Debtfree Magazine August 2018

SOUTH AFRICA’S DEBT COUNSELLING MAGAZINE 

RECKLESS 

LENDING 

ARE YOU A VICTIM? 

August 2018 

www.debtfreedigi.co.za

5

Why won’t this winter ever 

end? It’s almost spring already. 

Seriously! It just feels like things 

are dragging their heels. At the 

same time, the year is almost ¾ 

done. Can you believe that? Time 

sure flies when you are busy and 

cold. If the Debt Review Awards 

signal the middle of the year to 

the industry, then the DCASA 

Conference, which was held in 

August, signals that we have very 

little year left. Before we realize 

it December will be upon us and 

then the dreaded January cash 

crunch. So, watch out! 

This month we are looking at the topic 

of reckless lending. No, not ‘reckless 

borrowing’ - where consumers go 

and try get a loan they know they 

can’t really afford. That’s a whole 

different ball game and a topic for 

another day. Rather, we are looking 

at things from a mainly credit 

provider perspective. We explain 

what reckless credit is and why 

some consumers actually have their 

debts written off. Could you be one 

of those people? Now getting debt 

written off may sound fantastic but it 

is not easy to establish if something 

is or isn’t actually reckless. These 

matters are so sensitive they actually 

have to be decided by a Judge or 

Magistrate. We discuss why that is 

the case and also why consumers 

need to rely heavily on their Debt 

Counsellors when this topic comes 

up. 

We also have a bunch of recent 

industry and economy news, articles 

with consumer advice, interviews 

with some new role players within the 

industry and some very interesting 

court cases which could directly 

impact on your debt. 

For those who did not get to attend 

the recent Debt Counsellors of South 

Africa annual conference we get a 

quick round up of the day and what 

was said and who was there (or not 

there). The event is one of the largest 

meetings of Debt Counsellors each 

year and was once again well 

attended this year. The rather hot 

topic of Debt Intervention came up 

and you probably want to check out 

what was said about that (hint: it 

wasn’t too optimistic).

The debt review process, much like 

the year, starts off like a rocket, with 

lots of changes and excitement. Over 

time, however, things seem to slow 

down and start dragging on and on 

without any end in sight. Don’t be 

fooled though. 

FROM 

THE 

E 

Each month is taking you closer and 

closer to the end of the process. You 

might not be too aware of it but the 

end of the process can roll up on 

you suddenly and much like spring 

might be here before you realize it. 

D 

IT 

O 

R 

So, keep on ‘keeping on’. Make 

those debt review payments. Learn 

more about the process and how to 

manage your finances and before 

you know it you will be basking in 

the warmth of finally being totally 

debt free.

RECKLESS CREDIT 

C 

O 

NTENTS 

JOB 

HUNTING 

PDA 

PROFILE 

NEWS 

SERVICE 

DIRECTORY 

DISCLAIMER 

Debtfree Magazine considers its sources reliable 

and verifies as much information as possible. 

However, reporting inaccuracies can occur, 

consequently readers using this information do 

so at their own risk. Debtfree Magazine makes 

content available with the understanding that 

the publisher is not rendering legal services or 

financial advice. Although persons and companies 

mentioned herein are believed to be reputable, 

neither Debtfree Magazine nor any of its 

employees, sales executives or contributors accept 

any responsibility whatsoever for their activities. 

Debtfree Magazine contains material supplied to 

us by advertisers which does not necessarily reflect 

the views and opinions of the Debtfree Magazine 

team. No person, organization or party can copy 

or re-produce the content on this site and/or 

magazine or any part of this publication without 

a written consent from the editors’ panel and the 

author of the content, as applicable. Debtfree 

Magazine, authors and contributors reserve their 

rights with regards to copyright of their work.

JOB SEARCH ADVICE 

One of the reasons why many families have to enter debt review is 

because of one member of the family losing employment. When your 

income takes a serious knock it is hard to make ends meet, never 

mind pay all your creditors. Fortunately debt review can help during 

your hunt for new employment. 

But in an environment where 1 out of 4 are unemployed countrywide, 

competition for jobs can be tough. Here is some advice from job searching 

Guru Gerard Le Roux about looking for work and your daily routine while 

doing so: 

Job Hunting: Do you find it... 

Gutwrenching? Stressful? Panic inducing? 

Whether you are younger and still live at home or you’re an exec, with no 

current job, in your 50s, wondering if ‘this is it’ (but you’re not ready for 

that… not mentally and definitely not financially!), the question is: 

What can you do? 

How can you cope?

Whoever you are you can benefit by having a good routine. 

A good active routine is key to success. Not only in life in general but in 

having the right mindset for searching for new employment. 

Wake up early. Read something positive. Get some exercise. Eat healthy. 

Work on yourself. Remember the good you’ve done in the past. Create a 

very clear vision of what you want your future to be. Picture yourself making 

a difference. Embrace the feeling of being successful in achieving something 

meaningful. Feel it! Plan some home improvement or get going on a home 

organisation project. Help a charity on a Saturday morning. Tutor some kids 

in Maths. 

It’s hard. But you have to put one foot in front of the other. Do good stuff for 

you and do good stuff for others. 

The WORST thing you can possibly do is sit around the house in your pajamas 

and wait for the phone to ring, while surfing for jobs online. 

Check out Gerard’s Facebook page with lots of free stuff 

to help in your job search here: 

https://www.facebook.com/kickassjobsearch

RECKLESS 

LENDING 

ARE YOU A VICTIM?

RECKLESS 

LENDING 

When the National Credit Act was being drafted, credit providers 

panicked at a new provision in the act which addressed the practice 

of giving credit to consumers who could not realistically afford to 

repay it. 

New provisions were made to postpone or even write off the debt. Credit 

Providers were very concerned since, from the beginning of time, consumers 

have come to credit providers when they do not have enough money, not 

when they have nearly enough, and definitely can repay it over time. Most 

of the collections industry was dependant on consumers being given loans 

they would default on, and then making a huge profit off the collections 

process. Consumers who defaulted were liable for, not only legal and 

collections costs but, also extra fees and interest. This new provision was 

a game changer.

The end of 2006 and early 2007 saw a huge drive by credit providers to 

offer credit and credit limit increases to everyone they could get their hands 

on. To this day we have more credit users in South Africa than employed 

people. This is somewhat a testament to these last minute efforts. 

When the Act (NCA) came into effect, so did this provision. Thus credit 

granted before 2007 is not subject to this provision but all credit granted 

since is. Over a decade has passed and surprisingly not many high profile 

reckless lending cases have been heard. In fact, you may know a little 

about the topic but not be entirely sure what it is and how it works. 

Have you been a victim of reckless credit granting? What does this mean? 

Could you have your debts written off? 

DID YOU KNOW? 

If you were granted credit recklessly, it can be postponed or totally 

written off by a court. You would then not have to repay a cent more 

toward that debt. The court can also order that all the payments 

you already made be refunded to you. The National Consumer 

Tribunal can fine Credit Providers for granting credit recklessly. 

NOTE: It is important to acknowledge that credit providers have made 

big changes to try to avoid reckless credit since the NCA came into effect. 

In addition to this, the National Credit Regulator (and DTI) have pushed 

for stricter lending criteria and assessment requirements. Not all credit 

you cannot afford is “reckless”, and just because people become over 

indebted does not mean they were when they first gained access to credit. 

Things change, the unexpected happens and this is a common cause for 

consumers ending up in need of help or debt counselling.


WHAT IS 

RECKLESS 

CREDIT? 

Credit is defined as “reckless” for a variety of reasons, not just if 

you can afford it or not. This is something many people forget. Here 

are some of the reasons as set out in the National Credit Act (& 

regulations): 

The consumer was given credit which the credit provider knew they 

could not realistically afford to repay. 

This is the big one. This is what most people think of when discussing this 

topic. A greedy or foolish sales agent at the credit provider gets all the 

consumers information and works out that the consumer is probably going 

to fail to make the required payments each month. Regardless, knowing 

the consumer will eventually default, the agent grants the credit.

Credit Providers have adjusted their computer systems to try to avoid this, 

but most times, these are open to some human manipulation to ‘get it 

to work’ regardless. A classic example was a credit provider whose staff, 

many times, captured customers monthly household running costs as R850/ 

month regardless of the size of the family. This figure pleased the software 

and allowed the staff to grant credit, meet targets and earn commission 

(even though the consumers would later default). 

The consumer was given credit which the credit provider should have 

known they could not realistically afford to repay. 

When you apply for credit, the credit provider will ask you to share your 

monthly running costs with them. They will also draw a credit report and 

see who else you are paying each month. They will ask for proof (of some 

sort) of your income. 

Math’s then allows them to take your income (which they can see on your 

bank statements and payslip) and subtract your other debt repayments 

(which they can see on your credit report) as well as your monthly household 

running costs (which they can see from your bank statement and your 

application form). 

Even if you ‘fudge’ your figures a little on the form (hey, mistakes happen) 

the information they have access to, will show them whether you can afford 

the credit or not. If you can’t, and they grant the credit anyway, perhaps due 

to laziness in not checking the figures properly, then the credit is reckless.


MYTH BUSTED: 

‘TOTAL DEFENSE’ 

Many credit providers think that if you are not 100% honest or 

accurate in the form you fill in with them, that they have a ‘complete 

defense’ against reckless credit. This is simply not true. 

