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Debtfree Magazine September 2018

SA's Free Debt Counselling and Debt Review industry magazine. What do you do if someone says they are coming to take your car? Why did the NCR remove the incentive to investigate reckless credit? Industry news and more.

SA's Free Debt Counselling and Debt Review industry magazine. What do you do if someone says they are coming to take your car? Why did the NCR remove the incentive to investigate reckless credit? Industry news and more.

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SOUTH AFRICA’S DEBT COUNSELLING MAGAZINE<br />

THEY’RE<br />

COMING<br />

FOR YOUR CAR!<br />

<strong>September</strong> <strong>2018</strong><br />

www.debtfreedigi.co.za


5


Dealing with debt stress can leave<br />

you wishing you could just get<br />

away and escape your problems<br />

for a day or two. That’s why long<br />

weekends and public holidays<br />

can be a real relief. That’s also<br />

why the first day back at work<br />

after a break can be tough.<br />

Debt stress is one of those things that<br />

make its way into almost every day.<br />

It hits you when you are at the shop<br />

thinking about if you can afford to<br />

buy certain items. It hits you when<br />

you are thinking about payday<br />

coming up and how quickly your<br />

money disappears. It even hits you<br />

while you are lying in bed at night<br />

thinking about life, the universe<br />

and everything. It impacts on your<br />

relationships and mood.<br />

Wouldn’t it be great to get away<br />

from all that stress? Well, you can<br />

but not in the way you might think.<br />

The truth is that with debt you can’t<br />

just run away or stick your head in<br />

the sand. You have to rather face it<br />

head on. You have to make a plan<br />

(sometimes with a little professional<br />

help) and then stick to the plan. That<br />

way, you can head to the shop and<br />

know how much to spend. You can<br />

know how much of your pay check<br />

will go towards your debt and what<br />

you will take home. Making a plan<br />

and sticking to it can even help you<br />

sleep better at night.<br />

It can be a real relief when you first<br />

enter debt review and things start<br />

to turn around. Your stress starts to<br />

recede. You have a plan and know<br />

what you need to do to stick to it. It<br />

is like a sudden break from all your<br />

debt stress.<br />

So, what happens when you have<br />

done all that and suddenly someone<br />

calls and says they are coming to<br />

take your car? PANIC!<br />

This issue we talk about what<br />

options you have when faced with<br />

a possible repossession. It is good<br />

to have a plan if this ever comes<br />

up, even if you are never faced with<br />

this situation. Avoid the panic by<br />

knowing what your rights are.<br />

We also talk about new court cases<br />

which are going to make it easier<br />

than ever to get your car and even<br />

home back and out of the clutches


of auctioneers. We also have lots of<br />

news including a look at how the<br />

NCR have done a 180 on the topic of<br />

reckless lending (which we covered<br />

in the previous issue in some detail).<br />

If you are dealing with debt and it<br />

is stressing you out then you should<br />

think about how you want to handle<br />

the situation. Some stresses you can<br />

avoid. Others you can manage.<br />

Some you have to face head on and<br />

crush.<br />

FROM<br />

THE<br />

E<br />

D<br />

IT<br />

O<br />

R<br />

You can decide how you want to<br />

deal with your debt situation. If<br />

you handle it right not only will you<br />

reduce your stress short term but<br />

you will also end up debt free.


NATIONAL CREDIT ACT<br />

AMENDMENTS<br />

C<br />

O<br />

NTENTS<br />

JOBS<br />

WIN AN ONLINE<br />

COURSE<br />

WHEN THEY<br />

COME FOR<br />

YOUR CAR<br />

SERVICE<br />

DIRECTORY<br />

DISCLAIMER<br />

<strong>Debtfree</strong> <strong>Magazine</strong> considers its sources reliable<br />

and verifies as much information as possible.<br />

However, reporting inaccuracies can occur,<br />

consequently readers using this information do<br />

so at their own risk. <strong>Debtfree</strong> <strong>Magazine</strong> makes<br />

content available with the understanding that<br />

the publisher is not rendering legal services or<br />

financial advice. Although persons and companies<br />

mentioned herein are believed to be reputable,<br />

neither <strong>Debtfree</strong> <strong>Magazine</strong> nor any of its<br />

employees, sales executives or contributors accept<br />

any responsibility whatsoever for their activities.<br />

<strong>Debtfree</strong> <strong>Magazine</strong> contains material supplied to<br />

us by advertisers which does not necessarily reflect<br />

the views and opinions of the <strong>Debtfree</strong> <strong>Magazine</strong><br />

team. No person, organization or party can copy<br />

or re-produce the content on this site and/or<br />

magazine or any part of this publication without<br />

a written consent from the editors’ panel and the<br />

author of the content, as applicable. <strong>Debtfree</strong><br />

<strong>Magazine</strong>, authors and contributors reserve their<br />

rights with regards to copyright of their work.


IF THEY SAY THEY<br />

WANT YOUR CAR


IF THEY SAY THEY WANT YOUR CAR<br />

IF THEY SAY<br />

THEY WANT<br />

YOUR CAR<br />

Having a collections person call you and tell you that your vehicle<br />

credit provider has instructed them to come and collect your car is a<br />

very scary thing.<br />

If you are not in debt review yet and are behind on payments you may<br />

wonder what to do. If you are already in debt review and know you have<br />

not missed payments you may be confused and concerned that something<br />

is wrong. What is the right thing to do?


South Africa’s<br />

leading Debt Counsellors<br />

since 2007<br />

Start getting out<br />

of debt today!<br />

www.creditmatters.co.za<br />

Call our national<br />

call centre on<br />

086 111 6197


IF THEY SAY THEY WANT YOUR CAR<br />

ARE YOU<br />

BEHIND ON<br />

PAYMENTS?<br />

The first question whether in debt review or outside of debt review is:<br />

have you missed any payments?<br />

If so, then your credit provider has the right to (1) ask you to hand back the<br />

vehicle so they can sell it on auction or (2) take legal action against you if<br />

you do not willingly just give it to them.<br />

What the credit provider really wants (it is not your car) is that you bring<br />

the account up to date. If you do this they will leave you alone. They know<br />

that if they chase you enough you will probably pay (in around 66% of<br />

the cases consumers find the money somehow before an asset is sold on<br />

auction).


IF THEY SAY THEY WANT YOUR CAR<br />

OUTSIDE OF<br />

DEBT REVIEW<br />

If you receive such a call and are not yet in debt review then this may<br />

be a serious indicator that the time has arrived to enter debt review.<br />

You have the option of handing the car over to the collections agent so<br />

that they can get their commission. If you manage to find the money to pay<br />

the arrears you should be aware that there will be all sorts of extra costs as<br />

well (like storage fees etc.). No, it’s not really fair but that’s another way<br />

they make money off you. If you can’t come up with the money then say<br />

goodbye to your car which will be auctioned off. It is very hard to ever get<br />

your car back. Be warned.<br />

If you decide you do not want to lose your car then you can simply tell<br />

the collections person:”No” and send them on their way. They will try to<br />

convince you to sign forms or that there will be many extra costs or that


they just need to keep the car safe. If you want to keep the car and try sort<br />

out the debt rather, then just say:”No”. If needs be take out your mobile<br />

phone and video the conversation.<br />

Why not go to the credit provider and give them a written offer (get them<br />

to sign a copy) of how you will make up the missing payments and when?<br />

You could also send this via registered mail and keep proof of the letter<br />

sent. You may need this later if they take you to court. You can then show<br />

this to the judge and prove that you wanted to make a plan. The judge may<br />

then approve the plan if they like it and see that you have been sticking to<br />

the plan you suggest to catch up payments.<br />

You also have the option to try get legal advice or help since this is a<br />

serious matter and you can easily lose the asset.


