNSELLING SOFTWARE at the Debt Review Awards 2015.


NCR WORKSHOP<br />

The National Credit Regulator recently began a series of<br />

workshops for Debt Counsellors (and Credit Providers) across<br />

the country. The workshop is an opportunity for registrants to<br />

network and be briefed by the NCR on their plans and recent<br />

industry trends. <strong>Debtfree</strong> reports on the Recent Workshop held<br />

in Cape Town.<br />

Ms. Tshepa Molefi acted as Chairperson for the day and in the morning introduced Ms. Kedilatile<br />

Legodi (who is Manager of the NCR’s Debt Counselling Department) to welcome everyone<br />

and set out the agenda for the day. Ms Legodi said in her opening remarks that she hoped the<br />

workshop would inspire, excite and challenge those attending.<br />

The first speaker for the day was ms Mmbatho Senyarelo of the NCR Investigations and<br />

Enforcement Department. She discussed some recent NCR labelled “raids” on large debt<br />

counselling firms in Cape Town. Since these so called raids nothing has happened and members<br />

of the audience were no doubt curious to find out what was happening and why there had<br />

been raids as opposed to the normal monitoring visits. Ms Senyarelo said that raids do not<br />

necessarily mean there were violations by the Debt Counsellors. She stated that in some cases<br />

no contraventions were found. She went on to say that referral of contraventions to the National<br />

Consumer Tribunal was also not automatic. Even if matters were referred to the NCT the NCR<br />

would still engage with these firms to resolve matters. She did however state that some of the<br />

firms (plural) who had been raided have been referred to the NCT. This has not previously been<br />

public knowledge.


After vaguely fielding questions about why the NCR were lax on taking action against debt<br />

mediators (debt review outside of the NCA) and ADRAs who offered debt review-like services,<br />

outside of what they were allowed to do, she mentioned that a recent raid in Limpopo had<br />

resulted in the DC being referred to the NCT.<br />

Ms Georgina Kgadima next spoke on behalf of the NCR monitoring office. Ms Kgadima spoke<br />

on the topic of Debt Counsellors cancelling appointments last minute and how the NCR have a<br />

problem with the promotion of debt review over the phone or via a call centre set up. This was<br />

one of the first times that the NCR have somewhat defined what they are concerned about when<br />

it comes to consumers dealing with call centres. The NCR even has a billboard campaign costing<br />

thousands and the reasons have never been clear as to why they disapprove. It seems that some<br />

of the concern is over consumers being contacted (not contacting a DC themselves) and told<br />

about debt review. In some cases, consumers have been signed up for debt review without<br />

making a proper commitment to the process. Later such consumers ,who go looking for further<br />

credit, find they cannot get it as they are now registered with the NCR. They then contact the<br />

NCR, creating more work for the NCR in trying to sort the matter out.<br />

POPI IGNORED?<br />

An interesting question was raised in regard to POPI violation when the NCR arrives at a Debt<br />

Counsellors Office and asks to see consumers private and confidential information without<br />

consent from the consumer. Ms Kgadima indicated that waiting for permission from such<br />

consumers would make it hard for the NCR to monitor timeously and thus “it would not work”<br />

for them. No real resolution was reached about if this represented a POPI violation or not.<br />

Magistrate Mannie Van Reenen (of the Bellville Magistrates Court) presented regarding the<br />

2009 Declaratory Order and more recent court matters including FNB v Barnardt (where the DC<br />

was ordered to pay costs) and Nedbank v Norris & Magistrate Dumani (where the High Court<br />

said the Magistrate should never have unilaterally changed interest rates without consent). He<br />

discussed how he likes applications to look and stated;” I am not a difficult Magistrate”.<br />

After a presentation by Ms Lizelle Squirra ( NCR Registrations & Compliance) regarding affordability<br />

assessments Ms Celancia Froneman of the new African Bank (formerly known as African Bank)<br />

discussed the recent organisational changes at African Bank. Recently the Bank has split into<br />

Residual Debt Services and the all new African Bank. African Bank will collect on behalf of Residual<br />

Debt Services so little will change from a consumer perspective. She did however explain the<br />

changes that may be needed for court documentation in regard to registration numbers and<br />

phrasing that may be needed to clarify who was who. She also had the opportunity to review the<br />

new look African Bank CoBs which will help clarify which debt is with whom.<br />