If they had enough info to check what you told them (even if slightly 

inaccurate) and grant you credit that you cannot afford then they made a 

mistake and breached the requirements of the NCA. 

Eg. A wife applies for new credit, not realizing her husband has run up secret 

debt due to his gambling habit. She hands in the requested documentation 

and completes the credit application form which asks about their other 

debts, but does not include the secret debt. She also forgets about their 

monthly insurance debit order which comes off her husband’s account. 

The credit provider draws a credit report on them and sees the extra hidden 

debt noticing it is not included in the list of debts she has mentioned. 

They also see the monthly insurance deduction on the husband’s bank 

statements.

If the calculations show that the couple cannot actually repay the new 

credit she is applying for, the credit provider should not grant the credit. If 

they do, based only on the incomplete figures which she gave them and 

not all the information they have, then the credit is reckless.

South Africa’s 

leading Debt Counsellors 

since 2007 

Start getting out 

of debt today! 

www.creditmatters.co.za 

Call our national 

call centre on 

086 111 6197


UNDERSTANDING 

YOUR OBLIGATIONS 

Many consumers who default on bond or vehicle repayments are 

horrified that the creditor has the legal right to go to court and get 

a judgment, which ultimately allows them to not only to sell the 

asset but also collect on the left over debt for up to 30 years. This is 

because they never understood the agreement they were signing. 

A frequently overlooked reason why credit may be reckless is when the 

consumer did not fully understand the obligation they were taking on. This 

can happen for a variety of reasons.

The Pre Agreement (quote) and Credit Agreement (contract) may have 

been in a language that the consumer is not able to read well. Many 

times consumers are just too happy, and too desperate, to even read the 

contract. Some will sign the agreement even if it is in a language they 

cannot read. Others cannot read at all and yet will still sign, simply trusting 

that the credit provider knows best. 

Can you clearly define difficult terms like: 

Default; 

Litigation; 

Interest; 

Residential; 

Notification 

If not, then how could you fully understand and agree to a contract which 

uses these terms? The NCA (and other laws) requires that consumers 

actually understand what they are agreeing to if not, the account may be 

reckless.

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MISSING INFO 

OR SIGNATURES 

There are a number of other reasons which may make credit 

reckless such as: did the consumer actually get the legally required 

pre-agreement quote or not? Did the pre-agreement have all the 

information about all the costs included in it? Did they initial or 

sign the pre-agreement and/or the contract document. Were only 

some pages initialed and not others? 

These small but significant things also determine if credit was granted 

recklessly or not. It is not just about whether the consumer could afford 

the debt at the time or not. That is too simplistic and narrow a view of the 

requirements of the NCA.


WILL YOUR DEBT 

BE WRITTEN OFF? 

When consumers apply for Debt Review then they can ask their Debt 

Counsellor to look for reckless credit. 

At present, the onus in the NCA is on the consumer to ask. If a Debt 

Counsellor investigates and finds something that looks suspicious they can 

approach the court with the information they have been able to gather, 

and ask the court what they think. 

NOTE: a Debt Counsellor does not find the matter to be reckless but rather 

can aver or suggest to the court that it may be reckless. The court is then 

empowered under the Act to find the credit reckless or not. 

Whenever any court in SA considers a matter about any credit agreement, 

they can have it investigated to see if it may be reckless. 

If a court finds the debt to be reckless, they have a few choices. Most 

consumers hope that the court will say that the debt no longer has to be

epaid, and perhaps even that the credit provider has to give back all the 

payments which have already been made. This can and has happened 

in the past. It is seen as a way that Credit Providers can be punished and 

taught not to grant credit recklessly again in the future. 

More frequently, however, many courts are now simply delaying repayment 

on these particular debts until the consumer’s other debts are repaid 

through debt review. Then payments on this reckless debt would start up 

again.


WHY SO FEW 

RECKLESS 

CREDIT CASES? 

There have been one or two high profile cases where a pensioner 

ended up not having to pay off a bond, or where the National Credit 

Regulator severely punished a major bank but these cases are few 

and far between. Why?

Cost & Credit Provider 

Push Back 

Debt Counsellors find that as soon 

as they mention that an account 

could possibly be “reckless” then 

the credit provider sends a huge 

legal team and really delays and 

fights the debt review application 

in an effort to bury the matter. This 

means the consumer is unable to 

benefit fully from debt review and 

often prevents them from getting 

a court order to protect their other 

assets. It also means very big legal 

costs for the case. Debt Review 

consumers cannot readily afford 

these, especially if it is a small debt. 

Settling Out of Court 

Rather than extensive legal battles, 

many times a Credit Provider will 

make a brilliant offer on the possibly 

reckless account, or may even offer 

to write off the debt themselves 

rather than let the court rule on the 

matter (court cases are never cut 

and dry and things can always go 

either way). This is something Debt 

Counsellors also need to keep in 

mind. They do so because they do 

not want to face possible fines of 

a Million Rand at the NCT over a 

small credit amount.

Credit Providers May 

Not have the Original 

Documents 

Delayed Payments 

Remove the Incentive 

Some courts now delay payments 

on these reckless accounts. It may 

cost many thousands of rand to 

prove that a small debt is reckless 

and then the court simply delays 

payment. This means that the 

consumer ends up worse off than 

if they had simply paid the account 

normally through debt review (with 

the relevant discounts and benefits). 

Debt Counsellors and their clients 

are forced to analyze the cost to 

benefit ratio and make a choice. 

When Debt Counsellors ask for the 

original documents to see what the 

consumer did or didn’t sign, they 

are often met with silence or non 

cooperation. This could simply be 

because the credit providers cannot 

find or do not actually no longer have 

the original documents. Some have 

tried to pass off similar documents 

signed by other people at the time. 

Not too long ago, a huge bank in 

the USA got into huge trouble for 

providing fake contract documents, 

which a company in Mexico had 

made up for them. They simply no 

longer had the original documents. 

No documents equals no actual 

contract, this is scary for Credit 

Providers. When credit providers do 

not cooperate and provide these 

documents, it may be a sign that the 

agreement is reckless.


INCENTIVIZING 


INVESTIGATIONS 

One of the highest profile cases involved the NCR asking the NCT to 

fine African Bank, who had revealed what was happening at their 

Dundee branch where credit had been recklessly granted. The banks 

shares nose dived, the CEO quit and the bank folded within a short 

time. 

Then the whole issue of consumers losing their life savings came up, and 

the bank had to be shut down, split up and eventually relaunched as a new 

credit provider with the same name (and same staff and same branding). 

Other cases have not been as successful. 

Overall, Government has been disappointed that there have been so few 

reckless credit matters. They would like to see more.

The NCR recently made a bold move to try to get Debt Counsellors 

motivated to investigate reckless credit. Debt Counsellors reported to the 

NCR that a reckless credit application doubles the amount of time and 

resources required to do a debt review application. The NCR updated their 

suggestion on Debt Counselling Fees and included an amount of R1500 

to be paid to the Debt Counsellor if they investigate reckless credit. 

It is no surprise then that Debt Counsellors followed this cue from the 

Regulator, and began to do so even though this fee is small. There has 

since been a lot of complaints from credit providers over this, as some 

have received hundreds of requests for additional account information as 

a result. The big banks have tried to get the NCR to get Debt Counsellors 

not to ask them for information on accounts, as this is expensive for them 

to find and difficult for them to get. They have made several proposals at 

the Credit Industry Forum to try reduce these requests. 

DebtSafe, a debt counselling firm, reports in their quarterly Reckless 

Lending Indicator that they investigated 5591 cases between 1 April 2018 

and July 2018. Their findings in those cases showed that as many as 40% 

may indeed be reckless. They report that they have really struggled to 

obtain many of the needed documents to fully clarify if this is the case or 

not. 

Note: The NCR has released a non binding opinion (or guideline) on 

their 2009 NCR Task Team Report which requires that every account 

in debt review be investigated for reckless regardless of whether the 

consumer asks for it or it appears to be dodgy. The NCR say each 

account must be investigated. Thus Debt Counsellors who decide to 

follow the NCR opinion will all be charging this fee on every matter.


POTENTIAL 

AMENDMENTS 

TO THE NCA 

– RECKLESS 

LENDING 

Many consumers are as excited about the prospect of ‘Debt intervention’ 

which may be included in the National Credit Act as they were many 

years ago about reckless credit. There is a wild hope that all their 

debts will be written off as was speculated about reckless lending.

One of the more worrisome parts of the new bill which has Debt Counsellors 

concerned, is that it may become a punishable offence (meaning fines or 

prison time) if they do not report any matter which may be reckless. As we 

have seen an account may be reckless for many reasons and not just if a 

consumer could not afford to repay the debt at the time. 

Did the consumer sign every page of the agreement? Did the Credit Provider 

actually draw a credit bureau report? Did the consumer understand every 

phrase in the agreement or not? If in doubt, Debt Counsellors may have 

to take the safe route and report that every account they see may in some 

way be reckless, but they were unable to make a full determination and 

recommendation with the info they had at the time. 

They would then have to report this to the NCR who would be swamped 

by thousands of such reports each month (anywhere from 70000 to 140 

000 reports each month). This would then bury the NCR in paper and 

pretty much defeat the actual intent of the bill. However, when faced with 

the choice between being reasonable or being 100% sure of not going to 

jail or being fined Debt Counsellors will make the obvious choice. 