IF THEY SAY THEY WANT YOUR CAR<br />

WHILE IN<br />

DEBT REVIEW<br />

If you are under debt review and get such a call or sms or visit then<br />

do not panic. Step one is to send the person away. Tell them to leave.<br />

If they say they are a sheriff of the court then they can do whatever they like<br />

if this is true. Simply video them and repeatedly tell them that the vehicle is<br />

subject to a new court order (or is at court waiting for the order). Basically<br />

send them away.<br />

You should chat with your Debt Counsellor the same day. Talk directly to<br />

them and not just a member of staff. Don’t just leave them a message. Get<br />

them on the phone or go to their office asap.


Your Debt Counsellor will make it a priority to talk to the credit provider<br />

in question. They will correspond with them and try see what the problem<br />

is. Sometimes it is a miscommunication within the bank between different<br />

departments. They may have forgotten to load the new court arrangement<br />

onto their system. Their computers may have flagged your car for collection.<br />

Do not be quick to blame your debt review or your Debt Counsellor. They<br />

will help you protect your asset.<br />

It may be necessary to go to court to defend your car. If you get a summons<br />

in the post or someone at your old address tells you they got some papers<br />

in the mail you should immediately tell your Debt Counsellor and your<br />

attorney (who helped with the debt review court application – get their<br />

details).<br />

Going to court may seem scary but losing you car when you are paying<br />

every month is also very scary and unfair. The court can simply order that<br />

the credit provider leave you alone (possibly re-include the account into<br />

debt review) and even pay all the legal costs.


SURE<br />

Credit ProteCtion – debt review<br />

Applied to go under debt review?<br />

Restructuring your monthly expenses?<br />

why not insure all your accounts on the one Credit Protection?<br />

benefits offered<br />

• death – we settle the account<br />

• temporary disability – we pay your<br />

installment for 12 months<br />

• Permanent disability – we settle<br />

the account<br />

• Critical illness – we pay your<br />

installment for 3 months<br />

• retrenchment – we pay your<br />

installment for 12 months<br />

At a rate of R2.95 per R1000<br />

unsecured/short-term credit<br />

and R2.00 per R1000 on<br />

Mortgages, you can now<br />

insure your debt for less<br />

without compromising on the<br />

best benefits available.<br />

For further information please<br />

speak to your Broker alternatively<br />

contact your regional ONE office.<br />

0861 266 562<br />

admin.debt@one.za.com<br />

TERMS & cONDITIONS APPLY<br />

ONE Insurance Underwriting Managers (PTY) LTD Reg No. 1996/008987/07<br />

Authorised Financial Services Provider FSP8783 VAT No. 4370160501<br />

Underwritten by:<br />

A Member of A member of the Group


IF THEY SAY THEY WANT YOUR CAR<br />

MISSED<br />

DEBT REVIEW<br />

PAYMENTS?<br />

If you have missed any payments then you should be aware that you<br />

could lose your car. It does not really matter why you missed the<br />

payments.<br />

The Debt Counsellor may not be able to convince the credit provider or a<br />

court to protect your car if you do not regularly pay for it while under debt<br />

review.<br />

If you are worried about missing payments while under debt review then<br />

you can consider insurance in case you lose your job. Your Debt Counsellor<br />

will know more about that.


IF THEY SAY THEY WANT YOUR CAR<br />

DO NOT SIGN<br />

ANYTHING!<br />

Are you an expert at understanding legal forms and documents? Do<br />

you always check the fine print? If you are like most of us then you<br />

don’t.<br />

This can be a problem if you sign a form from a collections agent. They<br />

may slip in a second page which says they can take the car or that you<br />

want them to take it and you may not even realize it because they hide it<br />

behind another form like a vehicle inspection form.<br />

Rather ask that any forms be given directly to your Debt Counsellor. Provide<br />

them with the details and then send them on their way (all while video<br />

recording it).


KIM<br />

ARMFIELD<br />

AND ASSOCIATES<br />

DEBT REVIEW | CREDIT LAW | LITIGATION<br />

CONTRACTS | FAMILY LAW | WILLS & ESTATES<br />

Tel: 021 949 1758 | 084 702 3760<br />

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


IF THEY SAY THEY WANT YOUR CAR<br />

HAND OVER<br />

THE KEYS AND<br />

SAY GOODBYE<br />

If you hand a stranger with some papers and a good story your keys<br />

then they have not stolen your car. You have given it to them. So,<br />

don’t give your keys to strangers!<br />

Don’t simply believe claims that they have a court order or are there on<br />

behalf of a bank or the sheriff’s office. They may not even actually work<br />

for the bank or a collections agent even though they say they do. Beware!


TRICK<br />

TRICK<br />

Someone may show<br />

you a court order with<br />

your name on. Is it a<br />

stamped valid court<br />

order? You probably<br />

are not sure. Your<br />

legal team and Debt<br />

Counsellor should<br />

look over any forms<br />

first.<br />

Beware of signing a<br />

form showing any<br />

possible damage to<br />

the car. It might have<br />

several pages which<br />

include things you<br />

don’t understand.


TRICK<br />

TRICK<br />

Just because someone<br />

says they are a sheriff<br />

of the court doesn’t<br />

make it true. A sheriff<br />

will have proper<br />

identification and<br />

doesn’t need your<br />

permission to do<br />

anything. If they are<br />

still asking then you<br />

may need to<br />

photograph or video<br />

the person making<br />

the claim.<br />

A collections agent<br />

depends on<br />

commission for<br />

income. This can lead<br />

some to bend the<br />

truth or even lie.<br />

They may even threaten<br />

you with physical<br />

harm or extra costs.<br />

They may harass<br />

you in public. If this<br />

happens your Debt<br />

Counsellor can<br />

help you report the<br />

person to the correct<br />

authority.


HELP NEW<br />

MOMS &<br />

BABIES<br />

Being in Debt Review and Pregnant can be daunting prospect due to<br />

the sudden extra unexpected costs. It can even threaten to ruin your<br />

debt review. DCCS want to help pregnant Debt Review moms with a<br />

special gift hamper to help them deal with the extra costs.<br />

Each Hamper consists of nappies, creams, soaps, wipes, clothing<br />

and a receiving blanket. Would you like to donate a pack to help a<br />

pregnant debt review mom?<br />

DONATE R180.00 admin@dccsupport.co.za<br />

DEBT COUNSELLING<br />

COMMUNITY SUPPORT


DEBT REVIEW<br />

SCHOOL<br />

Never Miss a Debt REview Payment<br />

or you may lose all the progress<br />

you have made during your Debt<br />

Review


UPDATE<br />

NATIONAL CREDIT<br />

ACT AMENDMENTS<br />

The Portfolio Committee on Trade & Industry has been working for some<br />

years on a bill to help low income consumers to deal with their debt.<br />

Especially of interest to the committee were those who become unemployed.<br />

After many years, research trips and consultation the Portfolio Committee<br />

recently completed proposed amendments to the National Credit Act which<br />

include a new arrangement called Debt Intervention – which is debt review<br />

for low income or no income consumers done by the NCR.<br />

The Portfolio Committee passed the Bill to the Council of Provinces and<br />

then onto the National Assembly who all approved the amendments. The<br />

Bill is now sitting at the President’s office where it faces a final step before<br />

becoming part of law. If the President is happy that the changes to the<br />

NCA are constitutionally sound (an issue which has repeatedly been raised<br />

about the proposed changes) then the Amendments will be signed and<br />

published in the Government Gazette.<br />

It will then be seen if Credit Providers will take the matter to Court to try to<br />

prevent the Amendments from coming into effect or not. If not, then the<br />

Amendments will kick in at a disclosed date and the NCR will begin to offer<br />

this new way of dealing with debt to consumers. The Banking Association<br />

of South Africa estimate as many as 5 Million people may then give the<br />

NCR a call and ask for help in this way.


