What is Debt CounsellingDebt advice - what is it?
Advice on debt and how it works
Debt advice for me? This is a procedural form of debt counseling that provides for a user to be pronounced overindebted and for the debt counselor to agree a revised debt settlement schedule and receive a judicial order approving the new debt settlement schedule. Debt advisors must be enrolled with the National Credit Regulator and have an NCRDC number.
NDMA uses the service of a debt consultant. The following will take place once it has been pronounced overindebted and has been included in the debt consultation: As long as you continue to make payments under the new agreement, you will be legally indemnified for a term of 60 working days from the date of filing the petition and upon conclusion of the agreement; all your lenders must cease to call you and to contact your debt counselor; you will be recorded in the Loan Office as being in the Debt Counseling; as long as you are in the Debt Counseling, you will not receive a loan until you are granted a Clearance Certificate when you have complied with your obligation under the court order and in accordance with the National Loan Act.
For the DEBT COUNSELLOR, the overall goals are as follows: Make a workaround available: Offer you an decent level of income while paying off your debt according to your financial viability - this will include keeping the house and car wherever possible; providing you with an arranged, reasonable and feasible per month household to solve the problem in the least amount of space of your mind; providing you with a system of repayments that your lenders can accept and that the court will approve; preventing the return of your property if possible; allowing you to continue your work.
Honest and open cooperation with the debt advisor; declaration of all property and liability - incl. all income and debt as well as bonus and increase in salaries; payment of the debt register and advisory fee as revealed at the first session; adherence to the arranged installments and payment thereof at the arranged times; agreement and commitment to the debt restructuring procedure - this may involve the issuance of credits card, the closure of bank account and the realisation of some property.
Work with the Debt Advisor to help normalise the debt; positively consider the redemption offer; make sure that the customer is supported in a just and impartial manner throughout the redemption period; help the customer regain creditworthiness as soon as possible.
The following chart explains how these charges are made. Debt counsellors may be charged the following charges to customers who have requested debt counselling: Reorganisation charge equal to the lower of the first rate of the debt rescheduling scheme for a customer whose claims have been approved under 86(7)(b) or 86(7)(c).
Attorney's feesA attorney's service charge for a compliance order of R750. Supplementary attorney costs to be bargained independently with the user and the DC must be able to create propertys. You must compile the following documentation before you go to the debt counselor: A debt advisor is obliged to notify all lenders and bureaus of the debt request within 5 working days of acceptance of the request if a customer requests debt verification.
"1 "1, which the debt advisor sends to the lenders and bureaus ), the lender is obliged to submit a Certificate of Balance (COB) which provides the debt advisor with the necessary bank information for the evaluation. The information helps the debt advisor to make an exact evaluation of affordable debt and then give an exact explanation of whether the customer is over-indebted.
Debt advisors should perform an evaluation in accordance with NCA rules to establish whether the user is overindebted and to estimate the amount available for debt repayment. When the debt advisor classifies the debtor as not overindebted or not having legal capacity, the debt advisor rejects the request and sends a "Form 17.
"2 "2' to creditors and bureaux and identifies the sales point confirming that the customer is not over-indebted. In the event that the debt advisor finds the debtor to be overindebted and entitled by law to audit the debt, the debt advisor should within 30 working days following the submission of the request report to both the lender(s) and the loan bureau(s) that the debtor is actually overindebted and the debt advisor will advise all concerned using "Form 17".
After acceptance as part of the debt advice, you make a repayment, which is then redistributed to your lenders by a distribution office. It is also in charge of providing consumer accounts and payments plans to debt advisors, employer and lenders, as well as handling enquiries from relevant stakeholders.
Consumers can decide whether they want to keep paying their accounts payable directly and not use a personal digital assistant (PDA). The proof of payment must be sent to the debt consultant on a regular recurring base for accounting and aftercare purposes, as a customer cannot be verified without a debt consultant.
Advisory debt counselling charges shall be paid to a debt advisor for provided assistance, including the cost of follow-up charges. In order for a debt counselor to be able to certify that a debtor is safe, all follow-up charges must be up to date. If the debt adviser has stopped the supply of the debt servicing, a customer must furnish evidence of a letter of settlement from creditors in order for a debt adviser to be able to give a safety attestation.
In certain cases, a lender may cancel a loan contract (notice of termination) and take appropriate steps. A cancellation may occur if you are in arrears with your debt advice payment or if your debt advisor fails to complete the procedure within the specified deadlines. However, the Law of 19 December 2014 amending the Loan Act stipulates that a lender is not authorised to end the debt audit after the debt adviser has remitted the case to the Magistrate's court to issue a debt audit order while the debt audit is still underway.
Pursuant to Section 71(2)(b)(i) of the NCA, a debt adviser must draw up a clearance certificate (Form 19) if the debtor has fully discharged all his debt under every loan contract which was the object of the rescheduling order or agree. As soon as a release certificate has been made out, loan agencies are needed to take away all information about the debt advice, and you can then begin to get back your loan.
Now, the National Crédit Amendment Act allows you to complete debt counseling early after you have paid off your uncollateralized credits and paid off your outstanding home mortgage. Once you are found to be over-indebted and involved in the trial, it will be very hard to pull out of the trial and even harder to get the debt advice banner out of your bank's file.
MAY A DEBT ADVISOR END OR REVOKE THE DEBT VERIFICATION PROCEDURE? Debt advisors have no legal authority to end or revoke the debt audit procedure. That means that a debt advisor can no longer fill out Form 17. Set your credit rating to G (Voluntary withdrawals by the consumer) or G (Withdrawals by a debt counselor).
However, there are several ways in which a debt audit can exclude a private individual from the debt audit, which are explained below. IS IT POSSIBLE FOR A CUSTOMER TO CANCEL THE DEBT ASSESSMENT AS SOON AS A DECISION HAS BEEN MADE BY THE COURTS? As soon as a judicial decision has been issued, a citizen cannot end or revoke the debt verification procedure, but can turn to the judicial authority to revoke the decision or request a decision declaring that the citizen is no longer overindebted.
After receiving the order, a debt advisor will inform the lenders of the revocation by means of Formular 17. Updating DHS and G is possible. CAN A USER WITH ACCESSORY OR DEBT EXAMINATION PROFESSIONAL PREPERENCE BE POSSIBLE BEFORE RECEIVING THE DEBT EXAMINATION LEGISLATION? Only before declaring over-indebtedness in accordance with section 86(7) of the Act and issuing Formular 17 may customers revoke or end the debt verification procedure.
Commitment 2 conditional on paying debt advice charges in accordance with NCR guidelines for debt advice. When a decision is made and there is no judicial decision, the debt is examined by the debtor. The debt advisor will inform the lenders of the revocation by means of Formular 17.
Updating C and DHS with G state. Can a user be assigned to another debt vendor? Consumers undergoing debt verification may be assigned to another debt advisor, with all debt advisor charges payable once it has been determined that the prior debt advisor has completed the proper procedure.