Some experts say that if the draft bill becomes law, even more Debt 

Counsellors will leave the shrinking industry (over the last 2 years the NCR 

has reduced the amount of Debt Counsellors by 50%) as a result.


HAVE YOU BEEN 

A VICTIM OF 

RECKLESS 

LENDING? 

It is entirely possible that some of your credit accounts may have 

been granted recklessly. This means that a court could order that 

this account be written off or the payments postponed. 

Though it seems that it is best to have each account investigated (and 

this could become the norm in the future) it could also result in legal 

fees which are much higher than you are able to financially cope with (in 

some cases as much as R25 000). In addition, the benefits could end up 

being minimal compared to the risks it brings to your overall debt review 

application. You could spend all that money, and run additional risks, just

to have payments postponed for a while or you could lose the case and 

end up having to pay the credit providers fancy lawyer’s bills. A balanced 

and practical approach to this topic is typically best. 

Your Debt Counsellor will know more about the particular credit providers 

involved, the court the matter will go to, and the likelihood of any benefit 

in investigating the account. If you ask for an investigation, it will of course 

happen, but it is good to rely on their experience and expertise in these 

matters and not to get your hopes up of an easy debt write off.

DEBT REVIEW 

SCHOOL 

Multiple Choice: 

In the Debt Review Industry: 

PDA stands for 

(a) Public Display of Affection 

(b) Payment Distribution Agency 

(answer on the next page)

Jothie Bechoo 

ATTORNEYS & DEBT 

COUNSELLOR 

Taking care of all your legal needs 

Specialising in Debt Review Applications 

for Debt Counsellors/Attorneys 

Our offices personally attends to debt 

review applications in the following 

courts: 

Durban 

Pinetown 

Chatsworth 

Verulam 

Ntuzuma 

We aim to have debt review orders 

granted at the first court appearance 

We avoid unnecessary adjournments 

Our fees are reasonable 

We have six years’ experience in Debt 

Review applications 

We assist clients in Rescission of Debt 

Review orders & administration orders 

Suite 7 Gladstone Court 

103 Smiso Nkwanyana [Goble] Road 

Morningside 

Durban 

Tel: 031 303 1004 

Mobile: 076 835 2810 

Email: jbechoo@jb-attorneys.co.za 

Also specializes in: 

Deceased Estates, Wills, Divorces, Ante Nuptial Contracts, Correspondent Attorney, Rescissions

DEBT REVIEW 

SCHOOL 

ANSWER: 

(B) Payment Distribution Agency. 

These firms are registered and 

checked on by the NCR (National 

Credit Regulator) 

and are part of the 

National Credit Act.

NEWS 

DEBT REVIEW 

AWARDS OPEN 

REGISTRATIONS & 

SUGGESTIONS 

The annual Debt Review 

Awards process for 2019 is 

now set to begin and as usual, 

NCR registered parties will all 

be considered. To be eligible 

to win however participants 

need to register. The annual 

Debt Review Awards peer 

review process allows those 

within the industry to weigh in 

on the performance of their 

counterparts on the opposite 

side of the industry on a 

number of occasions. These 

evaluations or Peer Reviews are 

then compiled (by an online 

system) into a composite overall 

result. 

If you have suggestions on ways 

that the Debt Review Awards 

process can be improved you 

can register and capture your 

suggestion at the end of the 

form. Over the years dozens of 

suggestions from the industry 

have been incorporated into 

the process and Awards event. 

Suggestions have seen the 

process transform from an 

industry panel of experts to an 

online peer review process, 

seen additional categories and 

Awards been added and even 

helped shape the criteria that 

are used to evaluate each NCR 

Registrant. 

The 2019 registration sign up 

can be found here: 

https://tinyurl.com/y8jjq8bg

DEBTSAFE REPORT 

40% OF ACCOUNTS 

RECKLESS 

DebtSafe is a nationally 

operating debt counselling firm 

with thousands of debt review 

clients. They have just released 

an interesting report on the 

state of reckless lending which 

shows that as much as 40% 

of all the credit accounts they 

have looked at recently may be 

reckless. 

Reckless credit is credit granted 

illegally to consumers who 

do not understand their 

obligations, do not receive all 

the information about their 

obligations or cannot afford to 

realistically repay the credit. 

Credit Providers can be heavily 

fined for granting credit 

recklessly and consumers can in 

some cases have their recklessly 

granted debt written off. 

DebtSafe reviewed thousands 

of client’s cases over the last 3 

months and of the over 5000 

accounts they looked into, over 

2000 appear to be reckless in 

one way or another. 

You can download the Report 

here: 

https://tinyurl.com/ybbuwl8q

DC PARTNER 

INTRODUCE NEW 

SUPPORT DESK 

NCA AMENDMENTS 

TAKE THE NEXT STEP 

Payment Distribution Agencies 

or PDAs are part of the 

National Credit Act and often 

help Debt Counsellors with 

software to manage their 

businesses and clients, as well 

as, calculate the best way to 

repay debts. One of the four 

NCR registered PDAs, DC 

Partner have now introduced 

additional support and training 

to Debt Counsellors and their 

staff who work on their system. 

DC Partner has set up a support 

desk specifically for Debt 

Counsellors (or their staff) to 

provide web based training via 

Skype. This allows the PDA to 

reach their many clients online 

swiftly and provide country wide 

training on an ongoing basis. 

The Portfolio Committee on 

Trade & Industry has been 

working on a way to deal 

with the growing need among 

millions of low income South 

Africans who are accessing 

credit and getting deeper 

and deeper into debt. They 

recently delivered a finalized 

amendment bill to the NCA 

which they feel will address 

this by creating something 

called Debt Intervention. The 

process is basically debt review 

done, for free, by the NCR for 

consumers who earn less than 

R7500 and have debt smaller 

than R50,000. The process 

also caters for those who are 

unemployed. The adopted bill 

now goes to the council of 

provinces and potentially on to 

the President.

KIM 

ARMFIELD 

AND ASSOCIATES 

DEBT REVIEW | CREDIT LAW | LITIGATION 

CONTRACTS | FAMILY LAW | WILLS & ESTATES 

Tel: 021 949 1758 | 084 702 3760 

info@legalwc.co.za | www.capeattorney.co.za

NCR ISSUE NEW DC 

CERTIFICATES 

BANKS IN TROUBLE 

AT COMPETITION 

TRIBUNAL 

The NCR recently began issuing 

Debt Counsellors with annual 

renewal certificates when they 

pay their annual fees. In the 

past there were some concerns 

and some mix ups in getting 

these certificates to everyone 

in time for their next court 

appearances. 

This year, the NCR has 

reportedly done a great job in 

emailing a digital version of 

the Debt Counsellors annual 

certificate on time and also 

mailing hard copies to all 

registrants promptly. 

When visiting a company 

offering debt restructuring 

assistance or dealing with 

one online ask to see their 

certificate of registration with 

the NCR to ensure you are 

dealing with a legal, NCR 

registered individual. 

30 different individuals working 

at 23 different banks have 

been accused of colluding to 

manipulate foreign exchange 

rates. These banks are now 

defending themselves before 

the Competition Tribunal 

against the Competition 

Commission who are looking 

to have these banks fined up to 

10% of their annual turnover. 

It has been said that the various 

banks made secret agreements 

on when to trade and when not 

to trade and buy currency from 

international currency trading 

platforms. They allegedly took 

turns to trade so that they could 

get the right price and it is 

alleged even created fake bids 

to manipulate the price of the 

Rand V Dollar. The case is set to 

begin at the end of August and 

run into September 2018.

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Ask your debt counsellor. 

CALL US NOW 0861 635 467 

www.meliorleaf.co.za

Die Republiek van 

SKYT AFRICA 

Hi Almal, 

Daar is al baie dinge in die verlede gesê oor hoe om geld te bespaar 

maar teen die tempo wat ons verarm deur die styging in lewenskoste 

soos elektrisiteit, water, brandstof en voedsel, dinge buite ons beheer, 

dink ek tog dit is n onderwerp wat weer bespreek kan word. 

Ek het op n facebook blad die vraag aan mense gestel, hoe bespaar julle? 

Is julle in die proses van besparing bereid om kwaliteit in te boet? Alhoewel 

hierdie groep in Pretoria is met die naam van EK IS VAN DIE OOSTE, is daar 

honderde sulke groepe in julle onderskeie omgewings waar julle inligting 

en idees kan uitruil. Opvallend was dat niemand mekaar gekritiseer het 

nie of opinie gehad het die ander persoon is n armgat nie. Die inligting 

en raad wat uitgeruil was, was opreg. En ja, kwaliteit was en is belangrik. 

Hier is van die insette: 

Riatha: Ek koop my skoonmaakmiddels by Westpack. Dis R40 vir 5L en 

doen presies dieselfde as die brand name. Katkos daar is R200 vir 10kg.

Eiers, room, kaas en mushrooms word by die boeremark gekoop. Die 

naby geleë Escort fabriek vir bacon en viennas. Koop koffie voor die 25st 

van die maand in die supermarkte want dit is dan op n special. Die maand 

was Nescafe R75 ipv R120. n Maandpak hamper vleis by die slaghuis is 

goedkoper. 