NCR CHANGE THEIR<br />

MIND ABOUT<br />

RECKLESS LENDING<br />

FEE GUIDELINE<br />

The National Credit Regulator (NCR) surprised the debt counselling<br />

and credit industry this month by recalling a fee which specifically<br />

was introduced a few months ago to incentivise Debt Counsellors to<br />

investigate Reckless Credit.


RECKLESS LENDING FEE GUIDELINE<br />

WHAT IS<br />

RECKLESS<br />

LENDING?<br />

When credit providers:<br />

(1) give credit to people who do not understand the obligations<br />

of the agreement,<br />

(2) have not completed or received all the required documentation,<br />

(3) do not check if people can afford the credit, or<br />

(4) if they grant credit which the consumer is not able to afford,<br />

this is called “reckless credit“.


PROFESSIONAL DEBT<br />

COUNSELLING ATTORNEYS<br />

TEL: 021 872 1968<br />

11 MARKET STREET, PAARL<br />

www.steyncoetzee.co.za


RECKLESS LENDING FEE GUIDELINE<br />

WHY THE FEE<br />

WAS ADDED IN<br />

THE FIRST PLACE<br />

Government is concerned that since the National Credit Act (NCA)<br />

was introduced so few reckless credit court cases have happened.<br />

They want to see consumers rights protected and predatory credit<br />

behavior curbed.<br />

One of the main reasons why Debt Counsellors are not eager to take on<br />

reckless credit investigations is because it creates a lot of extra work. It can<br />

even double the entire workload on a consumer’s matter. The initial work<br />

on a reckless credit investigation can be the same amount of work hours<br />

as is taken over 5 years of a debt review. This is a massive investment.<br />

Debt Counsellors were never obliged to do such investigations when the<br />

National Credit Act was introduced in 2007 due to the wording which left


this up to consumers applying for help (and the wording still has not been<br />

changed even though the Act has been amended before).<br />

Also, credit providers have been very bad at providing the necessary<br />

information for a proper investigation (because then there is then a danger<br />

that the account may actually be found to be reckless).<br />

Several different ways have been tried to force more investigations such<br />

as draft changes to the National Credit Act currently in process and even<br />

adding investigations into guidelines to the industry. These have to date<br />

had little impact.<br />

Finally, after many years there was seemingly a decision to try and<br />

incentive investigations by adding a small professional fee in the NCR<br />

debt counselling fee guideline. The incentive immediately had an impact<br />

and Debt Counsellors across the country began to conduct investigations.


RECKLESS LENDING FEE GUIDELINE<br />

HOW MUCH WAS<br />

THE RECKLESS<br />

LENDING FEE?<br />

The NCR fee guideline suggested a professional fee of R1500.<br />

At the time most Debt Counsellors felt a bit underwhelmed and disappointed<br />

at the low amount. However, with good systems and refinements to software,<br />

some companies soon realised that they could ‘make a go’ at doing such<br />

investigations regularly.<br />

Some ask: should this fee always be charged? The guideline introduces<br />

fees which Debt Counsellors can follow but do not have to*. They can, for<br />

example, charge less than the fee suggested. That said, the fee guideline<br />

includes many fees which are charged on every debt review matter and<br />

are worked into the process. Consumers do not make these payments<br />

above and beyond their normal monthly debt repayments via debt review<br />

and it does have the potential to save them thousands of Rands where<br />

reckless credit was granted.


RECKLESS LENDING FEE GUIDELINE<br />

ARE MANY CREDIT<br />

AGREEMENTS<br />

RECKLESS?<br />

One of the largest debt counselling firms in the country (DebtSafe)<br />

recently released a report into their investigations into reckless credit.<br />

They reported that they found thousands of probable cases of reckless<br />

lending (note: only a court or the National Consumer Tribunal can declare<br />

an account reckless – not a Debt Counsellor who can only report that<br />

something looks suspicious and why).<br />

Many Debt Counsellors only check for a single part of reckless credit: if<br />

the consumer could afford the credit at the time or not. There are however<br />

many other facets of reckless lending that are not being investigated<br />

which may actually push the incidents of this practice even higher. Many<br />

consumers do not understand the obligations they are taking on when<br />

applying for credit and contracts in South Africa are still very complex and<br />

hard to understand.


RECKLESS LENDING FEE GUIDELINE<br />

CREDIT PROVIDERS<br />

TAKING STRAIN<br />

If an account is found to have been recklessly granted it is possible<br />

that the amount will only need to be paid back after other debts are<br />

paid up but it can also result in the debt being possibly written off.<br />

While this may seem trivial in the case of a small debt of R1000 or less, a<br />

court finding that reckless credit was granted can result in the NCR asking<br />

the National Consumer Tribunal to fine a credit provider millions.<br />

When African Bank reported on irregularities at one of their branches the<br />

NCR took them to task and huge amounts of money had to change hands.<br />

Even scarier was the reaction of investors who panicked (there were some<br />

other warning signs at the same time) which saw the bank collapse soon<br />

after.<br />

This means that the banks have to make sure that even the most trivial<br />

small amount needs to be defended by the best Advocates they can afford.<br />

This is expensive (which is why they try to get the courts to make the Debt<br />

Counsellors pay the bills).


Banks are also being asked for papers from long ago and been given<br />

a very short time period to supply these documents which they may not<br />

actually have or even know where they are stored. One bank almost always<br />

claims the documents burnt up in a fire and they do not have them saved<br />

on their computers.<br />

When Debt Counsellors actually started asking for the required information<br />

they began to take strain. Not supplying the information is also very<br />

suspicious and can give the impression of hiding information or not having<br />

it.<br />

Looking for those documents also can be costly even if you do have them.<br />

Costs are to be avoided where possible in business. So credit providers<br />

began to make various suggestions about how they could avoid having to<br />

provide these documents at Credit Industry Forum (CIF) meetings. Many<br />

credit providers began to complain that Debt Counsellors where now<br />

doing reckless credit investigations (nobody likes change).


RECKLESS LENDING FEE GUIDELINE<br />

CONFLICTS WITH<br />

THE NCR TASK TEAM<br />

AGREEMENT &<br />

GUIDELINE<br />

Another unintended consequence of the new fee was that it sometimes<br />

pushed payments out of a time period which the NCR recommended<br />

in their 2009 Task Team agreement guideline.<br />

In that agreement, credit providers are meant to get payments at least<br />

in the third month of a debt review (after the Debt Counsellors fee and<br />

Attorney’s fees in month one and two). This was a pattern that most Debt<br />

Counsellors followed when making proposals. Recently, however, the<br />

NCR’s new changes to the fee structure has conflicted with the 9 year old<br />

report and guideline. It seems obvious that the new fee guideline would<br />

replace or change the old agreements but this was never expressly said by<br />

the NCR who may have failed to address this with credit providers when<br />

the fees were suddenly revised.


