13/11/2023
Debt review finds a consumer to be over indebted.
It doesn’t matter how you pay the debt, via PDA or directly to your credit providers. The payment method of debt does not determine the debt review, you as a person is under debt review and until you as a person paid up all your debt the debt review remains in force.You cannot exit debt review unless all debt has been paid in full. Judgment 3 September 2019 full bench High Court directive refers.
If you do have a debt review order, the only way to exit is:
1. Pay all the debt and obtain a clearance certificate to exit you from debt review from a registered debt counsellor (no court, lawyer or company offering this service can in terms of the law issue a clearance certificate)
2. If there is a meterial defect in the process used to obtain the debt review order an application can be made to the High Court to have it reviewed, set aside or substitute a legally valid order.
3. You have to have proof that there is no longer any debt payable (from credit providers or a rescent credit bureaux report indicating that you have no debt listed)
4. Some info from the original DC indicating which credit agreements were affected: the form 16 signed or a list of debt confirmed by credit providers after the issue of the 17.1 and 17.2 forms as well as the proof of payments to be provided to the NCT in the application.
If you do not have a debt review order and your debt is up to date in accordance with the original credit agreement contracts there is a legal process which can be done on your behalf by a lawyer to have the debt review declared no longer required. If however you have to pay reduced installments to have funds for living expenses your are still over indebted and will not be able to exit debt review.
In certain circumstances it might be possible to not follow the court route but it depends on your individual issue e.g.
1. In debt review after marketing enquiry without permission or consent
2. Paid up all debt prior to the conclusion of debt review order granted and available to the National Consumer Tribunal
3. Prescription
4. Sometimes it is possible to do a complete reassessment, inform all the credit providers and attempt to reach an agreement with the credit providers not paid in full that you are no longer requring debt review – costs involved.
5. Other
A clearance certificate can only be issued by a registered debt counsellor when you can prove that all debt obligations part of the debt review is paid in full.
Each consumer’s circumstances is unique and there is not a one size fits all solution.
Any further assistance will be by quote.
https://www.sowetanlive.co.za/business/money/2019-08-15-five-critical-facts-you-must-know-about-debt-counselling/
https://www.businesslive.co.za/money/2019-09-03-no-court-can-release-you-from-debt-review/
https://www.schoemanlaw.co.za/the-case-of-debt-review-can-consumer-exit-debt-review-early/
Introduction When Consumers are over-indebted, they can use the Debt Review mechanism provided by the National Credit Act 34 of 2005 (NCA) to restructure their debts as long as the Consumer is a natural person and the NCA applicable. In terms of Section 79(1)(a) and (b) of the NCA, a Consumer is ove...