Lunch was a busy affair with lots of opportunities to mingle and engage with various displaying


service providers and registrants. The various PDAs were in attendance as well as several banks<br />

and ONE|SURE.<br />

After lunch it was down to the serious business as Mr Graham Bellairs and Ms Yusria Cornelius<br />

presented on behalf of the Cape Law Society. The topic of the hour is something called “fee<br />

sharing” between Debt Counsellors and Attorneys. They discussed several ways in which some<br />

firms are using funds from one consumer to help cover the legal fee costs of another consumer<br />

or where the Debt Counsellor does not use the funds exclusively for legal work or where the<br />

legal firm may reimburse the Debt Counsellor in some way. Their message was clear: fee sharing<br />

is illegal.<br />

Ms Cornelius mentioned that some attorneys have not been able to get work from Debt<br />

Counselling firms because they refuse to share fees in some way. The NCR and the Law Society<br />

have met and will issue a joint statement on the topic shortly.<br />

Ms Cornelius mentioned that Debt Counsellors can do legal work and prepare documentation<br />

etc (they are the applicant) but they simply must not charge for the work (unless it is legal work<br />

for the NCT where the NCR has said that Debt Counsellors can charge a “legal fee”).<br />

Where the presentation had been going strong (if somewhat stern) things next turned sour as<br />

Ms Cornelius made seemingly condescending comments about longstanding Debt Counsellor<br />

Mr John Steyn’s contribution in helping establish the now commonly used debt review court<br />

application documentation. These were not well received and the meeting almost came to a halt<br />

among the raised voices, hushed boos and heckling. Ms Kedilitile Legodi apologised on behalf<br />

of the Cape Law Society and managed to get things back under control, though some people<br />

began to leave at that point.<br />

Ms Senyarelo next took the podium again to discuss the NCRs complaints process. The NCR<br />

are trying to resolve complaints within 14 days and she discussed the steps the NCR use in this<br />

process. Interestingly as per the NCA the NCR are not required (or supposed) to resolve matters<br />

only consider and the refer them to the relevant body to do so.<br />

PDAs have been a hot topic with the recent deadline for the PDAs to register with the NCR<br />

happening at this time. Ms Legodi discussed how out of all consumers the NCR think are under<br />

debt review only half make use of a PDA. On average consumers making use of a PDA make<br />

payments around R4500 monthly and each month the PDAs pay over R569 Million to credit<br />

providers. It came out during the day that only registered PDAs have to charge according to the<br />

new fee structure and that none of the PDAs registrations had been finalised (Debt Counsellors<br />

often wait between 6 to 9 months for their registrations to come through) yet. Thus none of the<br />

current PDAs had changed their fee structure yet.


Mr. Peter Michaels made a spirited presentation toward the close of the day and broached the<br />

topic of recent industry updates in the wake of the amendments to the NCA last year. He also<br />

touched on all the sub committees being formed by the NCR organised Credit Industry Forum<br />

(CIF). Some of the upcoming projects include: Section 103(5), Clarity on Withdrawal Guidelines,<br />

End Balance Disputes, the NCR Debt Help System, PBLs, Reckless Lending Process (when<br />

complaints/allegations are made to the NCR). He also touched on the recent court judgements<br />

regarding debt review. In one case a DC was forced to pay fees partially because they followed<br />

the NCR’s guideline on fees and caused the consumers vehicle to go into default (among other<br />

issues). He lightly glossed over that as he focussed on how there had been no plan (within the<br />

60 days of review) to sell the consumers second house. He also touched on the Nedbank v Norris<br />

& Mag. Dumani case. The NCR feel that where the credit provider and consumer agree to lower<br />

the interest rates not doing so would prejudice the consumer.<br />

The NCR trying to figure out why consumers are wanting to/ are changing Debt Counsellors so<br />

much. It is causing havoc with their NCR Debt Help system and making lots of work for them. It<br />

also was said that Debt Counsellor training material has been updated in line with amendments<br />

to the NCA. Very exciting was a comment that the NCR will soon be releasing a very pro debt<br />

review brochure.<br />

Ms Legodi closed out the day by discouraging credit providers from reckless credit granting and<br />

saying the NCR want to see consumers maximising the use of debt review to address debt.<br />

THE GOOD, THE BAD AND THE UGLY<br />

GOOD<br />

The venue and large number of attendees was great. Ms Legodi said that there will be a review<br />

of Debt Counselling fees (no indication of when and by who).<br />

BAD<br />

The NCR indicated that as per rumour they wish to take their non binding guidelines and try<br />

squeeze them into the Debt Counsellor conditions of registration (thus making them binding).<br />

This will no doubt lead to lots of applications to the NCT contesting this.<br />

UGLY<br />

The Cape Law Society presentation started out strong but ended ugly.