RECKLESS LENDING FEE GUIDELINE<br />

RECKLESS LENDING<br />

INVESTIGATIONS:<br />

OBLIGATORY OR NOT?<br />

The Draft Bill of Amendments to the National Credit Act which<br />

has been approved by the National Assembly and now sits on the<br />

President’s desk amends Sect 86(7) and makes it obligatory for Debt<br />

Counsellors to both investigate and report if they find something out<br />

of place and possibly reckless.<br />

The NCR’s own published Guideline on their 2009 Task Team Report about<br />

debt review says in Section 3.4 under the heading Reckless Lending:<br />

‘Debt Counsellors are obliged and encouraged, as part of the financial<br />

assessment, to identify reckless lending by Credit Providers…’In the<br />

annexure b2 – affordability assessment checklist (14) step 14.6 is clearly<br />

marked: ‘Check for Reckless Lending’ and on page 29 when talking about<br />

possible reckless lending and doing a quick test point 16.3 says: ‘The<br />

possible reckless debt indicator needs to be completed for each debt‘.


The NCR in that guideline states that: ‘The identification and determination<br />

of reckless lending is important’. So, it is abundantly clear from this<br />

guideline and the original Task Team Report, which all the major banks<br />

all signed off on, that the NCR clearly want it investigated in every matter.<br />

This then means that all accounts should be investigated and the fee then<br />

is perfectly legitimate on all matters, since all cases have to be investigated.<br />

Thus any complaint that Debt Counsellors should not be investigating<br />

every matter should be taken up with either the NCR or Parliament, as this<br />

is clearly the intent of the coming amendments and the NCR’s own 9 year<br />

old guideline.


RECKLESS LENDING FEE GUIDELINE<br />

DEBT<br />

COUNSELLOR<br />

REACTIONS<br />

The reaction to the NCR recalling their fee guideline has not been<br />

very positive from Debt Counsellors.<br />

Many Debt Counsellors have been less than complimentary about the<br />

recall and feel that the NCR are caving to pressure from credit providers<br />

who do not want them looking too closely into their lending practices<br />

(and potentially costing them millions of Rands in damage). Many credit<br />

providers, however, are happy and are saying they are glad to see an end<br />

to the abuse of this fee.


RECKLESS LENDING FEE GUIDELINE<br />

DEBT COUNSELLING FEE<br />

GUIDELINE: DID THE<br />

NCR GET IT WRONG?<br />

The last NCR fee guideline was released many years after the previous<br />

review and was met with a sigh of relief as Debt Counsellors saw that<br />

their fees were not going to be cut as they had feared.<br />

The addition of the reckless lending investigation fee was seen a small<br />

incentive and keeping aftercare fees consistently at the same amount over<br />

the years was as perceived as an acknowledgement of the work involved<br />

in debt review.<br />

Debt Counsellors had been calling for a fee increase for many years and<br />

even threatened legal action at some points. Associations did extensive<br />

research and the NCR themselves appointed a research firm to fully<br />

investigate and propose updated fees. This would then seem to imply that<br />

the process was thoroughly investigated and considered by the NCR, who<br />

have the right to publish their views on fees for the industry.


The timing of the release was not particularly auspicious when it did happen,<br />

as it came shortly after something of a TV scandal about a particular<br />

roleplayer in the industry and the NCR’s actions (or inaction up to that<br />

point) in regard to them. To some, it seemed like a knee-jerk distraction<br />

technique and hard questions were asked about why the promised<br />

actuarial consideration of the proposed fees had not taken place as was<br />

previously indicated would happen. Had this happened would a part of<br />

the fee guideline later have been recalled?<br />

The recall of one part of the fee guideline then calls the rest into question<br />

as well. Many have issues with the section on legal fees (note: the NCR<br />

acknowledge that they cannot set legal fees and only the law society can<br />

do so) which the NCR say should only be taken in the month the court<br />

action begins (this can be delayed by the courts for a long time or may<br />

never happen if things change to an application to the NCT).<br />

Some see the NCR removing legal fees attached to the NCT as an aggressive<br />

way to get Debt Counsellors not to make use of the NCT and to try sideline<br />

the NCT from the process.


RECKLESS LENDING FEE GUIDELINE<br />

NO MORE<br />

RECKLESS LENDING<br />

INVESTIGATING?<br />

With the message been sent that mistakes may have been made,<br />

that they may be bowing to pressure from some industry parties and<br />

perhaps now encouraging Debt Counsellors to not look to closely at<br />

reckless credit the NCR has some reputation management to take<br />

care of.<br />

Especially in the face of government pressure to do the opposite and the<br />

public not liking it when they think credit providers are being helped to<br />

hide their sins. Then too the NC R will have to take a fresh look at the Fee<br />

Guideline which they perhaps rushed out too soon. Will they review other<br />

aspects of the fee guideline such as when legal fees should be taken (as<br />

currently, attorneys do not like to work for free and not know if they will get<br />

paid)? That is unclear.


It should also be expected that the sudden uptick in reckless lending<br />

investigations will come to a halt or perhaps even totally dry up as the<br />

incentive has been removed and as the industry wait to see what happens<br />

with the new draft bill which is sitting at the President’s office and what the<br />

NCR now do with their guidelines (Task Team and Fees).<br />

*Debt Counsellors who do not like the guideline do not have to conform<br />

to it but can even appeal to the NCT to have the guideline set aside for<br />

them specifically if they wish.