Ria: Soms is dit goedkoper om uit te eet as om vleis en groente te koop en 

elektrisiteit te gebruik om gaar te maak. O’Gallito’s se spesiale middagetes 

wissel van R80 – R110 per bord. Maak ook die kinders groot om nie soos 

die res oor “brands” bekommerd te wees nie. 

Bernice: Kan nie kruideniers koop nie. Koop genoeg paste en a paar 

blikkies tamatie en uie souse, brood en so nou en dan eiers. Gevriesde 

groente is die kleinste pakkies R11 wat ons in twee deel. Af en toe hoender 

borsies vir minder as R50. 

Ria se raad aan Bernice: Gaan kyk by FoodLovers daar is gereeld sakke 

gemengde groente vir goedkoop. Jy kan dit opsny en vries. Aartappels, 

rys en soppoeier rek enige gereg, die soppoeier is vullend en smaaklik. 

Pieter: Met GD10 Multipurpose Cleaner bespaar die gemiddelde 

huishouding R4800 per jaar op skoonmaakmiddels en kwaliteit word nie 

ingeboet nie. 

Jennifer: Ek koop Ackermanns, Truworths, Edgars of Woolworths se 50% 

uitverkoping op kinderklere vir volgende jaar se winter/somer want hulle 

groei so vinnig. 

Cathleen: Nog iets waarop ek bespaar waar die pryse gebiedsgebonde 

is, is n haarsny. In Villeria betaal ek vir n sny, kleur, strepies en blow wave 

R350. In die Ooste is die pryse belaglik. Jy kry nie noodwendig swakker 

diens omdat jy nie jou hare in n salon sny waar die huur R25 000 is nie. 

Da-Ina: Ek sny gereeld vleis uit. Groente hetsy gekook, gebak of gebraai 

is heerlik saam met kruie of kerrie.

Marinda: Ek het so n jaar terug vanaf die Ooste na Middelburg verhuis. 

MInce is R137kg hier en in Pretoria R85kg. Koop maar genoeg vleis 

wanneer ons Pretoria/Ooste toe gaan. 

Cathleen: Ek het vir die afgelope 8 jaar nie n bediende of tuinman nie. 

Gebruik tuindienste vir R650 per maand, tuinman sou R250 per dag kos 

uitgesluit taxi fooi en voedsel. Die take van n bediende tussen my kinders 

verdeel wat geroteer word. Dit wat ek aan n bediende sou betaal word 

aan die kinders betaal, nie eintlik n besparing nie maar dit leer my kinders 

hoe om te werk vir dit wat jy in die lewe wil hê. Nadat ek gehoor het pryse 

is gebiedsgebonde het ek meer uitgevind. My kruideniers vir 5 mense is 

tussen R4 500 en R5 000. By Shoprite in die Bougainville sentrum het 

dieselfde kruideniers my R3 000 gekos. R2 000 besparing vir 35 minute 

se ry. Groente vanaf Fruit Stop in Gesina en vleis direk van n boer, 21kg 

vir R1 400 verpak en afgelewer. 

Charles: Dstv afgesit en Netflix met uncapped internet gekry, n mens kan 

dus n kleiner bundle op jou foon vat. Skoonmaker kom elke 2de week 

ipv weekliks, dit is darem nie n hele dag se werk om self gou te vee of te 

stofsuig. Brandstof - gebruik Shell me Clicks clubcard en kry so n paar sent 

terug op n liter. Maak genoeg kos om die volgende dag werk toe te vat. 

Om op te som, praat met die mense in jou omgewing, sit n post op 

facebook en hoor waar en hoekom hulle koop. Vergelyk pryse en ry 

miskien n kilometer of twee verder, dit kan jou miskien duisende spaar. 

Dankie aan almal wat waardevolle raad gedeel het. 

Groete. 

Christo Hattingh 

Kyk gerus my LinkedIn profile: 

https://www.linkedin.com/in/christo-hattingh-351a52130/ 

* Seriously please do let us know if you found this article to be 

funny/offensive/amusing/interesting feedback@debtfreedigi.co.za

DEBT REVIEW 

SCHOOL 

Establish connections with your 

Debt Counsellor in various ways 

(eg: Facebook, phone, website, 

physical office). 

This helps you stay in touch in 

case you lose their 

phone number or if they 

move.

Debt Counsellors Collective 

iDCC is waiting to hear back from 

the NCR in regard to our official 

request to join CIF. 

We encourage non-affiliated 

DCs to join. 

Listen to a great interview with 

Toby Chance MP, Shadow 

Minister for Small Business 

Development in SA. Toby is 

introducing new legislation that 

creates an Ombudsman for small 

businesses 

https://soundcloud.com/scottcundill/toby-chance-mp-and-the-neweconomic-rights-alliance 

A representative will be 

attending the meeting 

at parliament on Tues 

31 July 2018 where 

proposed amendments 

to the NCA will be 

discussed. 

www.allprodc.org

Visit our facebook page 

for more info. 

www.bdcf.co.za 

Free State Branch Meetings 

Kopano Nokeng Country Lodge, 

Date: 19th October 2018 

Gauteng Branch Meetings 

Kempton Park Golf Club 

Dates: 23rd October 2018 

KZN Branch Meetings 

Westville Country Club 

Dates: 26th October 2018 

Western Cape Branch Meetings 

Parow Golf Club 

Dates: 23rd October 2018 

NDCA continues to actively 

participate in industry 

forums, including the 

CIF, and looks forward 

to the implementation 

of proposed DCRS rule 

changes 

www.dcasa.co.za

We appear in the following courts and act as a correspondent for Dc’s 

and their attorneys. 

ATLANTIS 

BELLVILLE 

GOODWOOD 

CALEDON 

CAPE TOWN 

WYNBERG 

CERES 

GRABOUW 

HOPEFILED 

KHAYELITSHA 

KUILSRIVER 

MALEMSBURY 

MITCHELLS PLAIN 

MOORREESBURG 

PAARL 

PIKETBERG 

ROBERTSON 

SIMON’S TOWN 

SOMERSET WEST 

STELLENBOSCH 

STRAND 

TULBAGH 

WELLINGTON 

WORCESTER 

Please contact adri@kempdebruyn.co.za to 

enquire about our fees. 

 

 

 

+27 (21) 200 5644 

adri@kempdubruyn.co.za 

21 Station Street, Paarl, 7646

COURT MATTERS 

A number of important court cases are underway or have recently 

been held. We take a brief look at some of them and how they 

impact on the industry and debt review. Also be sure to download the 

latest version of the Magistrates Court Act at the end of this article.

University of Stellenbosch’s Law Clinic & 

Summit Take On Section 103(5) 

Back in 2016, Stellenbosch University’s Law Clinic and Summit 

Financial Partners helped a group of poor farm workers to get relief 

from their crushing EAOs (commonly called Garnishee orders). It 

was a landmark case that finally sparked change in how garnishee 

orders are handled. Subsequently, the Magistrates Court Act has 

actually been amended to make allowance for the refined processes 

suggested in that case. 

The basic idea of Section 103(5) Induplum is that when you owe 

someone money and default on payment, then this draws a line 

on how much they can recover from you in the future. The law says 

you only ever then have to pay double the defaulted amount. In the 

past, lawyers and credit providers really abused the old common law 

Induplum rule and people ended up paying many, many times more 

than double what they originally owed due to the wording of the law. 

Even now since the inception of the NCA some credit providers (and 

even courts) say that if you make a new arrangement to pay off a 

debt (like debt review) this ‘cures’ the default (even if you are paying 

a lot less than what you should). That then means they can carry 

on milking you for more and more payments and fees and interest 

as long as you pay something and don’t let the debt prescribe. This 

seems to defeat the fundamental purpose of the law. 

Over the years, consumers who have had “garnishee orders” (EAOs) 

have often ended up paying ridiculous amounts toward this debt and

later find out after many years that they still owe more according to 

their creditors and greedy lawyers. This is because the lawyers try to 

say that the collections costs are not part of the Induplum amount or 

they simply ignore the law on Induplum. 

In an example put forward by Summit and USLC, they shared how 

one Bayport client who borrowed R12 000 in 2011 (who planned to 

pay off the debt in 3 years) defaulted on payments. He then received 

a EAO against his salary of R732/month towards the remaining debt 

of R11 685.00. 

After 6 years of payments (+-R52 704.00) Bayport said that he still 

owned R7400. Why? Because they had added interest charges of 

R21 019 and countless other legal and collection charges of around 

R6500 onto his debt). 

They cite another case where a consumer with a EAO ended up 

paying over R5000 for a R600 debt. 

While it may seem that these things are obviously immoral and illegal 

based on the law, many credit providers and their collections agents 

say that they are operating according to the limits of the law. 

Credit provider’s collections & accounting units hate this law because 

it limits how much they can collect from debtors and thus their profit 

margins. If they ignore it or work around it they can make a lot more 

money than if they automatically institute it on their systems (as 

some good credit providers already have). Over the last 10 years, the 

NCRs and Debt Counsellors have been valiantly trying to get credit

providers to abide by the requirements of NCA Section 103(5) to 

the benefit of consumers but many credit providers have successfully 

ducked and dived for over a decade. 

This case should now force the issue into the public eye and help set 

absolute clarity on the involved consumer’s matters. This, in turn, 

should help when the matter arises in other courts across the country. 