FNB WORKSHOP<br />

GAUTENG<br />

It can happen that when dealing with a consumer’s debt situation Debt Counsellors and Credit<br />

Providers take opposite views on the same account. This can occasionally lead to some conflict.<br />

This is why relationship building is so vital in maintaining a professional industry. Workshops held<br />

by credit providers make it possible for them to meet and engage with Debt Counsellors and<br />

reduce difference in understanding of their processes. This can in turn reduce possible causes<br />

for conflict.<br />

Recently, FNB held such a conference with Debt Counsellors in Gauteng. Topics ranged from<br />

Annual Reviews (where DCs check on a consumers situation) to FNB’s outreach programs.<br />

When it comes to annual reviews credit providers often hope that consumers will have received<br />

increases that outstrip the increased cost of living. This is sadly seldom the case but FNB feel it is<br />

an important step for both themselves and Debt Counsellors to try in order to try help consumers<br />

shorten their time under debt review, if possible.<br />

NEW PROJECTS<br />

FNB are busy sending notices long in advance of any possible 86(10) Termination letters. This pretermination<br />

project helps reduce unnecessary extra work for all parties by identifying where wires<br />

may be getting crossed. It was stressed that DCs should please send as much documentation to<br />

support any replies as possible to speed things along.<br />

FNB are also trying to clean up their files on certain clients and may contact DCs in regard to<br />

missing documentation. They ask that DCs help them and not get upset even if they have sent<br />

these documents before. They hope that they will get good co-operation with this project.<br />

Another very exciting project is FNB sending out balances to DCs for FNB products. This is still in<br />

the pilot phase but could help reduce end balance differences and speed up issuing of clearance<br />

certificates greatly.<br />

Attending Debt Counsellors benefited, as always, from the well run workshop and look forward<br />

to engaging with FNB with now increased understanding of recent trends at FNB. FNB plan to<br />

hold similar workshops across the country over time in an ongoing commitment to engaging<br />

with Debt Counsellors.


DEBT COUNSELLING<br />

COMMUNITY SUPPORT<br />

DEBT COUNSELLING<br />

COMMUNITY SUPPORT<br />

With the help of our generous sponsors DCCS was able to assist vulnerable debt review families<br />

from across SA to get their kids back to school with all the needed stationery and school<br />

goodies. We want to thank both our sponsors and those DCs in the community who helped<br />

identify these families.<br />

If you would like to get involved and help keep hard working, regularly paying, responsible<br />

debt review families in the debt review process please feel free to contact us on<br />

info@dccsupport.co.za<br />

www.DCCSupport.co.za


DEBT COUNSELLORS ASSOCIATIONS<br />

ANNOUNCEMENT BOARD<br />

Free State Friday, 29 April <strong>2016</strong><br />

KZN Friday, 20th May <strong>2016</strong><br />

Western Cape Tuesday, 24th May <strong>2016</strong><br />

Gauteng Wednesday, 18th May <strong>2016</strong><br />

Eastern Cape Friday, 15th April <strong>2016</strong><br />

32 Billion to be paid by US Banksters<br />

http://news.acts.co.za/blog/<strong>2016</strong>/02/morganstanley-to-pay-32bn-over-flawed-mortgage-loans<br />

Please RSVP to dcasa@dcasa.co.za for further details.<br />

www.dcasa.co.za<br />

www.newera.org.za<br />

National Elective Conference will be held in KZN on<br />

the 8th and 9th of April.<br />

Members are invited to attend (and vote).<br />

Please RSVP<br />

We recently held a regional meeting in W Cape<br />

and plan to hold our AGM or regional meeting in<br />

Bloemfontein during April.<br />

Members should contact zune@allprodc.org<br />

for more info<br />

www.bdcf.co.za<br />

www.allprodc.org


MARCH<br />

Old way of calculating max interest rate<br />

Repo rate effective from Repo Factor Add on Maximum interest<br />

rate<br />

New way of calculating max interest rate<br />

Factor Add on Maximum interest<br />

rate<br />

17 Maart <strong>2016</strong> 7 01 May <strong>2016</strong><br />

Prime rate 10,5<br />

Mortgage agreements 7 2,2 5 20,4 0 12 19,00 per annum<br />

Credit Facilities 7 2,2 10 25,4 1,7 10 21,90 per annum<br />

Unsecured credit transactions 7 2,2 20 27 1,7 15 26,90 per annum<br />

Developmental credit 7 2,2 20 35,4 1,7 23 34,90 per annum<br />

Short term credit transactions<br />

1st loan 7 5% 5% per month<br />

Short term credit transactions<br />

2nd loan and more 7 5% 3% per month<br />

Other credit agreements 7 2,2 10 25,4 0 17 24,00 per annum<br />

Incidental credit agreements 7 2% 2% per month<br />

Fees Old New<br />

Mortgage agreements R1 000 per agreement plus 10% of the amount in excess of 10 00<br />