Jothie Bechoo<br />

ATTORNEYS & DEBT<br />

COUNSELLOR<br />

Taking care of all your legal needs<br />

Specialising in Debt Review Applications<br />

for Debt Counsellors/Attorneys<br />

Our offices personally attends to debt<br />

review applications in the following<br />

courts:<br />

Durban<br />

Pinetown<br />

Chatsworth<br />

Verulam<br />

Ntuzuma<br />

We aim to have debt review orders<br />

granted at the first court appearance<br />

We avoid unnecessary adjournments<br />

Our fees are reasonable<br />

We have six years’ experience in Debt<br />

Review applications<br />

We assist clients in Rescission of Debt<br />

Review orders & administration orders<br />

Suite 7 Gladstone Court<br />

103 Smiso Nkwanyana [Goble] Road<br />

Morningside<br />

Durban<br />

Tel: 031 303 1004<br />

Mobile: 076 835 2810<br />

Email: jbechoo@jb-attorneys.co.za<br />

Also specializes in:<br />

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


DEBT REVIEW<br />

SCHOOL<br />

When Looking<br />

For Debt Help:<br />

Ask To See The Debt<br />

Counsellor’s Certificate


NEWS<br />

THE RANDS ROUGH<br />

ROLLERCOASTER RIDE<br />

The Rand has been dramatically<br />

rising and falling against<br />

the US Dollar over the last<br />

month amidst a mixed bag of<br />

influences. The announcement<br />

of poor performance by local<br />

economy and an official<br />

recession drove the Rand down,<br />

as did further movement in<br />

regard to land expropriation<br />

and tweets from US President<br />

Donald Trump. By contrast the<br />

announcement of Government<br />

plans to try bolster the failing<br />

economy through infrastructure<br />

investment and a R50 Billion<br />

economic stimulus package saw<br />

the Rand gain ground. Over<br />

the last 5 years the currency<br />

has weakened drastically, going<br />

from R10/Dollar to R15/Dollar.<br />

NCR V. MSF<br />

(DEREGISTERED<br />

CREDIT PROVIDER)<br />

Consumers who are investing<br />

with MSF and Loxfin are being<br />

promised a return of 13.5%<br />

per year through their smart<br />

way of investing in mortgage<br />

bonds. What they don’t know,<br />

is that MSF (Mortgage Secured<br />

Finance) is in a running battle<br />

with the National Credit<br />

Regulator (NCR).<br />

The NCR says that MSF was<br />

previously registered as a<br />

credit provider, but decided<br />

not to renew their registration<br />

in 2016. The media is now<br />

reporting that the company is<br />

still busy offering credit, which<br />

would be illegal if true. Only<br />

NCR registered individuals<br />

and companies are allowed<br />

to offer any form of credit for<br />

profit. The NCR are saying<br />

that they are already busy with


litigation (court action) against<br />

the company over other matters.<br />

MSF, however, say this is not true.<br />

Trouble is brewing as investors<br />

are being told that Loxfin is a<br />

financial services provider (or<br />

FSP) but Loxfin had its FSP licence<br />

withdrawn way back in 2012.<br />

Loxfin and MSF are presented as<br />

two cooperating companies, but it<br />

turns out that they share the exact<br />

same directors and even office<br />

address and contact info. This is<br />

not the only area of concern for<br />

investors.<br />

Loxfin and MSF are essentially<br />

receiving loans from members<br />

of the public (the investors) and<br />

lending these to a 3rd party, thus<br />

they are also conducting the<br />

business of a bank which would<br />

put them in contravention of the<br />

Banks Act if true. As a result, they<br />

have now attracted the attention<br />

of the SA Reserve Bank who are<br />

looking into the matter.<br />

During a hearing at the National<br />

Consumer Tribunal, the NCR<br />

learned that MSF are currently<br />

still collecting on debts even<br />

though they cancelled their<br />

NCR registration. The NCR say<br />

they will now pursue new action<br />

against MSF for doing so.


PETROL PRICE TO<br />

RISE DUE TO<br />

WEAK RAND<br />

ILLEGAL CREDIT<br />

PROVIDER ARRESTED<br />

Petrol is priced in Dollars<br />

(barrels of crude oil) and<br />

with the Rand losing strength<br />

against the Dollar and due to<br />

international factors pushing<br />

up the cost, it appears that<br />

South Africans will soon be<br />

paying over R17/litre for petrol.<br />

This could happen as soon as<br />

October <strong>2018</strong>. Government<br />

announced that they are<br />

going to be relooking at some<br />

administration costs associated<br />

with fuel to see if they can<br />

lower the cost to the public.<br />

Government however is looking<br />

to find money to cover their<br />

costs due to low tax payments<br />

from citizens earning less in the<br />

recession and added spending<br />

costs such as the “fees must<br />

fall” free education plan which<br />

ramps up over the next few<br />

years.<br />

A 22 year old Limpopo man has<br />

been arrested for breaking the<br />

National Credit Act. Reportedly,<br />

the man has been operating<br />

for some time as an illegal<br />

loan shark and was found to<br />

be illegally in possession of<br />

16 bank cards, 45 ID books<br />

and 4 Social Security Agency<br />

cards (for old age pension).<br />

The Hawks and National Credit<br />

Regulator worked together<br />

to investigate, identify and<br />

ultimately raid the illegal credit<br />

provider’s office at a local shop<br />

in Bela-Bela.<br />

The National Credit Act<br />

requires that anyone who lends<br />

money for profit must register<br />

with the NCR and regularly<br />

report to them.


KIM<br />

ARMFIELD<br />

AND ASSOCIATES<br />

When debt<br />

review clients<br />

don’t pay they<br />

put your entire<br />

practice at risk!<br />

We make sure you get paid for<br />

the work you’ve already done!<br />

Tel: 021 949 1758 | 084 702 3760<br />

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


NCR SPREAD A<br />

POSITIVE MESSAGE<br />

ABOUT DEBT<br />

COUNSELLING<br />

The National Credit Regulator<br />

(NCR) regulates the credit<br />

industry and registers the<br />

various parties, such as credit<br />

providers and Debt Counsellors.<br />

One of the requirements of the<br />

National Credit Act (NCA) for<br />

the NCR is that they educate<br />

consumers about their rights<br />

under the NCA, including the<br />

right to apply for debt review.<br />

This month the NCR distributed<br />

a press release all about debt<br />

counselling and how it helps<br />

consumers.<br />

In their press release, the NCR<br />

was quick to point out that the<br />

process is ‘debt counselling’<br />

and not ‘debt cancelling’. They<br />

also pointed to the importance<br />

of only dealing with a NCR<br />

registered party, and not some<br />

fly-by-night operation without<br />

certification (like so called “debt<br />

mediators” or people claiming<br />

they are Alternative Dispute<br />

Resolution Agents but who are<br />

not and are actually just doing<br />

unregistered debt review). The<br />

NCR also advised consumers<br />

to always make their monthly<br />

payments (the number one<br />

rule of Debt Counselling), stay<br />

on top of their debt situation<br />

during the process and<br />

understand exactly how debt<br />

review works.


MELIORLEAF WON’T<br />

LOAD YOUR PREMIUMS<br />

OR REPUDIATE A<br />

LEGITIMATE CLAIM JUST<br />

BECAUSE YOU’RE IN<br />

DEBT REVIEW<br />

Specialist insurance for people in debt review.<br />

Ask your debt counsellor.<br />

CALL US NOW 0861 635 467<br />

www.meliorleaf.co.za


We appear in the following courts and act as a correspondent for Dc’s<br />

and their attorneys.<br />

ATLANTIS<br />

BELLVILLE<br />

GOODWOOD<br />

CALEDON<br />

CAPE TOWN<br />

WYNBERG<br />

CERES<br />

GRABOUW<br />

HOPEFILED<br />

KHAYELITSHA<br />

KUILSRIVER<br />

MALEMSBURY<br />

MITCHELLS PLAIN<br />

MOORREESBURG<br />

PAARL<br />

PIKETBERG<br />

ROBERTSON<br />

SIMON’S TOWN<br />

SOMERSET WEST<br />

STELLENBOSCH<br />

STRAND<br />

TULBAGH<br />

WELLINGTON<br />

WORCESTER<br />

Please contact adri@kempdebruyn.co.za to<br />

enquire about our fees.<br />

<br />

<br />

<br />

+27 (21) 200 5644<br />

adri@kempdubruyn.co.za<br />

21 Station Street, Paarl, 7646


COURT MATTERS<br />

A number of important court cases are underway or have recently<br />

been held. We take a brief look at some of them and how they<br />

impact on the industry and debt review.


