Most frequent questions and answers about administration:
Debt Counseling was formally introduced by the National Credit Act to help over-indebted consumers, especially in our current economic crisis. The goal of Debt Counseling is to develop a repayment plan which is affordable to you, as well as acceptable to all your credit providers. It is there to help you, so why not make use of it?
You are immediately protected against any person who wishes to collect debt from you.
The enforcement of all judgments are suspended.
Any deductions from your pay are stopped by court order.
Any person, who wishes to collect debt from you, must share in the administration money or such person must apply to court.
You must pay the amount of money ordered by court in monthly installments. You will either pay this to the administrator or it will be deducted from your salary and paid over to your administrator.
All costs incurred in the administration will be paid
An administration fee of 12,5 % is deducted
Any costs incurred due to the collection of the monthly installment is deducted
The balance is kept in a trust account and it is distributed pro rata amongst your creditors four times per year.
When your debt is fully paid, then you are given a certificate stating that fact. This certificate served to clear you name as a bad debtor.
You may not incur further debt without informing the person from whom you require credit that you are under administration. It is a criminal offence to incur debts while under administration without informing the credit giver if the fact that you are undeR administration.
If you change your work address or workplace or your home address, you must inform your administrator immediately.
You may not pay any creditor who was a creditor at the time you were placed under administration outside the administration. All creditors except thos pointed out in par 4 hereunder may only receive payment from the administrator.
The administrator must file a document called a distribution account in the court file 4 times a year after distribution of your money to creditors. You are entitled to see this at court or at your administers office free of charge.
You must pay your rates and taxes, electricity, water and service fees to the local authority every month.
You should apply to your children’s school for reduction of school fees and you must pay the school fees due after such reduction.
You must pay your housing loan. The bank will be entitled to sell your property if you do not pay the bond.
You must pay your levies If you live in a townhouse or flat.
You must pay your rent.
You must pay your telephone account.
You will experience the relief that Debt Review offers immediately. We will work out an affordable provisional repayment plan for you within the first 5 days. In terms of the provisional repayment plan, you will make a single monthly payment to a Payment Distribution Agency (PDA). The PDA will distribute the money according to your plan. Your Credit Providers will not be allowed to take action against you during the first 60 working days. During this time, we will prepare your final repayment plan.
No. If fact, Debt Review can save your home and vehicle. However, this will depend on your unique circumstances. Factors that will determine this include:
- Have you received a Section 129 letter from your Credit Provider; and, if so, how long ago? If you receive a Section 129 letter from your Credit Provider, you will have 10 working days to obtain the services of a Debt Counsellor, who will endeavour to save the asset.
- Have you been served with a summons in respect of your mortgage bond or vehicle finance?
- How many vehicles do you have and what are they used for? For example, quad bikes and jet skis may be regarded as luxury vehicles, therefore, may have to be returned to the bank.
- Are you giving your full cooperation in the program?
The bottomline remains that you will always be in a better position to keep your home and vehicle while you are under Debt Review, rather than trying to fight off the Creditors yourself.
It is different for everybody as every situation is unique. In order to lower your monthly instalments, we have to extend your repayment periods. In some cases we manage to convince Credit Providers to lower their interest rates, which means that your repayment period will not be stretched out too much.
Your debt repayment plan will indicate exactly when your last day of payment will be.
No, you do not have to appear in Court as your Debt Counsellor will be the applicant and you will be a respondent. As soon as our attorneys notify us of the outcome, we will notify you of the same immediately.
In the unlikely event that the magistrate requests your presence, it will most likely be to establish certain facts. You will not be questioned by any attorneys or anything like that as this will be a court application and not an action procedure.
No, while you are under Debt Review, your Credit Providers cannot “blacklist” you. However, if the “blacklisting” takes place before you apply for Debt Review, it will reflect on your credit record. This is another reason why you should rather apply earlier than later for Debt Review.
While you are under Debt Review, a flag indicating that you are under Debt Review will be present behind your name at the Credit Bureaux. Once you have satisfied your debt obligations, we will instruct the Credit Bureaux to remove the flag and there will be no indication that you have ever been under Debt Review.
However, if you do not apply for Debt Review, your situation can become much worse. If you skip monthly instalments on any of your Credit Agreements, whether it is a Mortgage Bond or a mere clothing account, this will be listed as non payments.
For purposes of obtaining credit in the future when you are back on your feet again, you should opt for Debt Review rather than juggling your Credit Providers by paying them less than your original instalment or not paying at all.
You can still contact us. There might be other means of assisting you. The sooner you contact us, the better our chances are of finding a workable solution for you
No. The idea is to get you debt free. Therefore, you will not be allowed to incur further debt while you are under Debt Review. Once your obligations towards your Credit Providers have been satisfied, we will issue you with a clearance certificate and you will be able to apply for credit again.
No. The whole process can be finalised telephonically and by email. Therefore, you can contact us no matter where you stay in South Africa.
In terms of the National Credit Act, as Debt Counsellors, we are allowed to lower your monthly payments by extending your repayment periods and, in some cases, lowering your current interest rate.
Debt Counseling evolved a great deal since it was launched by the NCA in June 2007. As is the case with the implementation of almost all new legislation, all the grey areas in the Act had to be found and tested in court in order for the Act to run smoothly. We are convinced that the industry has already reached the point where Debt Counseling is now running the way the legislator intended it to. We have successfully helped thousands of people since the inception of Debt Counseling back in 2007 and we are happy to see that more and more people are realising that the system works. So the answer is, yes. Debt Counseling does work.
In some isolated cases there were bad apples in the industry in the form of Debt Counsellors who were in it for a quick buck. Most of these bad apples have since been worked out of the system, ensuring a dependable industry that is helping thousands of South Africans deal with their financial distress. South Africa has managed to bring Debt Counseling to a point where it is regarded as one of the most successful of its sorts in the world.
It is imperative that you choose the correct Debt Counsellor though, as we are of the opinion that there are still certain Debt Counsellors in the industry who do not possess the necessary skills, competence and experience to offer you the full benefits that Debt Counseling can provide.
Unfortunately, no. In order to be placed under Debt Review, you have to have a monthly income that puts you in a position to make a reasonable offer to your Credit Providers. Therefore, if you are unemployed and you do not receive any other income, like rental income or pension, Debt Review is not the ideal solution for you. There are other solutions available that might be beneficial for you, so you can still contact us.
No. We never contact clients at work unless asked to do so.
No, it should not have a negative impact when you apply for another job in the future. In our opinion, if a new employer does a credit check on you and picks up that you are under Debt Review, it will obtain you respect, as the employer will realise that you did the responsible thing when you started to experience financial problems. Alternatively, if the employer picks up that you have defaults on your credit record and you did not try to fix it, it would not send a good message at all.