but never more than R 5 000<br />

Credit Facilities<br />

R150 per agreement plus 10% of the amount in excess of 10 00 but<br />

never more than R 1 000<br />

Unsecured credit transactions R150 per agreement plus 10% of the amount in excess of 10 00 but<br />

never more than R 1 000<br />

Developmental credit<br />

R250 per agreement plus 10% of the amount in excess of 10 00 but<br />

never more than R 2 500<br />

Developmental credit<br />

agreement for low income<br />

housing<br />

Short term credit transactions<br />

1st loan<br />

Short term credit transactions<br />

2nd loan and more<br />

Other credit agreements<br />

R500 per agreement plus 10% of the amount in excess of 10 00 but<br />

never more than R 2 500<br />

R150 per agreement plus 10% of the amount in excess of 10 00 but<br />

never more than R1 000<br />

R150 per agreement plus 10% of the amount in excess of 10 00 but<br />

never more than R1 000<br />

R150 per agreement plus 10% of the amount in excess of 10 00 but<br />

never more than R1 000<br />

Incidental credit agreements None None<br />

R1 100 per agreement plus 10% of the amount in excess of 10 00 but never<br />

more than R 5 250<br />

R165 per agreement plus 10% of the amount in excess of 10 00 but never<br />

more than R 1 050<br />

R165 per agreement plus 10% of the amount in excess of 10 00 but never<br />

more than R 1 050<br />

R275 per agreement plus 10% of the amount in excess of 10 00 but never<br />

more than R 2 600<br />

R550 per agreement plus 10% of the amount in excess of 10 00 but never<br />

more than R 2 600<br />

R165 per agreement plus 10% of the amount in excess of 10 00 but never<br />

more than R1 050<br />

R165 per agreement plus 10% of the amount in excess of 10 00 but never<br />

more than R1 050<br />

R165 per agreement plus 10% of the amount in excess of 10 00 but never<br />

more than R1 050<br />

CONTACT DETAILS<br />

FORUM: www.debtconcern.webs.com / WEBSITE: www.allprodc.org /<br />

FACEBOOK: www.facebook.com/AllProDC / TWITTER: www.twitter.com/AllProDC


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National Debt Advisors<br />