Gauteng High Court Rules on Auction<br />

Reserve Prices<br />

The South Gauteng High Court recently heard arguments from both<br />

banks and consumer organizations about the need to set a reserve<br />

price on a home that will be sold on auction to recover the bank’s<br />

funds. In 2017 changes to the law made it possible for judges who<br />

hear such matters, and who grant the banks permission to sell homes<br />

on auction, to set a reserve price before the auction. The intention<br />

was to prevent the sale of people’s homes for peanuts and then leave<br />

the consumer with a massive debt and no home.<br />

Although the new law was in place, it is being used inconsistently<br />

across the country. As a result, a full bench of judges were asked to<br />

rule on this matter in the Gauteng area. They were also asked to rule<br />

on whether a consumer who is in arrears, and is having their home<br />

sold on auction, can reinstate the bond by paying off all the arrears<br />

and reasonable legal costs (something about which there is still<br />

debate even though there have been previous court cases showing it<br />

is possible).<br />

A Minimum Auction Sale Price Must Be Set<br />

This month, the South High Court ruled that all houses and properties<br />

in their jurisdiction will have to have a reserve price set before a<br />

home is put on auction. Although they gave no specific guidance


on exactly how this should be done, and what that reserve price will<br />

be, this means that there should be a dramatic drop in any monkey<br />

business behind the scenes e.g. homes being sold on auction for R10<br />

(as has happened in the past).<br />

The court also said that all matters relating to a single case should<br />

be heard at the same time. This is in reaction to the banks often<br />

taking the same matter to high court (which is very expensive) twice;<br />

once for the amount owing and once for the order to be allowed<br />

to auction off the home. This double charge strategy has seen<br />

unfortunate consumers who already have financial difficulty, simply<br />

being financially unable to offer a proper defense.<br />

Consumer rights organizations say that this is a huge win for<br />

consumers, and will see the banks being forced to stick to the SA<br />

Constitution. They are also happy to have obtained confirmation that<br />

as long as a consumer pays up arrears and reasonable legal fees,<br />

they have reinstated the contract with the credit provider and in such<br />

a case the bank could not go ahead with a sale on auction any more.<br />

As long as such payments are made before the auction, the account<br />

would be reinstated and continue as normal.<br />

It is likely that this ruling will influence courts across the country,<br />

and that they too will begin to consistently set reserve prices for all<br />

auctions except in exceptional cases.


Die Republiek van<br />

SKYT AFRICA<br />

Hi daar Mense,<br />

Die van julle wat gereelde lesers van hierdie rubriek is sal teen hierdie<br />

tyd weet dat ek altyd poog om n bietjie humor in te bou maar vandag<br />

is ek in n ander gemoedstoestand. Soos Genis van Ko-operasie Stories<br />

sou sê, ek is beswaard, diep beswaard. Inderwaarheid grens dit aan<br />

n gemoedsbekakking. Kom ek skets vir julle hoekom.<br />

1. Daar bestaan nie iets soos n tegniese resessie nie, die land is nou<br />

amptelik in a resessie finish en klaar. Die woord tegnies word deur<br />

sekere media gebruik om die impak van n resessie sagter op die oor<br />

te maak, dit is egter wat dit is. Die impak van die resessie gaan ons<br />

as verbruikers verarm.<br />

2. Die gevalle van die staatskaping, bedrog, selfverryking en baantjies vit<br />

boeties kom nou daagliks na vore en nog is die einde niet. Dit behels<br />

miljarde Rande en ons belastingbetalers se geld. Belasting geld wat<br />

veronderstel was om die Land se boeke te laat klop. Weereens gaan<br />

dit n negatiewe impak op ons hê.


3. Sjina gaan nou miljarde in SA belê. Wat sal hul motief wees om<br />

geld in n bankrot ekonomie te stort? Sekerlik nie omdat hulle van<br />

ons hou nie – n pond vleis gaan hulle beslis terug eis. Elke lening of<br />

belegging kom met voorwaardes waarvan seker die belangrikste die<br />

terugbetaling daarvan is. Hulle het reeds in Sri Lanka en in Afrika<br />

staatsentiteite oorgeneem toe die lenings nie terugbetaal kon word<br />

nie. Weereens gaan ons vir die gelag betaal.<br />

4. Alhoewel die uitleenkoerse vir eers onveranderd bly help dit nie om<br />

inflasie te bekamp nie. Inflasie is soos n dief in die nag, jy sien hom<br />

nie maar jy sien die gevolge van sy besoek. Die koopkrag van jou<br />

rand word maand op maand minder vir basiese behoeftes.<br />

5. Die onlangse “toegewing”om die brandstof prys met net 5c te verhoog<br />

het R400M uit die staatskas gewis. En in Oktober staar ons in elk<br />

geval n verhoging van R1.25 in die gesig. Met so n redenasie is dit<br />

net bult op.<br />

6. Die meerderheid van die plaaslike munisipale metro’s is in wanorde<br />

en disfunksioneel. Rou riool spoel in die strate af en in ons kosbare<br />

riviere en damme. Diegene wat wel vir hul dienste betaal se geld<br />

word nie aan die korrekte owerhede betaal nie en gevolglik word<br />

water en krag afgesny van onskuldige persone.<br />

7. So gepraat van krag. Julle sal onthou dat ek n paar maande geskryf<br />

het oor die grootskaalse kragonderbreking in die ooste van Pretoria.<br />

Baie mense het verwag dat hul krag rekening na n onderbreking van<br />

nege dae sou daal. Die teendeel het egter gebeur met verbruikers<br />

wat n rekeninge gekry het met n styging van R1 000.


8. Die grondbesettings neem toe en die uitlatings van sekere politici<br />

blaas die vlam aan. Menseregte is een ding maar daar is ook n ding<br />

soos skending van menseregte. Dit gepaard met die dienslewering<br />

proteste waar eiendom en ander bates beskadig en verbrand word. Is<br />

dit georkestreer of slegs n minagting vir die res van die samelewing?<br />

9. Sommige gebiede in SA het n hoër sterftesyfer as oorloggeteisterde<br />

lande soos Somalië, Afganistan en Irak. Die verskil is ons sterftesyfer<br />

is moorde gepleeg. Irak 40 sterftes per 100 000 en Philippi Oos in<br />

die Wes Kaap 323 per 100 000. Is daar n totale verval van morele<br />

waardes in ons land?<br />

10. Skoolkinders wat onderwysers aanrand en selfs vermoor, is dit<br />

n voortsetting van wat hulle sien wat in hul woonhuise of in hul<br />

omgewings waarneem? Dat geweld n aanvaarbare optrede is?<br />

Ja ek besef my relaas is swartgallig en hopelik kom alles reg. Immers is<br />

daar nog onskuldige kindertjies wat met blye hartjies uitsien na n besoek<br />

van die tandmuis en die paashaas. Met die uitspraak dat aaptwak of<br />

papegaaislaai nou wettig is moet ek dit miskien probeer. In my oudag sien<br />

ook moontlik die tandmuis of die paashaas dan sal my gemoed ook sak.<br />

Ons praat weer volgende maand.<br />

Groete,<br />

Christo<br />

Christo Hattingh<br />

Kyk gerus my LinkedIn profile:<br />

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

* Seriously please do let us know if you found this article to be<br />

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


DON’T WORK WITH AN OUT<br />

DATED VERSION OF THE ACT<br />

UPDATED<br />

2017<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/


www.collectnetpda.co.za


Debt Counsellors Collective<br />

iDCC is waiting to hear back from<br />

the NCR in regard to our official<br />

request to join CIF.<br />

We encourage non-affiliated<br />

DCs to join.<br />

Listen to a great interview with<br />

Toby Chance MP, Shadow<br />

Minister for Small Business<br />

Development in SA. Toby is<br />

introducing new legislation that<br />

creates an Ombudsman for small<br />

businesses<br />

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

The NCA Amendments<br />

will make failure to<br />

report probable reckless<br />

credit a punishable<br />

offense - Join the<br />

Facebook discussion.<br />

www.allprodc.org


Visit our facebook page<br />

for more info.<br />

www.bdcf.co.za<br />

Free State Branch Meetings<br />

Kopano Nokeng Country Lodge,<br />

Date: 19th October <strong>2018</strong><br />

Gauteng Branch Meetings<br />

Kempton Park Golf Club<br />

Dates: 23rd October <strong>2018</strong><br />

KZN Branch Meetings<br />

Westville Country Club<br />

Dates: 26th October <strong>2018</strong><br />

Western Cape Branch Meetings<br />

Parow Golf Club<br />

Dates: 23rd October <strong>2018</strong><br />

NDCA continues to actively<br />

participate in industry<br />

forums, including the<br />

CIF, and looks forward<br />

to the implementation<br />

of proposed DCRS rule<br />

changes<br />

www.dcasa.co.za


JOB OPPORTUNITIES<br />

Social Media and Facebook Campaign Manager<br />

“Click Me” Digital Marketing is an affiliate of National Debt Advisors and is seeking to employ an experienced<br />