SBSA & ABSA At Court Over Setting 

Reserve Prices For Auction Sales 

If you take a bond on a property you are committing to making 

payments over several decades. Also part of that agreement is that if 

you default at any point (and leave the account in default) then the 

bank has the right to summons you and get a judgment. After getting 

a judgment the credit provider can then move to sell the property on 

auction to recover some of their funds. Normally, this takes about 30 

months from the time of first default but can be much faster if the 

bank is aggressive and uncompromising. 

Often though, properties sold on auction this way have been sold for 

very little (as little as R10 in one case), leaving the consumer in deep 

debt with the balance of the bond to pay even though the property is 

sold. This can leave consumers with many years of debt repayments 

on an asset they no longer own.

The real goal of the collections process is to get in the missing funds 

and so in many cases the consumers catch up payments before the 

property is actually auctioned. 

In that case, the consumer can carry on with the original agreement 

(after paying for some extra fees). It is said nearly 66% of such 

matters are sorted out before the auction. This, however, means that 

a third of these matters end up with the property being sold. 

Recently, the law changed so that a reserve price (minimum amount 

for which the property can be sold for) can be set by the court before 

the auction. Some courts have been quick to implement this while 

others have simply ignored it as the law is not clear on under what 

circumstances such a reserve price must be set. 

Now ABSA and Standard Bank will be heading to the South Gauteng 

High Court, following a directive from Gauteng judge president 

Dunstan Mlambo, in an effort to gain clarity on when this must 

happen. The banks all say that when there are reserve prices set it 

can reduce the amount of interest from potential buyers. 

These two banks would like to see a very particular set of 

circumstances under which this would happen while others in the 

court case argue that it should always be done.

KIM 

ARMFIELD 

AND ASSOCIATES 

When debt 

review clients 

don’t pay they 

put your entire 

practice at risk! 

We make sure you get paid for 

the work you’ve already done! 

Tel: 021 949 1758 | 084 702 3760 

info@legalwc.co.za | www.capeattorney.co.za

The Minister of Trade and Industry & 

the National Credit Regulator vs Micro 

Finance South Africa case no A172/17 

Recently, MFSA took the DTI & NCR to court over changes that they 

claimed were made to the National Credit Act regulations without 

proper industry consultation and consideration of how the changes 

would affect industry parties. Many smaller credit providers often 

give consumers repeated loans such as small pay day advances etc 

and this case dealt with the rate that could be charged. The court 

originally ruled in favour of the MFSA. 

The DTI then asked that the matter, as previously ruled on by Justice 

Louw in the North Gauteng High Court, be reviewed as they were not 

happy with the outcome and how the case was handled. 

The recent changes to the NCA regulations which were published, 

meant that if a credit provider gave another loan to a consumer, 

within a calendar year (which is very common with small lenders and 

low-income consumers) that the rate cap for that loan then dropped 

from 5% per month (original loan cap) down to 3% per month 

(subsequent loans). 

A full bench of several Judges carries more weight than a ruling by 

a lone Judge and in this case, when the matter was reviewed, the 

ruling swung in the opposite direction (now in favour of the DTI). 

The ruling in the case of The Minister of Trade and Industry & the

National Credit Regulator vs Micro Finance South Africa case no 

A172/1 makes a number of points and says that the previous 

ruling was incorrect because (1) the Judge didn’t consider all the 

evidence, the changes to the regulations help combat heavy debt, 

credit providers (like the big banks) have already adjusted to the 

new regulations and MFSA members (small lenders) are relatively 

unimportant in terms of the overall credit industry. It also says that 

the Minister of Trade & Industry did actually consider the effect and 

do enough research. 

Therefore due to this new ruling, the regulation changes about 

subsequent short term loans is still in effect and consumers will 

pay 5% interest on the first short-term loan and then a reduced 3% 

interest on any other short term loans from that credit provider within 

a calendar year. 

SA Class Action Law Suit Vs Steinhoff 

Retail giant Steinhoff was revealed to be an unstable house of cards 

when shocking accounting fraud was finally revealed late last year. 

Once the first irregularities were revealed the situation snowballed 

with Directors quitting, the sudden sale of assets to try to stay afloat 

and the slow unveiling of the true extent of the cunning accounting 

which had hidden the SA founded company’s rather empty coffers. 

Steinhoff was first incorporated in South Africa, then in Netherlands

and was eventually listed both on the Johannesburg Stock Exchange 

and Frankfurt Stock Exchange. 

Now three legal firms have launched a joint class action suit against 

the firm, former directors (including Mr Jooste) and even several 

banks such as ABSA, Standard Charted (UK) and Commerzbank 

(Germany). Other respondents are auditors Deloitte and Rodi & 

Partner. 

Though other shareholders are taking similar action overseas, 

local SA law in a class action is beneficial in that it automatically 

includes share holders unless they specifically ‘opt out’ (as opposed 

to overseas where people have to actively opt in). The class action 

suit could well end Steinhoff as they are seeking damages for those 

affected to the tune of R185 Billion. 

Download the Amendments to the 

Magistrates Courts Act 

The recent changes to the Magistrates Courts Act, as signed off by the 

President, allow for refinement of procedures surrounding things like 

consent to jurisdiction (regional or district), recession of judgments 

where the debt is paid up, clarifies the process of debtors making 

offers after a judgment has been issued on a debt and adds in fines 

and penalties relating to emolument attachment orders or EAOs 

(commonly called “garnishee orders” by most people).

The amendments really attempt to reshape the past EAO (Garnishee) 

practices and hope to ensure an end to abuses in this regard by 

adding limits and ensuring proper oversight. 

There are also some refinements to the definitions section to add 

greater clarity. It also adds that orders in terms of section 55 should 

be just and equitable and allow the consumer enough to cover 

necessary costs and obligations while taking into account their 

income. This is something that was often overlooked in the past. 

Download the updated Act here: 

https://tinyurl.com/y9lbeye5

PROFESSIONAL DEBT 

COUNSELLING ATTORNEYS 

TEL: 021 872 1968 

11 MARKET STREET, PAARL 

www.steyncoetzee.co.za

PDA 

PROFILE 

Debtfree took some time to 

speak to Marcelle Williams, 

Director at CollectNet PDA. 

Where are you from 

(where did you grow 

up)? 

I was born in a Township called 

Eersterust in Pretoria. I have lived in 

Pretoria area ever since.

Where have you 

worked in the past? 

Can you tell us 

a little about 

your education 

background? 

I matriculated from Eersterust 

Secondary before doing a Marketing 

and Business Diploma (Damelin) 

(1995) and a B.Com (Financial 

Accounting) at the University of 

Pretoria. (2000). 

I then completed my Hons B.Compt 

(Accounting Science) /CTA via UNISA 

in 2005. Because I am a big believer 

in ongoing education I am currently 

busy studying M.Phil Management 

Coaching. You are never too old to 

learn new skills. 

I started working in 1995 at Telkom 

(Clerical in the finance dept) and 

spent 5 years at Telkom where I was 

eventually promoted to be a Debtors 

& Creditors supervisor. I spent 5 

years at TFMC – in various positions 

from Financial Supervisor to 

Financial Manager and even acting 

Finance Exec. This gave me a lot 

of experience both in management 

and the corporate environment. 

After some time after that at Business 

Connexion as Financial Manager, I 

moved into the banking world at FNB 

in the Property Finance division and 

then on to Mettle Property Finance. 

Starting in 2009, once the National 

Credit Act was already in force, I 

started a debt collection business 

(MIW Risk Solution) and got to really 

see the needs in the industry. Then, 

in 2014, I moved to CollectNet as a 

Director.

How did you become 

involved with the 

financial industry 

and specifically 

CollectNet? 

As you can see, I have really been 

in the financial industry for the past 

24 years. I have had numerous 

financial type roles in different 

industries from pure accounting and 

auditing to financial management 

and financing. 

I had previously been involved in a 

debt collection business for about 5 

years. In 2010 I bought a small debt 

counselling franchise which I quickly 

found was very labour intensive. I 

eventually closed the franchise after 

a year. So, I have been aware of 

and exposed to the DC environment 

since 2009. 

I was later introduced to Capital 

software, in 2013, through my 

business partner Rene Pillay. Rene, 

Jacques De Wet (CEO of Capital 

Software) and I created CollectNet 

in 2014 to explore different 

opportunities in the FINTECH 

space including, eventually the PDA 

environment. We have since applied 

and subsequently received approval 

to become the 4th NCR approved 

and registered PDA in the country.

So, you are very 

familiar with what it 

takes to be a Debt 

Counsellor? 

Yes. I had a DC franchise in 2010- 

11. It was a tough time for the 

industry and being a DC is a lot of 

very hard and time consuming work. 

I learned that a good PDA can make 

all the difference. 

Can you share 

a little more 

about your role at 

CollectNet? 

I am one of the 3 owners of 

CollectNet along with Rene Pillay 

and Jacques De Wet. I perform the 

function of Operations Director 

looking after implementation and 

also now directly heading up the 

PDA division. 

Do you have any 

hobbies when you 

are not hard at 

work? 

Yes: Playing Golf and also watching 

all sorts of sports like soccer, cricket 

and rugby. I also really enjoy 

travelling. 

Do you have any 

pets? 