Fighting For Consumer Justice<br />

Tel: 021 007 1688<br />

www.nationaldebtadvisors.co.za<br />

Credit Matters<br />

South Africa’s Leading<br />

Debt Counsellors<br />

14th Floor, The Pinnacle<br />

Cnr Strand & Burg St<br />

Cape Town<br />

Tel: 086 111 6197<br />

Fax: 021 425 6292<br />

info@creditmatters.co.za<br />

GAUTENG<br />

Armani Debt Counselling<br />

Take the First Step<br />

to Financial Freedom<br />

Tania Dekker<br />

Tel: 011 849 3654 / 7659<br />

www.armanigroup.co.za<br />

Dynamix Debt Counselling TLC<br />

Alida Christie NCRDC2324<br />

Office 1, 34 Beefwoodstreet,<br />

Vanderbijlpark, 1911<br />

Tel: 079 520 4369<br />

Tel: 016 100 8020<br />

tlcdebt@mweb.co.za


Specialist Debt Management Centre<br />

Beverley Ludick, NCRDC948<br />

Pretoria<br />

Tel: 012 377-3557<br />

Email: obligco@gmail.com<br />

Email: dc@obligco.co.za<br />

www.obligco.co.za Tel: 0861 123 644<br />

Email: info@debtrescue.co.za<br />

Creators In Financial Wellbeing<br />

NCRDC677<br />

You Are Not Alone<br />

We’ll handle your creditors so you<br />

don’t have to!<br />

1 Dingler Street, Rynfield, Benoni<br />

0861 10 11 00<br />

info@debtmend.co.za<br />

www.debtmend.co.za<br />

NCRDC197<br />

Tel: 011 660 9970<br />

Fax: 086 540 5017<br />

KRUGERSDORP<br />

e-mail: nicky@nvdmdc.co.za<br />

www.nvdmdc.co.za<br />

All Debt Solutions<br />

Fast tracking your financial freedom<br />

Tel: 0861 255 3328 / 021-557 9981<br />

Email: info@allds.co.za<br />

www.alldebtsolutions.co.za<br />

https://www.facebook.com/<br />

alldebtsolutions


National Debt Advisors<br />

Fighting For Consumer Justice<br />

Tel: 021 007 1688<br />

www.nationaldebtadvisors.co.za<br />

Credit Matters<br />

South Africa’s Leading<br />

Debt Counsellors<br />

14th Floor, The Pinnacle<br />

Cnr Strand & Burg St<br />

Cape Town<br />

Tel: 086 111 6197<br />

Fax: 021 425 6292<br />

info@creditmatters.co.za<br />

KWAZULU-<br />

NATAL<br />

Tel: 0861 123 644<br />

Email: info@debtrescue.co.za


National Debt Advisors<br />

Fighting For Consumer Justice<br />

Tel: 021 007 1688<br />

www.nationaldebtadvisors.co.za<br />

Credit Matters<br />

South Africa’s Leading<br />

Debt Counsellors<br />

14th Floor, The Pinnacle<br />

Cnr Strand & Burg St<br />

Cape Town<br />

Tel: 086 111 6197<br />

Fax: 021 425 6292<br />

info@creditmatters.co.za<br />

FREE STATE<br />

Tel: 0861 123 644<br />

Email: info@debtrescue.co.za


National Debt Advisors<br />

Fighting For Consumer Justice<br />

Tel: 021 007 1688<br />

www.nationaldebtadvisors.co.za<br />

Credit Matters<br />

South Africa’s Leading<br />

Debt Counsellors<br />

14th Floor, The Pinnacle<br />

Cnr Strand & Burg St<br />

Cape Town<br />

Tel: 086 111 6197<br />

Fax: 021 425 6292<br />

info@creditmatters.co.za<br />

LIMPOPO<br />

SMS Salary Management Services<br />

Annerien de Jager<br />

Registered Debt Counsellor<br />

NCRDC0075<br />

015 307 2772<br />

info@smslimpopo.co.za<br />

Tel: 0861 123 644<br />

Email: info@debtrescue.co.za


National Debt Advisors<br />

Fighting For Consumer Justice<br />

Tel: 021 007 1688<br />

www.nationaldebtadvisors.co.za<br />

Tel: 0861 123 644<br />

Email: info@debtrescue.co.za<br />

MPUMALANGA<br />

Credit Matters<br />

South Africa’s Leading<br />

Debt Counsellors<br />

14th Floor, The Pinnacle<br />

Cnr Strand & Burg St<br />

Cape Town<br />

Tel: 086 111 6197<br />

Fax: 021 425 6292<br />

info@creditmatters.co.za


National Debt Advisors<br />

Fighting For Consumer Justice<br />

Tel: 021 007 1688<br />

www.nationaldebtadvisors.co.za<br />

Credit Matters<br />

South Africa’s Leading<br />

Debt Counsellors<br />

14th Floor, The Pinnacle<br />

Cnr Strand & Burg St<br />

Cape Town<br />

Tel: 086 111 6197<br />

Fax: 021 425 6292<br />

info@creditmatters.co.za<br />

NORTH WEST<br />

Tel: 0861 123 644<br />

Email: info@debtrescue.co.za


National Debt Advisors<br />

Fighting For Consumer Justice<br />

Tel: 021 007 1688<br />

www.nationaldebtadvisors.co.za<br />

Credit Matters<br />

South Africa’s Leading<br />

