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Debtfree DIGI Jan 2016

SA's Free Debt Counselling And Debt Review Industry Magazine. What to do when you get scary sms' or call. How to complain to the NCR and what to expect. PDAs, Credit provider interviews and industry news.

SA's Free Debt Counselling And Debt Review Industry Magazine. What to do when you get scary sms' or call. How to complain to the NCR and what to expect. PDAs, Credit provider interviews and industry news.

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South Africa’s debt counselling magazine<br />

<strong>Jan</strong>uary <strong>2016</strong><br />

www.debtfreedigi.co.za


Feeling the economic pinch?<br />

Hyphen PDA provides effective financial solutions & increases Debt Counsellor profitability.<br />

The Debt Counsellors’ PDA of choice!<br />

As business partners we provide long lasting solutions to Debt Counsellors.


Chris van der Straaten,<br />

Head: PDA<br />

082 557 0437<br />

Malcom Povey,<br />

Head: Operations PDA<br />

082 445 5604 www.hyphenpda.co.za


“ It always seems<br />

impossible until<br />

it is done” - Nelson Mandela<br />

Specialist Attorneys dealing<br />

with Debt Review matters<br />

Magistrates Court<br />

and High Court Matters<br />

Tel 021 913 2514 Fax 0866070940 Email info@liddles.co.za<br />

PHYSICAL ADDRESS 7 Chenin Blanc Street, Oude Westhof Postal address PO Box 3407, tygervalley, 7536


CONTENTS<br />

NEWS<br />

Complaints<br />

Nedbank<br />

Interview<br />

Scary Calls<br />

& SMS’<br />

PDA’s<br />

SERVICE<br />

DIRECTORY


EDITOR’S NOTE<br />

For those who got to have a break at the end of<br />

the year, going back to work, school and reality<br />

in <strong>Jan</strong> can be somewhat down heartening. All<br />

that fun is soon forgotten, especially when<br />

the bills arrive or the collections people start<br />

to call. However <strong>Jan</strong>uary is also a time to look<br />

ahead and if necessary make plans for change.<br />

It is a natural psychological fresh start. This is<br />

why so many of us plan to lose weight, make<br />

more money, start that business, exercise more<br />

and get rid of debt. And the holidays followed<br />

by back to school stuff can sure run up those<br />

debts super fast. It is no wonder then that the<br />

industry has experienced a higher than normal<br />

amount of applications for debt review so far<br />

this month. One large firm who takes on lots of<br />

clients even reported having twice the normal<br />

number of applications this month.<br />

Let’s be honest, with all the negative economic<br />

factors and increases in prices (and a weakening<br />

Rand, interest rates going up etc) it is going to<br />

be a very tough year. Those who managed to<br />

scrape by in years past are probably going to<br />

have to make some big changes this year if<br />

they want to even have a chance of being able<br />

to afford a roof over their head and food on the<br />

table.<br />

complain (and who to complain to). We also<br />

look at new online resources which consumers<br />

can use to learn more about dealing with debt<br />

and the debt review process.<br />

Recently the Nedbank Debt Review Centre<br />

had a change in leadership and we discuss<br />

this fresh start as we interview Denise Hartley<br />

about her new role. We also consider how<br />

you can build a good team spirit at your firm.<br />

Daring to go where angles fear to tread, we<br />

address the industry ‘elephant in the room’ as<br />

we look at the looming situation developing<br />

with regard to Payment Distribution Agencies<br />

and application of certain requirements of<br />

the NCA & Regulations. That and other news,<br />

advice and stories.<br />

Nothing makes a better fresh start than getting<br />

to grips with your financial situation when it<br />

has been out of control. If you have not already<br />

done so then maybe now is the time to talk to a<br />

Debt Counsellor and take the first steps toward<br />

becoming debt free.<br />

Getting financial help through debt review<br />

means learning to trust a new person (your Debt<br />

Counsellor). In this month’s issue we discuss<br />

who and when to trust and when it is time to


Switch<br />

to easy<br />

• Individual, dedicated business bank account per Debt Counsellor<br />

• National Representation - regular office visits by skilled, trained agents<br />

• 24 hour access to system, including distributions data - from any PC,<br />

cell phone or tablet with internet access<br />

• Dedicated account managers for EACH Debt Counsellor<br />

Agent: Petro de Beer<br />

e-maill: petro@dcpartner.co.za<br />

Cell: 083 6139 826<br />

www.dcpartner.co.za


Professional Debt<br />

Counselling Attorneys<br />

Tel: 021 872 1968<br />

11 MARKET STREET, PAARL<br />

www.steyncoetzee.co.za


INDUSTRY<br />

CONSUMER<br />

NEWS FLASH<br />

For daily debt counselling news in 3 minutes or less visit www.debtfreedigi.co.za<br />