Social Media Marketing Manager with experience in creating and implementing social media and communications<br />

complaints. The requirements will be a Diploma or Bachelor’s Degree in Marketing, Advertising or Communications,<br />

coupled with a minimum of 2 years’ experience in social media community management. A Full understanding of<br />

PPC and SEO is essential, with full exposure to Social Media tools.<br />

Applications may be sent to andrea.c@ndadc.co.za<br />

Senior Web Developer (UX)<br />

“Click Me” Digital Marketing is an affiliate of National Debt Advisors and is seeking to employ a Senior Web<br />

Developer with experience in UX Design. We are searching for a dynamic individual who understands the customer<br />

journey and has the ability to lead in this regard. Requirements for this role: Experience in fundamentals such<br />

as HMTL, CSS, PHP, Javascript and Wordpress. A minimum of 5 years’ experience in Web Development and a<br />

qualification in UX design will be an advantage.<br />

Applications may be sent to andrea.c@ndadc.co.za<br />

Senior Recruitment Manager<br />

National Debt Advisors is looking for a Senior Recruitment Consultant to join their fast paced and expanding team<br />

placing local and/or permanent staff. Experience in Contact Centre recruitment is essential and advantageous<br />

to candidates from the Debt Review industry. The requirements for the role are as follows: Matric (Essential), A<br />

qualification in Human Resource Management (Advantageous), 360 recruitment experience, A minimum of 2<br />

years’ experience in contact centre recruitment and innovation in Talent Management.<br />

Applications may be sent to andrea.c@ndadc.co.za<br />

SEO Analyst<br />

“Click me”, a division of NDA have a fantastic opportunity on offer for a talented and confident SEO analyst to join<br />

our web SEO marketing team, based in Cape Town. We are looking to attract candidates with 2 years of experience<br />

in Search Engine Optimization, with a hunger to deliver successful SEO campaigns and grow within a dynamic<br />

team. The minimum experience required is a minimum of 2 years in Search Engine Optimization, experience in<br />

google “my business”, Schema-markup, voice serach SEO and AMP recommendations.<br />

Applications may be sent to andrea.c@ndadc.co.za


Payment Distribution Agency<br />

Area Sales Consultant & Training Officer<br />

Area: Centurion<br />

Salary: Market Related (Basic + Commission + petrol allowance)<br />

Key Responsibilities:<br />

• Scheduling of new business appointments<br />

• Cold calling<br />

• Achieve individual targets<br />

• Generate new sales leads and acquire<br />

new clients<br />

• Establish customer needs, developing<br />

opportunities and expand customer<br />

base<br />

• Update weekly call report<br />

• Prepare and present proposals and<br />

presentations to clients<br />

• Training clients on systems and<br />

product offerings etc.<br />

• Assist with customer care retention<br />

Skills:<br />

• Sound negotiation skills<br />

• An eye for business opportunities<br />

• Ability to work independently with<br />

minimum supervision<br />

• Ability to persuade and sell<br />

• Communication and Interpersonal<br />

Skills<br />

• Problem solving and creative thinking<br />

• Strategic and Consultative Selling<br />

Minimum Requirements:<br />

• Matric<br />

• Minimum 2 years’ experience in a<br />

similar position<br />

• Proven track record of having made<br />

target<br />

• Industry experience advantageous<br />

• Experience in presentation and<br />

negotiation of business solutions at<br />

senior management level<br />

• Valid Code 08 driver’s license and<br />

own reliable transport<br />

• Must be willing to travel<br />

• Excellent communication skills<br />

Competencies:<br />

• Integrity<br />

• Innovation<br />

• Drive for results<br />

• Influencing<br />

• Stress Tolerance<br />

• Communication (Verbal & Written)<br />

Please forward applications to: info@cmotion.co.za


STUCK<br />

USING<br />

ANCIENT<br />

TECHNOLOGY?<br />

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


don’t be a twit<br />

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All professionals have professional indemnity if the unforeseen<br />

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professional indemnity as stipulated by the ethical code?<br />

contact us today for more information<br />

086 111 2882<br />

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

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WHY ARE YOUR DCRS<br />

PROPOSALS BEING<br />

REFUSED?<br />

9 Years ago, in the NCR Task Team agreement, credit providers were<br />

happy to agree that they would get payment at least by month 3 of<br />

the debt review process.<br />

Some fees would go to the Debt Counsellor in Month One (and if any extra<br />

was available these would go to the credit providers), some fees would<br />

go to the Attorneys in Month Two (and if any extra was available these<br />

would go to the credit providers) and by Month Three credit providers were<br />

happy that they would get a payment for sure. After all credit providers<br />

need to get their payments. It is the entire purpose of debt counselling -<br />

Consumers paying off their debts.<br />

DCRS is a computer calculation software package which automatically<br />

agrees to concessions and repayment plans for people under debt review.<br />

DCRS has old programming which does not take into account the recent<br />

changes.


Several months ago the NCR & DTI changed the fee structure for PDAs.<br />

The fee structure as suggested by the NCR for debt review also changed<br />

a few months back.<br />

So, when Debt Counsellors are sending DCRS proposals which include the<br />

recent (now defunct) reckless credit investigation fee then sometimes this<br />

means that credit providers might not get a payment in the third month<br />

of the proposal. DCRS may still calculate that the debt can be repaid<br />

within the time period it is looking for (eg.60 months). However when<br />

some credit providers are analyzing the DCRS proposal (which in theory<br />

they have pre-agreed to) their internal rules may cause them to refuse the<br />

DCRS proposal.


WIN<br />

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sections which deal with debt review.<br />

Corporate Rebels are offering just such a course online. That means you can log in<br />

whenever you have a few minutes and go through the material on your computer (or<br />

device). Online learning offers education, convenience and ease of access all rolled<br />

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it helpful if they work with debt review matters.<br />

An online Course dashboard tracks your progress so you can log out and in any<br />

time and not lose your place. All the documentation you need for the course can<br />

easily be downloaded right from the online course. After a review section (with a pass<br />

requirement of 70%) you will receive a proficiency certificate to match your expanded<br />

understanding of the NCA and debt review process in particular.