Debt Counsellors<br />

14th Floor, The Pinnacle<br />

Cnr Strand & Burg St<br />

Cape Town<br />

Tel: 086 111 6197<br />

Fax: 021 425 6292<br />

info@creditmatters.co.za<br />

NORTHERN CAPE<br />

Tel: 0861 123 644<br />

Email: info@debtrescue.co.za


National Debt Advisors<br />

Fighting For Consumer Justice<br />

Tel: 021 007 1688<br />

www.nationaldebtadvisors.co.za<br />

Credit Matters<br />

South Africa’s Leading<br />

Debt Counsellors<br />

14th Floor, The Pinnacle<br />

Cnr Strand & Burg St<br />

Cape Town<br />

Tel: 086 111 6197<br />

Fax: 021 425 6292<br />

info@creditmatters.co.za<br />

EASTERN CAPE<br />

Debt Counselling Group SA<br />

Affordable Assistance with offices across<br />

the EASTERN CAPE.<br />

Casper Francois le Grange<br />

NCRDC 1560 / CALL: 086 100 1047<br />

Offices:<br />

East London: Shop 7, New Colonnade<br />

Building, Devereux Av, Vincent<br />

Port Elizabeth: Room 302, Pier 14, 444<br />

Goven Mbeki Av, North End<br />

Queenstown: Office 107, Nedbank<br />

Building, 89 Cathcart Road<br />

King Williams Town: Office 4, 49 Eales<br />

Street<br />

E-mail: help@dcgsa.co.za<br />

www.dcgsa.co.za<br />

www.facebook.com/dcg.southafrica<br />

Tel: 0861 123 644<br />

Email: info@debtrescue.co.za


DON’T WORK WITH AN OUT<br />

DATED VERSION OF THE ACT<br />

UPDATED<br />

2015<br />

We are happy to announce that the Amended National Credit Act booklet<br />

is now available via our shop.<br />

Get the latest version for only R250.00<br />

ORDER NOW<br />

http://debtfreedigi.co.za/product/pocket-sized-national-credit-act-booklet/


WEBSITE | www.debt-therapy.co.za<br />

debt therapy<br />

integrity guaranteed<br />

debt therapy is registered with NCR | NCRDC49<br />

National Debt Advisors<br />

Fighting For Consumer Justice<br />

Tel: 021 007 1688<br />

www.nationaldebtadvisors.co.za<br />

Drastically reduce your monthly<br />

debt repayments<br />

Let US help 0861111863<br />

Regain control of your finances<br />

www.debt-therapy.co.za<br />

WESTERN CAPE<br />

CONSOLIDEBT<br />

Heidie Knorr NCRDC209<br />

Paarl, Worcester, Wellington, Ceres,<br />

Piketberg, Clanwilliam, Vredendal<br />

Tel: 021 863 2754 / 082 380 4401<br />

consolidebt@vodamail.co.za<br />

Encouraging Freedom, Creating Wealth<br />

Etienne Pieterse (NCRDC 2210)<br />

Tel. (021) 826-2699<br />

etienne@financialfreedomsolutions.co.za<br />

www.financialfreedomsolutions.co.za


CONSUMER<br />

& Solution Centre<br />

NCRDC2452<br />

ISISEKO DEBT HELP<br />

Get Your Life back on track<br />

TEL: 087 230 0223<br />

FAX: 086 551 1649<br />

EMAIL: makanti@isiseko.co.za<br />

WEB: www.isiseko.co.za<br />

DEBT REVIEW AND<br />

SUPPORT CENTRE<br />

Annienne Nel NCRDC2452<br />

Kairo’s House, 22 Fairfield<br />

Southstreet, Parow, 7550<br />

Office: 021 930 5791<br />

Cell: 082 641 2328<br />

Fax: 086 563 3264<br />

e-mail: info@debtcentre.co.za<br />

www.debtcentre.co.za<br />

NCRDC1142<br />

No 2 Golden Isle Building<br />

281 Durban Road, Oakdale,<br />

Bellville, 7535<br />

Tel: 086 111 3749<br />

Email: help@zerodebt.co.za<br />

www.zerodebt.co.za<br />

Credit Matters<br />

South Africa’s Leading<br />

Debt Counsellors<br />

14th Floor, The Pinnacle<br />

Cnr Strand & Burg St<br />

Cape Town<br />

Tel: 086 111 6197<br />

Fax: 021 425 6292<br />

info@creditmatters.co.za<br />

All Debt Solutions<br />

Fast tracking your financial freedom<br />

Tel: 0861 255 3328 / 021-557 9981<br />

Email: info@allds.co.za<br />

www.alldebtsolutions.co.za<br />

https://www.facebook.com/<br />

alldebtsolutions<br />

Debt Budget<br />

One Monthly Payment For All Your Debt<br />

Bruce Leslie Borez<br />

NCRDC1643<br />

52 Church Street,<br />

“NBS Building”,Wynberg<br />

Tel: 021 824 8885<br />

www.debtbudget.co.za


WESTERN CAPE<br />

Tel: 0861 123 644<br />

Email: info@debtrescue.co.za


don’t be a twit<br />

http://twitter.com/<strong>Debtfree</strong>_<strong>DIGI</strong>


SUPPORT SERVICES<br />

Akani Solutions<br />

Information Data Solutions<br />

lana Van Herwaarde,<br />