Yes. I have 3 white Swiss Shepherds.

? 

Are you excited 

that the NCR are 

relooking at the PDA 

fee structure? 

Where do you see 

CollectNet and the 

industry going over 

the next few years? 

I believe the industry is currently 

going through some tough times 

from a perception perspective. 

In time, the value we deliver as a 

industry will be more appreciated. 

I don’t see debt counselling as an 

industry going away anytime soon. 

I do believe that, like with any 

other industry, it will change. We 

at CollectNet are ready for change 

and I believe that in the next 5 years 

we will be a noticeable player not 

only in the PDA environment, but in 

the Fintech space as a whole. 

Yes, we are but we are not holding 

our breath. We will just wait and 

see what transpires. I do however 

believe that if the PDA fees do not 

increase somewhat, it will be difficult 

to sustain a PDA business going 

forward. 

Do you think that 

PDAs will play a role 

in Debt Intervention? 

If I look at the Bill that was drafted I 

cannot see how the NCR will deal with 

Debt intervention without involving 

the PDA in some way or form. In 

order to perform an efficient PDA 

function, you need the systems and 

expertise to do it properly. This is a 

function that the existing registered 

parties can perform.

STUCK 

USING 

ANCIENT 

TECHNOLOGY? 

Contact Maximus on 011 451 0041 | www.dcmax.co.za

don’t be a twit 

http://twitter.com/Debtfree_DIGI 

All professionals have professional indemnity if the unforeseen 

happens. Do you as a professional Debt Counselor have 

professional indemnity as stipulated by the ethical code? 

contact us today for more information 

086 111 2882 

TELEPHONE 0861 112 882 FACSIMILE 086 605 9751 MOBILE 082 449 6856 EMAIL andre@in2insurance.co.za 

www.in2insurance.co.za

HELP NEW 

MOMS & 

BABIES 

Being in Debt Review and Pregnant can be daunting prospect due to 

the sudden extra unexpected costs. It can even threaten to ruin your 

debt review. DCCS want to help pregnant Debt Review moms with a 

special gift hamper to help them deal with the extra costs. 

Each Hamper consists of nappies, creams, soaps, wipes, clothing 

and a receiving blanket. Would you like to donate a pack to help a 

pregnant debt review mom? 

DONATE R180.00 admin@dccsupport.co.za 

DEBT COUNSELLING 

COMMUNITY SUPPORT

DEBT REVIEW 

SCHOOL 

Your Debt Counsellor or their 

staff should never ask you to pay 

money into their account. 

They will probably ask you to 

make debt repayments via a NCR 

registered PDA.

DCASA Annual Conference 

REVIEW

The Debt Counsellors Association of South Africa held their annual 

conference in Gauteng this month. Debt Counsellors from around 

the country attended along with credit providers and other support 

services. You may not have had the opportunity to attend this year 

and so we have a brief look at some of the highlights from the day. 

The day began and ended early with hundreds in attendance. Most of 

those attending were from the Gauteng area and at least one of the 

largest Debt Counselling firms in SA had representatives at the event. Most 

Debt Counsellors in South Africa are split between Gauteng and Cape 

Town, with the biggest firms being mostly situated in Cape Town. Debt 

Counsellors are able however to assist consumers countrywide and DCASA 

have many provincial branches across the country. Representatives from 

these regional DCASA groups were in attendance. 

The event took place in the now familiar venue at Emperor’s Palace (who 

have a conference centre) and was well attended. Also there on the day 

were a number of displaying industry role players ranging from industryspecific 

insurance providers (like ONE|SURE), to PDAs (all except NPDA 

attended) to ancillary services such as Compuscan (who also offer training 

to the industry). Some banks such as FNB and ABSA had stands where 

Debt Counsellors could interact with them face to face. 

This was very helpful and allowed Debt Counsellors to breifly exchange 

contact info and mention matters that require urgent attention. 

Special time was set aside during the event for guests to mingle and 

enjoy some tea and visit the sponsor stands. Though brief, these breaks 

enabled everyone to stay fresh between all the speeches and presentations. 

Attendees were able to grab a bunch of the printed Special Edition of 

Debtfree Magazine as well. Many of those displaying had nice gifts for the 

guests ranging from pens and water bottles to lip ice and sweets. At the

end of the day some even gave away prizes such as Hyphen PDA (a Tablet) 

and CollectNet PDA (an iPad). 

The day was a mix of general business information (such as the presentation 

on PoPI) and association-specific speeches (such as the review of the year 

by the DCASA President). 

• Starting off the day DCASA President Russel Dickerson spoke to the 

audience and welcomed all. 

• Next, was a presentation from previous conference speaker Mr Mike 

Schussler. Mike is an economist and gave an overview of where the 

SA economy stands at present and where it is likely to go. All in all, he 

painted a rather sad picture and warned that tough times are ahead. 

He did, however, point out that this means that Debt Counsellors would 

soon be busier than ever with more consumers needing help. 

• Mr Theo Vorster and the folks at Galileo Capital then made a 

presentation themed: ‘The investment solution and how to build a 

long-term annuity income for business‘. They showed how investing 

in property only brings a marginal income slightly higher than inflation 

over time whereas investing in shares will, over time, bring a higher 

return. Interestingly, they showed how if you just leave your investments/ 

shares and don’t trade and mix them up too much you make a high 

return anyway (though slightly lower than if you are trying to move 

them around). One of the most interesting slides presented showed 

what happens when investors run scared during a sudden downturn 

and what can happen if you miss just 6 days on the market over a 

period of several years. 

• If you are unsure of how the Protection of Personal Information Act 

is going to impact on your debt counselling practice then you would 

have benefited from Mr.Juan-Jacques Jordaan’s presentation on the

topic. He pointed out how no one really reads the T&Cs anymore and 

a lot of consumers data has been illegally shared already. He warned 

that the fines and punishment for breaches are sever and showed 

examples of how an innocent thing can get you into a lot of trouble 

once the Act kicks in 100%. 

• The next speaker was Ms Maya Fisher-French, well-known journalist 

(Maya on Money). She discussed how nearly no one is saving and how 

fewer people than ever are saving toward retirement. So, while South 

Africans are in trouble now with over usage of credit they will be even 

more in trouble in the future when their meagre savings run out or 

they have to face retirement without any savings at all. 

• After Lunch “the prof” Mr Frans Haupt (of the University of Pretoria 

Law Clinic) gave a walk down memory lane as he reviewed the last 

few years of debt review. He explained some of the serious hurdles that 

the industry has had to overcome and in particular the inconsistent 

legal rulings on the topic which have shaped the current debt review 

landscape. He also said some very nice things about Debtfree Magazine 

and how it is a good resource to the industry and consumers alike. 

• The two final speeches of the day were from DCASA President Russell 

Dickerson and former President Mr Paul Slot. Russel gave a presentation 

on the industry and industry updates which covered all sorts of things 

such as what is happening or not happening at CIF. 

• Mr Paul Slot gave a rather gloomy presentation on Debt Intervention. 

He pointed out how the Portfolio Committee have decided that Debt 

Counsellors do not want to help low income consumers and how this 

is simply not true. DCASA has repeatedly indicated that this is not the 

case. Regardless, the Draft Bill (which should be passed over to the 

Council of Provinces in the next few weeks) simply cuts Debt Counsellors 

out of the process. The general feeling was that the NCR will be

swamped by the work and that everyone knows this. Of particular 

concern was how many staff it will take to assist just a fraction of the 

people who should apply. Some estimates are 1.5 million people, 

others are around 5 million. If the NCR take on just 15 000 new 

consumers each month then they will need to match the current staff 

amount of all debt counselling companies countrywide at present (this 

is roughly how many consumers Debt Counsellors help each month). 

DCASA wish the NCR well and hope that things go better than they 

anticipate. 

The day ended a bit earlier due to a decision to forgo the usual question 

and answer session at the end of the day and guests who wrote down 

questions were promised an electronic reply. This made it possible for 

many to leave a bit earlier and beat the traffic. The day ran smoothly and 

all who attended enjoyed receiving a new helpful guide booklet on PoPI 

and its impact on debt review, as well as, all the chats, snacks, lunch buffet 

and speeches.

DON’T WORK WITH AN OUT 

DATED VERSION OF THE ACT 

UPDATED 

2017 

We are happy to announce that the Amended National Credit Act booklet 

is now available via our shop. 