WANT TO WIN A FREE ONLINE<br />

COURSE?<br />

To Enter & Stand a Chance to Win*<br />

answer this COMPETITION QUESTION:<br />

HOW MANY ORGANISATIONS OFFER AN<br />

ONLINE LEARNING COURSE WHICH YOU<br />

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Let us know via email and you will be entered into the draw to win an online<br />

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HINT:<br />

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CLICK HERE TO EMAIL US YOUR ANSWER<br />

info@fcmsa.co.za<br />

* T&Cs exist and the final winner will be notified by email. The winner will be chosen by<br />

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For more info head over to Corporate Rebels website: http://www.rebels.co.za/eLearning/


CLICK THE C<br />

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FINANCIAL<br />

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Credit Matters<br />

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Take the First Step<br />

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Tel: 079 520 4369<br />

Tel: 016 100 8020<br />

tlcdebt@mweb.co.za


Specialist Debt Management Centre<br />

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Tel: 012 377-3557<br />

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DEBT NO MORE - NCRDC1973<br />

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Tel: 016 423 6301<br />

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9 River Road<br />

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Tel: 083 490 3339<br />

velaphi@infitech.co.za<br />

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103 Smiso Nkwanyana [Goble] Road<br />

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South Africa’s<br />

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Debt Review Specialists<br />

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DEBT FREE, STRESS FREE<br />

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Credit Matters<br />

South Africa’s Leading<br />

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14th Floor, The Pinnacle<br />

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Credit Matters<br />

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LIMPOPO<br />

National Debt Advisors<br />

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South Africa’s Leading<br />

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14th Floor, The Pinnacle<br />

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Depopulating a generation of over<br />

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Office no 2, 5 A Schoeman Street,<br />

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www.maaudebts.co.za<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 />

South Africa’s<br />

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086 999 0606<br />

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MPUMALANGA<br />

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52 Kerk Street<br />

Lydenburg<br />

Tel: 087 802 7054<br />

Tel: 087 151 1034<br />

www.gmcdebtsolutions.co.za<br />

National Debt Advisors<br />

Fighting For Consumer Justice<br />

Tel: 021 007 1688<br />

www.nationaldebtadvisors.co.za<br />

Romi Oliphant<br />

Debt Counselling<br />

Service<br />

013 650 0116<br />

rodcs4u@gmail.com<br />

http://rodcs4u.webs.com/<br />

WhatsApp<br />

062 502 5987<br />

South Africa’s<br />

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Leading<br />

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14th Floor, The Pinnacle<br />

Cnr Strand & Burg St<br />

086 Cape 999 Town 0606<br />

Tel: 086 111 6197<br />

Fax: 021 425 6292<br />

info@creditmatters.co.za<br />

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2014<br />

Debt Review<br />

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2016<br />

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National Debt Advisors<br />

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Tel: 021 007 1688<br />

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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 />

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NORTH WEST<br />

Depopulating a generation of over<br />

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www.maaudebts.co.za<br />

South Africa’s<br />

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National Debt Advisors<br />

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14th Floor, The Pinnacle<br />

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Tel: 086 111 6197<br />

Fax: 021 425 6292<br />

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NORTHERN CAPE<br />

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National Debt Advisors<br />

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Credit Matters<br />

South Africa’s Leading<br />

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14th Floor, The Pinnacle<br />

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CHOOSE<br />

YOUR<br />

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ISISEKO DEBT HELP<br />

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TEL: 087 230 0223<br />

FAX: 086 551 1649<br />

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Credit Matters<br />

South Africa’s Leading<br />

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WESTERN CAPE<br />

CONSUMER DEBT SUPPORT<br />

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Cell: 082 641 2328<br />

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0860 061 008<br />

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081 785 3724<br />

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SUPPORT SERVICES<br />

011 451 0041<br />

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lana Van Herwaarde,<br />

DC Operation Centre (PTY)<br />

Tel: 0867227405 Email:<br />

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LEGAL<br />

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(T) 021 930 5790<br />

(F) 0866070940<br />

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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 />

CREDIT<br />

BUREAUS<br />

Xpert Decision Systems (XDS)<br />

South African information bureau.<br />

Cape Town | Johannesburg<br />

+27 11 645 9100<br />

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www.xds.co.za


PAYMENT<br />

DISTRIBUTION<br />

AGENCIES<br />

COLLECTNET<br />

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044 873 4530<br />

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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


Department Email address / Contact number TAT<br />

Call Centre 0861 005 901<br />

Absa<br />

En<br />

For your convenience we now offe<br />

in these departments are subject m<br />

could delay the resolution of your q<br />

Option 1: Updated balances, s<br />

Option 2: Any COB related qu<br />

Option 3: Any proposal relate<br />

Option 4: Any termination rel<br />

DRCob@absa.co.za 5 Business Days Pr<br />

DCTransfer@absa.co.za 5 Business Days M<br />

Certificate of balance<br />

DCCOBQueries@absa.co.za 5 Business Days M<br />

Debitordercancellations@absa.co.za 5 Business Days M<br />

DCRCAssessment@absa.co.za 10 Business Days M<br />

Proposal<br />

DCProposalquery@absa.co.za 10 Business Days M<br />

DRProposals@absa.co.za 10 Business Days Pr<br />

Legal Courtapp@absa.co.za 5 Business Days Al<br />

Termination<br />

DRTerminations@absa.co.za 10 Business Days M<br />

17.4@absa.co.za 10 Business Days M<br />

Clearance DCClearanceCertificate@absa.co.za 5 Business Days M<br />

KYC DCKYC@absa.co.za For return of KYC forms.<br />

Debtreviewqueries@absa.co.za 10 Business Days En<br />

Service<br />

Debtreviewmanager@absa.co.za 5 Business Days Es<br />

2 | Presentation title


Function<br />

nity to call our contact centre and be transferred to specific departments. Note that our consultants<br />

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

ettlements, refunds and general enquiries<br />

Function<br />

Debt Review<br />

try Points<br />

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

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

uery.<br />

tatements, settlements, refunds and general enquiries<br />

eries e 17.1 application.<br />

d queries<br />

ated queries<br />

t counsellor swaps and system changes.<br />

ocessing of the 17.1 application.<br />

escalated queries and follow-ups.<br />

anage all debt counsellor swaps and system changes.<br />

it order cancellation requests.<br />

anage all COB escalated queries and follow-ups.<br />

s lending allegations.<br />

anage all debit order cancellation requests.<br />

posal escalated queries and follow-ups.<br />

anage reckless lending allegations.<br />

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

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

l legal documents to be provided to this department for review.<br />

ination queries, reinstatement requests and follow-ups.<br />

anage all termination queries, reinstatement requests and follow-ups.<br />

ntary termination requests.<br />

anage all voluntary termination requests.<br />

rance-related queries and requests.<br />

anage all clearance-related queries and requests.<br />

all query-related matters.<br />

Types of queries managed by this department: Account closure<br />

try point for all query-related matters.<br />

Types of queries managed by this department: Account closure<br />

confirmation/request. Balance confirmations/query. Account status<br />

confirmation/request. Balance confirmations/query. Account status<br />

confirmation. confirmation. Statement Statement request. request. Paid Paid up up letter letter request. Refund<br />

request. request. All relevant All relevant operational queries to to be be referred to operational<br />

calation t for all point query-related for all query-related matters. matters.<br />

queues queues mentioned mentioned above. above.<br />

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<br />

www.nedbank.co.za


17.1, 17.2, Proposals, General<br />

correspondence:<br />

debtcounselling@africanbank.co.za<br />

To register for Legal Web Access:<br />

lwac@africanbank.co.za<br />

Reckless Lending investigations:<br />

RLA@africanbank.co.za<br />

ESCALATION PROCESS<br />

DETAILS COMING SOON

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