DC Operation Centre (PTY)<br />

Tel: 0867227405 Email:<br />

info@dcoperations.co.za<br />

www.dcoperations.co.za<br />

Credit Report App<br />

Access Your Credit Bureau Report<br />

Instantly on Your Phone<br />

DCs help your clients use it during<br />

application & to protect their ID<br />

ID Protector<br />

Detect ID Theft or possible ID Fraud<br />

Subscribers notified by SMS when number is activated<br />

DEBT<br />

086 126 6562<br />

debt@one.za.com<br />

www.one.za.com<br />

info@akanisolutions.co.za<br />

www.akanisolutions.co.za


COMING SOON<br />

TRAINING<br />

COMING SOON<br />

FINANCIAL PLANNING


LEGAL<br />

Liddles & Associates<br />

“It always seems impossible until it<br />

is done” N. Mandela<br />

(T) 021 930 5790<br />

(F) 0866070940<br />

(E) frontdesk@liddles.co.za<br />

www.liddles.co.za<br />

Steyn Coetzee Attorneys /<br />

Prokureurs<br />

Adri de Bruyn<br />

11 Market Street / Markstraat 11,<br />

Paarl, 7646<br />

Tel: 021 872 1968<br />

Fax: 021 872 2678<br />

adri@steyncoetzee.co.za<br />

RM Brown and Associates<br />

16th Floor, The Pinnacle<br />

Cnr Strand & Burg St<br />

Cape Town<br />

Tel: 021 202 1111, f: 021 425 0875<br />

Email: roger@rmbrown.co.za


Your Debt Counselling Attorneys<br />

Johannesburg | Cape Town<br />

Kim Armfield<br />

Attorney & Family Law Mediator<br />

Address: Unit 1B, FinansHuis, 7<br />

Voortrekker Road, Bellville<br />

Tel: 021 949 1758 / 021 945 2526<br />

Office cell: 084 8588 284<br />

kim@legalwc.co.za<br />

Andre Van Zyl<br />

021 494 4862<br />

info@bassonvanzyl.com<br />

www.bassonvanzyl.com<br />

COMING SOON<br />

CREDIT BUREAUS


PAYMENT DISTRIBUTION AGENCIES<br />

DC Partner<br />

044 873 4530<br />

Hyphen PDA<br />

011 303 0060<br />

NPDA<br />

0861 628 628


Telephone: 031 251 4150<br />

Fax: 031 251 4252<br />

GENERAL CONTACT DETAILS (FIRST POINT OF CALL)*<br />

17.1‘s, 17 .2’s, 17.3’s, Rejections and 17 .W’s, Change or<br />

Transfer of Debt Counsellor<br />

Proposals / Revised Proposals / Consents /<br />

Related Queries<br />

Notice of Service / Court Applications<br />

Updated Balances / Settlements / General Queries<br />

Section 86(10) Letters and All Related Queries<br />

nca@consumerfriend.co.za<br />

proposal@consumerfriend.co.za<br />

court@consumerfriend.co.za<br />

queries@consumerfriend.co.za<br />

terminations@consumerfriend.co.za<br />

ESCELATION CONTACT DETAILS*<br />

Complaints / Service Delivery / Management<br />

17.1‘s, 17 .2’s, 17.3’s, Rejections and 17 .W’s,<br />

Change or Transfer of Debt Counsellor<br />

Proposals / Revised Proposals / Consents /<br />

Related Queries<br />

Notice of Service / Court Applications<br />

Updated Balances / Settlements / General Queries<br />

ryan@consumerfriend.co.za<br />

justin@consumerfriend.co.za<br />

charlene@consumerfriend.co.za<br />

charlene@consumerfriend.co.za<br />

roderick@consumerfriend.co.za<br />

diane@consumerfriend.co.za<br />

*Please do not CC multiple email addresses.


CAPITEC CONTACT DETAILS<br />

Form 17’s<br />

Proposals<br />

Court documents<br />

General Queries<br />

Refund Requests /<br />

Cancellation of Debit Orders<br />

Complaints<br />

Insurance Certificates<br />

ccsforms17@capitecbank.co.za<br />

ccsproposals@capitecbank.co.za<br />

ccsdebtrevieworders@capitecbank.co.za<br />

ccsdebtreviewqueries@capitecbank.co.za<br />

ccsrefundrequests@capitecbank.co.za<br />

ComplaintManagement@capitecbank.co.za<br />

coming soon<br />

Sharecall Contact Number 086 066 7783 - Select Option 2<br />

ESCALATION PROCESS<br />

COMING SOON


Debt Review DepartmentEmail Address<br />

Turnaround Time<br />

Contact Details Standard Bank Debt Review<br />

Debt Review Call Center: 0861 111 525 or 0861 111 402<br />

Debt Review Documents*:<br />

DRApplications@standardbank.co.za<br />

Debt Review Service requests: debtreviewservices@standardbank.co.za 5 days<br />

Debt Review payment queries: DRPayments@standardbank.co.za 7 days<br />

Debt Review administrative requests**: DebtReviewAdmin@standardbank.co.za 5 days<br />