Get the latest version for only R250.00 

ORDER NOW 

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

www.collectnetpda.co.za

CLICK THE C 

SERVICE D 

DEBT COUNSELLORS 

SUPPORT 

SERVICES 

TRAINING 

FINANCIAL 

FINANCIAL 

PLANNING

IRECTORY 

ATEGORY 

DO YOU WANT TO LIST 

YOUR COMPANY? 

directory@debtfreedigi.co.za 

LEGAL 

CREDIT BUREAUS 

PAYMENT 

DISTRIBUTION 

AGENCIES 

CREDIT PROVIDER CONTACT 

DETAILS & ESCALATION PROCESS

DEBT COUNSELLORS 

GAUTENG 

KWAZULU- 

NATAL 

FREE STATE

LIMPOPO NORTH WEST EASTERN CAPE 

MPUMALANGA NORTHERN CAPE WESTERN CAPE

PENNY WISE 

Cathy Foster 

Debt Counsellor – NCRDC1977 

Penny Wise Debt Counselling 

Tel: (011) 679 1540 

Fax: 086 719 3378 

Mobile: 083 298 4467 

Email: cathy@pennywise.co.za 

www.pennywise.co.za 

Credit Matters 

South Africa’s Leading 

Debt Counsellors 

14th Floor, The Pinnacle 

Cnr Strand & Burg St 

Cape Town 

Tel: 086 111 6197 

Fax: 021 425 6292 

info@creditmatters.co.za 

GAUTENG 

Armani Debt Counselling 

Take the First Step 

to Financial Freedom 

Tania Dekker 

Tel: 011 849 3654 / 7659 

www.armanigroup.co.za 

Dynamix Debt Counselling TLC 

Alida Christie NCRDC2324 

Office 1, 34 Beefwoodstreet, 

Vanderbijlpark, 1911 

Tel: 079 520 4369 

Tel: 016 100 8020 

tlcdebt@mweb.co.za

Specialist Debt Management Centre 

Beverley Ludick, NCRDC948 

Pretoria 

Tel: 012 377-3557 

Email: obligco@gmail.com 

Email: dc@obligco.co.za 

www.obligco.co.za 

Creators In Financial Wellbeing 

NCRDC677 

You Are Not Alone 

We’ll handle your creditors so you 

don’t have to! 

1 Dingler Street, Rynfield, Benoni 

0861 10 11 00 

info@debtmend.co.za 

www.debtmend.co.za 

“Helping you the SMART way” 

0860 061 008 

info@smartdebtadvisors.co.za 

www.smartdebtadvisors.co.za 

NCRDC197 

Tel: 011 660 9970 

Fax: 086 540 5017 

KRUGERSDORP 

e-mail: nicky@nvdmdc.co.za 

www.nvdmdc.co.za 

All Debt Solutions 

Fast tracking your financial freedom 

Tel: 0861 255 3328 / 021-557 9981 

Email: info@allds.co.za 

www.alldebtsolutions.co.za 

https://www.facebook.com/ 

alldebtsolutions 

CCDC 

Consumer Care Is our Priority. 

Tel: 018 462 4263 / 073 624 6949 

Email: info@ccdc.co.za 

www.ccdc.co.za

DEBT NO MORE - NCRDC1973 

Christelle du Toit 

Tel: 016 423 6301 

Cell: 083 321 6731 

FAX: 086 219 3306 

Email: debtnomore@jjckruger.co.za 

www.jpawfin.co.za 

GAUTENG 

MV Business Empowerment 

9 River Road 

Morning Hill 

Bedfordview 

(next to Eastgate mall) 

Tel: 083 490 3339 

velaphi@infitech.co.za 

Suite 7 Gladstone Court 

103 Smiso Nkwanyana [Goble] Road 

Morningside 

Durban 

Tel: 031 303 1004 

Mobile: 076 835 2810 

Email: jbechoo@jb-attorneys.co.za

Get 

debt relief ¨ 

with our 

help today! 

016 423 3029 

082 812 5442 

info@resolutiondebt.co.za 


largest and most 

trusted, multi-award 

winning Debt Counsellor. 

086 999 0606 

info@debtbusters.co.za 

www.debtbusters.co.za 

2014 

Debt Review 

Awards 

WINNER 

2016 

Debt Review 

Awards 

WINNER 

2017 

Debt Review 

Awards 

WINNER 

Tel: 010 005 5326 

Cell: 083 748 4426 

FAX: 086 571 7003 

www.dpalegal.co.za





National Debt Advisors 

Fighting For Consumer Justice 

Tel: 021 007 1688 

www.nationaldebtadvisors.co.za 

086 999 0606 



KWAZULU- 

NATAL 

2014 

Debt Review 

Awards 

WINNER 

2016 

Debt Review 

Awards 

WINNER 

2017 

Debt Review 

Awards 

WINNER 

Debt Review Specialists 

23 Coronation Road 

Mithanagar 

Tongaat 

4399 

Tel: 071 222 9481 

Tel: 032 944 3446 

admin@kmadebt.co.za 

www.kmadebt.co.za

DEBT FREE, STRESS FREE 

AND LIVE BETTER 

084 367 1236 


info@bmhdebtsolutions.co.za 

www.bmhdebtsolutions.co.za 

17 Arbee Drive, MP Centre 

Office 09, Tongaat,4400 

Registered Debt Counsellor 

NCRDC2662 

0860 061 008 








Cape Town 

Tel: 086 111 6197 

Fax: 021 425 6292 


Get 

debt relief ¨ 

with our 

help today! 

082 937 7874 

082 812 5442 

denise@kzndebtcounselling.co.za



Tel: 021 007 1688 







Cape Town 

Tel: 086 111 6197 

Fax: 021 425 6292 


FREE STATE 





086 999 0606 



2014 

Debt Review 

Awards 

WINNER 

2016 

Debt Review 

Awards 

WINNER 

2017 

Debt Review 

Awards 

WINNER

LIMPOPO 



Tel: 021 007 1688 







Cape Town 

Tel: 086 111 6197 

Fax: 021 425 6292 


Depopulating a generation of over 

indebted and populating a debt free 

generation. 

Office no 2, 5 A Schoeman Street, 

Polokwane 

Tel: 0152912731 

Tel: 0877028518 

Email: admaau66@gmail.com 

www.maaudebts.co.za 

SMS Salary Management Services 

Annerien de Jager 

Registered Debt Counsellor 

NCRDC0075 

015 307 2772 

info@smslimpopo.co.za 





086 999 0606 



2014 

Debt Review 

Awards 

WINNER 

2016 

Debt Review 

Awards 

WINNER 

2017 

Debt Review 

Awards 

WINNER

MPUMALANGA 

GMC Debt Solutions 

52 Kerk Street 

Lydenburg 

Tel: 087 802 7054 

Tel: 087 151 1034 

www.gmcdebtsolutions.co.za 



Tel: 021 007 1688 


Romi Oliphant 

Debt Counselling 

Service 

013 650 0116 

rodcs4u@gmail.com 

http://rodcs4u.webs.com/ 

WhatsApp 

062 502 5987 





winning South Africa’s Debt Counsellor. 

Leading 




086 Cape 999 Town 0606 

Tel: 086 111 6197 

Fax: 021 425 6292 




2014 

Debt Review 

Awards 

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2016 

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2017 

Debt Review 

Awards 

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Tel: 021 007 1688 







Cape Town 

Tel: 086 111 6197 

Fax: 021 425 6292 


NORTH WEST 

Depopulating a generation of over 

indebted and populating a debt free 

generation. 

Office No. 6, Prime Pharm Building, 

36 Dr Nelson Mandela Drive 

Tel: 0186320053 

Tel: 0877026744 

Email: papi@maaudebts.co.za 

www.maaudebts.co.za 





086 999 0606 



2014 

Debt Review 

Awards 

WINNER 

2016 

Debt Review 

Awards 

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2017 

Debt Review 

Awards 

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Tel: 021 007 1688 







Cape Town 

Tel: 086 111 6197 

Fax: 021 425 6292 


NORTHERN CAPE 





086 999 0606 



2014 

Debt Review 

Awards 

WINNER 

2016 

Debt Review 

Awards 

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2017 

Debt Review 

Awards 

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Tel: 021 007 1688 







Cape Town 

Tel: 086 111 6197 

Fax: 021 425 6292 


EASTERN CAPE 





086 999 0606 



2014 

Debt Review 

Awards 

WINNER 

2016 

Debt Review 

Awards 

WINNER 

2017 

Debt Review 

Awards 

WINNER

WEBSITE | www.debt-therapy.co.za 

debt therapy 

integrity guaranteed 

debt therapy is registered with NCR | NCRDC49 



Tel: 021 007 1688 


Drastically reduce your monthly 

debt repayments 

Let US help 0861111863 

Regain control of your finances 

www.debt-therapy.co.za 

WESTERN CAPE 

CONSOLIDEBT 

Heidie Knorr NCRDC209 

Paarl, Worcester, Wellington, Ceres, 

Piketberg, Clanwilliam, Vredendal 

Tel: 021 863 2754 / 082 380 4401 

consolidebt@vodamail.co.za 

CHOOSE 

YOUR 

FINANCIAL 

FREEDOM 

TODAY 

Tel: 021 204 8001 • Email: dc@ffsdc.co.za 

www.financialfreedomsolutions.co.za 

dc@ffsdc.co.za 

www.financialfreedomsolutions.co.za

ISISEKO DEBT HELP 

Get Your Life back on track 

TEL: 087 230 0223 

FAX: 086 551 1649 

EMAIL: makanti@isiseko.co.za 

WEB: www.isiseko.co.za 

NCRDC1142 

No 2 Golden Isle Building 

281 Durban Road, Oakdale, 

Bellville, 7535 

Tel: 086 111 3749 

Email: help@zerodebt.co.za 

www.zerodebt.co.za 






Cape Town 

Tel: 086 111 6197 

Fax: 021 425 6292 


All Debt Solutions 

Fast tracking your financial freedom 

Tel: 0861 255 3328 / 021-557 9981 

Email: info@allds.co.za 

www.alldebtsolutions.co.za 

https://www.facebook.com/ 

alldebtsolutions 

“There is no dignity quite so 

Impressive and No Independence 

quite so important as Living 

within your Means - Calvin Coolidge” 

For your Convenience Our Range of 

Services are Availble to you Anywhere in 

South Africa! 