Debt Review complaints and escalations: debtreviewcomplaints@standardbank.co.za 5 days<br />

Reckless Lending Allegations<br />

recklesslendingallegations@standardbank.co.za<br />

*Debt Review documents: Form 17.1; Form 17.2; Proposals; Court Applications; Court Orders<br />

**Debt Review Admin related requests: debit order cancellations; statement requests ; refunds; paid up<br />

letters; account closure instructions; settlement balances; or outstanding balances<br />

Other Standard Bank areas<br />

Credit Card 086120 1000<br />

Diners Club 0113588400 / 0860346377<br />

Vehicle Asset Finance Recoveries 0861102347<br />

Vehicle Asset Finance Collections 0861102347<br />

Home Loans Pre Legal 0860102270<br />

Home Loans Customer Service 0860123001<br />

Standard Bank Insurance 0860123911<br />

Deceased Estates 0861001868


ABSA TASK SPECIFIC DEBT<br />

ABSA TASK SPECIFIC DEBT REVIEW ENTRY POINTS<br />

REVIEW ENTRY POINTS<br />

Form 17.1<br />

DRCOB@absa.co.za<br />

Debit Order Cancellations<br />

Debitordercancellations@absa.co.za<br />

Proposals<br />

DRProposals@absa.co.za<br />

Exits from Debt Review<br />

17.4@absa.co.za<br />

All Court Documents<br />

Courtapp@absa.co.za<br />

DC Switches<br />

DCTransfere@absa.co.za<br />

Termination Queries<br />

DRTerminations@absa.co.za<br />

Queries<br />

debtreviewqueries@absa.co.za<br />

Escalated Queries<br />

debtreviewmanager@absa.co.za<br />

Call Centre<br />

0861 222 272


FNB Debt Review Centre Escalation Process<br />

FIRST POINT OF CONTACT VIA THE FOLLOWING MEANS:<br />

Call Centre: 087 730 1166<br />

Email: FRBDebtReviewCentre@firstrand.co.za<br />

Fax: 086 011 7532<br />

FIRST ESCALATION – AFTER 48 HOURS:<br />

Onboarding - New applications and Certificates of Balance:<br />

Kagiso Tlhoaele – KTlhoaele@fnb.co.za<br />

Document Management – Sorting & Uploading, Indexing, campaigns<br />

Zanobia Phillips – Zanobia.Phillips@fnb.co.za<br />

Queries: Charlene Antoni – CAntoni@fnb.co.za<br />

Call Centre: Charlene Antoni – CAntoni@fnb.co.za<br />

Terminations, Re-instatements and Missing Payments:<br />

Zanele Masilela –MasilelaZ@fnb.co.za<br />

Pro-Rata Proposals: Pamella Sithole – Pamella.Sithole@fnb.co.za<br />

DCRS and Final Proposals: Sabelo Mkabela – SMkabela@fnb.co.za<br />

Notices of Set Down/Instructions: Abraham Booysen - BooysenA@fnb.co.za<br />

Court Orders/Reviews: Joyce Machethe - JMachethe@fnb.co.za<br />

SECOND ESCALATION – AFTER 72 HOURS:<br />

New applications, Certificate of Balance, Queries and Call Centre:<br />

Karen van Musschenbroek – KVanMusschenbroek@fnb.co.za<br />

Withdrawals, Terminations,Re-instatements and Missing Payments:<br />

Faadiel Toffie – FToffie@fnb.co.za<br />

Proposals, Notices and Court Orders:<br />

Karen van Musschenbroek – KVanMusschenbroek@fnb.co.za<br />

THIRD ESCALATION:<br />

Athaly Khan – AKhan5@fnb.co.za


DC Query Process DC Query Process<br />

www.nedbank.co.za


AFRICAN BANK CONTACT DETAILS<br />

011 256 9323<br />

DebtCounselling@africanbank.co.za<br />

ESCALATION PROCESS<br />

COMING<br />

SOON

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