Jackie Coetzee 

079 317 8557 

022 713 2021 

documentswc@fusiondc.co.za





Your Guide to Financial 

Wellness and Recovery 

0861 229 922 

info@debthero.co.za 

www.legalhero.co.za 

086 999 0606 



2014 

Debt Review 

Awards 

WINNER 

2016 

Debt Review 

Awards 

WINNER 

2017 

Debt Review 

Awards 

WINNER 

WESTERN CAPE 

CONSUMER DEBT SUPPORT 

Annienne Nel NCRDC2452 

Kairo’s House, 22 Fairfield 

Southstreet, Parow, 7550 

Office: 021 930 5791 

Cell: 082 641 2328 

Fax: 086 563 3264 

e-mail: info@debtcentre.co.za 

www.debtcentre.co.za


0860 061 008 



RIGHT STEP TO A 

DEBT FREE LIFE. 

086 111 2274 

081 785 3724 

info@logicaldebtsolutions.co.za 

www.logicaldebtsolutions.co.za

SUPPORT SERVICES 

011 451 0041 

0860 072 768 

www.dcmax.co.za 

lana Van Herwaarde, 

DC Operation Centre (PTY) 

Tel: 0867227405 Email: 

info@dcoperations.co.za 

www.dcoperations.co.za 

DEBT 

086 126 6562 

debt@one.za.com 

www.one.za.com

COMING SOON 

TRAINING 

COMING SOON 

FINANCIAL PLANNING

LEGAL 

Liddles & Associates 

“It always seems impossible until it 

is done” N. Mandela 

(T) 021 930 5790 

(F) 0866070940 

(E) frontdesk@liddles.co.za 

www.liddles.co.za 

Steyn Coetzee Attorneys / 

Prokureurs 

Adri de Bruyn 

11 Market Street / Markstraat 11, 

Paarl, 7646 

Tel: 021 872 1968 

Fax: 021 872 2678 

adri@steyncoetzee.co.za 

RM Brown and Associates 



Cape Town 

Tel: 021 202 1111, f: 021 425 0875 

Email: roger@rmbrown.co.za

Your Debt Counselling Attorneys 

Johannesburg | Cape Town 

Kim Armfield 

Attorney & Family Law Mediator 

Address: Unit 1B, FinansHuis, 7 

Voortrekker Road, Bellville 

Tel: 021 949 1758 / 021 945 2526 

Office cell: 084 8588 284 

kim@legalwc.co.za 

Andre Van Zyl 

021 494 4862 

info@bassonvanzyl.com 

www.bassonvanzyl.com 

CREDIT 

BUREAUS 

Xpert Decision Systems (XDS) 

South African information bureau. 

Cape Town | Johannesburg 

+27 11 645 9100 

info@xds.co.za 

www.xds.co.za

PAYMENT 

DISTRIBUTION 

AGENCIES 

COLLECTNET 

+27 12 140 0602 

DC Partner 

044 873 4530 

Hyphen PDA 

011 303 0060 

NPDA 

0861 628 628

SYSTEM PROVIDERS 

FINWISE - INNOVATIVE DEBT M 

Tel: 011 451 0041 

Tel: 0860 072 768 

www.maxpayments.co.za 

Debt Review Software 

Tel: 016 004 0031 

South Africa’s premier 

debt management solution 

www.finwise.biz 

• 

• 

• 

• 

• 

‘’ I was pleasantly surprised by our experien 

new system is intuitive and e 

Debt counsellor Eas

CAPITEC CONTACT DETAILS 

Form 17’s 

Proposals 

Court documents 

General Queries 

Refund Requests / 

Cancellation of Debit Orders 

Complaints 

Insurance Certificates 

ccsforms17@capitecbank.co.za 

ccsproposals@capitecbank.co.za 

ccsdebtrevieworders@capitecbank.co.za 

ccsdebtreviewqueries@capitecbank.co.za 

ccsrefundrequests@capitecbank.co.za 

ComplaintManagement@capitecbank.co.za 

coming soon 

Sharecall Contact Number 086 066 7783 - Select Option 2 

ESCALATION PROCESS 

COMING SOON

Debt Review DepartmentEmail Address 

Turnaround Time 

Contact Details Standard Bank Debt Review 

Debt Review Call Center: 0861 111 525 or 0861 111 402 

Debt Review Documents*: 

DRApplications@standardbank.co.za 

Debt Review Service requests: debtreviewservices@standardbank.co.za 5 days 

Debt Review payment queries: DRPayments@standardbank.co.za 7 days 

Debt Review administrative requests**: DebtReviewAdmin@standardbank.co.za 5 days 

Debt Review complaints and escalations: debtreviewcomplaints@standardbank.co.za 5 days 

Reckless Lending Allegations 

recklesslendingallegations@standardbank.co.za 

*Debt Review documents: Form 17.1; Form 17.2; Proposals; Court Applications; Court Orders 

**Debt Review Admin related requests: debit order cancellations; statement requests ; refunds; paid up 

letters; account closure instructions; settlement balances; or outstanding balances 

Other Standard Bank areas 

Credit Card 086120 1000 

Diners Club 0113588400 / 0860346377 

Vehicle Asset Finance Recoveries 0861102347 

Vehicle Asset Finance Collections 0861102347 

Home Loans Pre Legal 0860102270 

Home Loans Customer Service 0860123001 

Standard Bank Insurance 0860123911 

Deceased Estates 0861001868

Department Email address / Contact number TAT 

Call Centre 0861 005 901 

Absa 

En 

For your convenience we now offe 

in these departments are subject m 

could delay the resolution of your q 

Option 1: Updated balances, s 

Option 2: Any COB related qu 

Option 3: Any proposal relate 

Option 4: Any termination rel 

DRCob@absa.co.za 5 Business Days Pr 

DCTransfer@absa.co.za 5 Business Days M 

Certificate of balance 

DCCOBQueries@absa.co.za 5 Business Days M 

Debitordercancellations@absa.co.za 5 Business Days M 

DCRCAssessment@absa.co.za 10 Business Days M 

Proposal 

DCProposalquery@absa.co.za 10 Business Days M 

DRProposals@absa.co.za 10 Business Days Pr 

Legal Courtapp@absa.co.za 5 Business Days Al 

Termination 

DRTerminations@absa.co.za 10 Business Days M 

17.4@absa.co.za 10 Business Days M 

Clearance DCClearanceCertificate@absa.co.za 5 Business Days M 

KYC DCKYC@absa.co.za For return of KYC forms. 

Debtreviewqueries@absa.co.za 10 Business Days En 

Service 

Debtreviewmanager@absa.co.za 5 Business Days Es 

2 | Presentation title

Function 

nity to call our contact centre and be transferred to specific departments. Note that our consultants 

and will best be able to assist you for a swift resolution. Please note; choosing the incorrect option 

ettlements, refunds and general enquiries 

Function 

Debt Review 

try Points 

r the opportunity to call our contact centre and be transferred to specific departments. Note that our consultants 

atter experts and will best be able to assist you for a swift resolution. Please note; choosing the incorrect option 

uery. 

tatements, settlements, refunds and general enquiries 

eries e 17.1 application. 

d queries 

ated queries 

t counsellor swaps and system changes. 

ocessing of the 17.1 application. 

escalated queries and follow-ups. 

anage all debt counsellor swaps and system changes. 

it order cancellation requests. 

anage all COB escalated queries and follow-ups. 

s lending allegations. 

anage all debit order cancellation requests. 

posal escalated queries and follow-ups. 

anage reckless lending allegations. 

anage e following all proposal documents: escalated queries 17.2, proposals, and follow-ups. proof of Insurance, 17.3 & supporting documentation. 

ocessing ents to be of the provided following to documents: this department 17.2, proposals, for review. proof of Insurance, 17.3 & supporting documentation. 

l legal documents to be provided to this department for review. 

ination queries, reinstatement requests and follow-ups. 

anage all termination queries, reinstatement requests and follow-ups. 

ntary termination requests. 

anage all voluntary termination requests. 

rance-related queries and requests. 

anage all clearance-related queries and requests. 

all query-related matters. 

Types of queries managed by this department: Account closure 

try point for all query-related matters. 

Types of queries managed by this department: Account closure 

confirmation/request. Balance confirmations/query. Account status 

confirmation/request. Balance confirmations/query. Account status 

confirmation. confirmation. Statement Statement request. request. Paid Paid up up letter letter request. Refund 

request. request. All relevant All relevant operational queries to to be be referred to operational 

calation t for all point query-related for all query-related matters. matters. 

queues queues mentioned mentioned above. above. 

SECRET CONFIDENTIAL INTERNAL ONLY

First National Bank – a division of FirstRand Bank Limited. An Authorised Financial Services and Credit Provider (NCRCP20). Reg. No. 1929/001225/06.

DC Query Process DC Query Process 

www.nedbank.co.za

17.1, 17.2, Proposals, General 

correspondence: 

debtcounselling@africanbank.co.za 

To register for Legal Web Access: 

lwac@africanbank.co.za 

Reckless Lending investigations: 

RLA@africanbank.co.za 

ESCALATION PROCESS 

DETAILS COMING SOON

Debtfree Magazine August 2018

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