Debt Review TV<br />

<strong>Jan</strong>uary saw the launch of a new debt review<br />

information service called Debt Review TV.<br />

DRTV is essentially an online ‘TV’ channel all<br />

about debt review and debt counselling. The<br />

project is still in it’s infancy but the aim is for<br />

DRTV to be the easiest place for consumers<br />

to watch online news about debt review ,and<br />

to find videos and TV shows all about dealing<br />

with debt or debt review. Already consumers<br />

can visit the online youtube.com channel and<br />

watch TV show episodes like: Carte Blanche<br />

and Money Matters as well as the SABC’s<br />

Rands with Sense all of which have content<br />

about debt review. Also on DRTV are web<br />

episodes of Media24’s, Finance24, SABC News<br />

and lots of interviews with Debt Counsellors.<br />

Watch Videos Now: https://www.youtube.<br />

com/channel/UCHPA46jtA6fgoephpbIzQtQ<br />

Reckless Lending<br />

Court Case<br />

A number of years ago (before the National<br />

Credit Act kicked in) Mr. & Mrs. De Beer were<br />

approaching retirement age and were planning<br />

for their future. They settled upon the idea of a<br />

small holding with some farming. Mr. De Beer<br />

(and later Mrs. De Beer) used their payouts upon<br />

retirement to buy a small holding and begin<br />

farming. Things did not go exactly according to<br />

plan and so they had to turn to the bank for a<br />

loan... or two... or three. At one point they even<br />

tried to sell the property but that fell through.<br />

The couple were well into their 60s. Recently<br />

the bank tried to take legal action against the<br />

couple and to sell off the property. The couple<br />

with the help of some legal experts raised the<br />

defense of Reckless Credit granting by the<br />

bank. They were able to do so since the last big<br />

loan (they asked for R300 000 and were given<br />

R500 000) was after the NCA came into effect.<br />

At that time the bank were dealing with both<br />

the couple and their daughter (as surety).<br />

Since 2007 credit can be declared ‘reckless’ for<br />

a number of reasons such as if the consumer<br />

never understood what they were signing,<br />

could not repay what was demanded or if the<br />

bank never checked all the facts and figures<br />

or never provided the right papers to the<br />

consumer. The court case in regard to this<br />

particular matter took place at the end of 2015<br />

and the verdict recently became available.<br />

Some of the main points which came to light<br />

were that The couple were older and faced<br />

having to settle the loan at the age of 85+-.<br />

This would put them well beyond the age were<br />

they might realistically be able to earn and pay.<br />

The property was their main residence/only<br />

home. As such selling off the property would<br />

leave them homeless. As in many other cases<br />

ABSA had lost all the original documents. The<br />

consumers also said they were not properly<br />

evaluated by the bank. At one point, the couple


NEWS CONTINUED<br />

say they were just called and told to go sign<br />

papers after the bank had dealings with their<br />

daughter (a business lady whose business was<br />

barely ticking over herself). This was for R500<br />

000. Various loans and payments show the<br />

farm was in unsuccessful. The judge described<br />

it as a bottomless pit into which money was<br />

being poured and said no one could think<br />

this was a successful business and good<br />

investment, including the bank. Four large<br />

loans were taken to try keep the farm afloat. In<br />

2003 – R100 000; in 2005 – R200 000; in 2006<br />

– R651 000 in 2008 – R500 000.<br />

The bank made the couple’s daughter sign<br />

surety for the loan. In their calculations (on the<br />

computer) the bank used the income of the<br />

couple (R600+ each month)PLUS that of the<br />

daughter. This is a problem since a surety is only<br />

relevant when the main parties to a loan fail to<br />

make payment and not during the evaluation<br />

of ability to pay. Even so, the daughter would<br />

not have been able to pay the amount each<br />

month anyway.<br />

During the case expert witnesses for both sides<br />

were called and the Judge found that the bank<br />

had failed in it’s obligations (both financial and<br />

moral). The lack of original paperwork harmed<br />

the bank’s case greatly. though as usual they<br />

pointed to other typical documents that might<br />

have been in use at the time. The fact that the<br />

bank took the daughter’s income and lumped<br />

it together with the parents when working out<br />

their ability to repay the loan was also a big<br />

mistake by the bank.<br />

Due to the bank failing to make sure the<br />

consumers could actually pay back the<br />

amount required every month the judge<br />

declared to loan ‘reckless’ and has told the<br />

bank they cannot have the property or the<br />

money back. It was also highlighted that to<br />

avoid credit being reckless a creditor not only<br />

has to do an assessment but also the result of<br />

the assessment (if it shows the consumer cant<br />

realistically pay) needs to be used. You can’t<br />

do an evaluation and realistically see that a<br />

consumer will not be able to pay and then still<br />

lend them the money anyway.<br />

The case sets a number of important presidents<br />

and also serves to encourage those who in the<br />

past have been victims of reckless lending.<br />

These things take time and effort but it is<br />

often worth it to fight against legal action by<br />

a bank who is actually dealing with the result<br />

of it’s own employees past mistakes. The bank<br />

have made it clear that they have learnt from<br />

past issues, like this, and have changed their<br />

internal policies (a few years back now) so that<br />

the income of the surety is no longer taken<br />

into consideration when doing affordability<br />

assessments. It is encouraging to see that this<br />

policy has already wisely been changed - this<br />

case was from quite a while back. No doubt this<br />

was a strong R1.7 million reminder of exactly<br />

why the policy was changed in the first place.<br />

Download: ABSA v De Beer & other Case<br />

no.26749 2001<br />

African Bank<br />

Find New Insurers<br />

African Bank (which is now under curatorship),<br />

has announced that they have secured a new<br />

insurance arm for their banking and credit<br />

granting operations. This follows after a lot<br />

of fun and games involving members of their<br />

old home grown insurance (Standard General


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marijke wessels:<br />

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terms & Conditions aPPly<br />

terms & Conditions terms aPPly & Conditions aPPly<br />

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

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

LTD Reg No. 1996/008987/07<br />

Underwritten by:<br />

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

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

Underwritten Underwritten by: by:<br />

A Member of A Member of A member of the A member of Group the Group<br />

A Member of A member of the Group


NEWS CONTINUED<br />

Insurance Company) got greedy and basically<br />

put themselves out of business. African Bank’s<br />

curator, Mr Tom Winterboer, announced that<br />

Guardrisk Life Limited has been appointed to<br />

underwrite their insurance (for African Bank<br />

and Good Bank). It is a bit convoluted but<br />

Afircan Bank’s InsureCo (which will hold all<br />

insurance interests as part of the Good Bank<br />

Group) will be underwritten by Guardrisk Life as<br />

of mid <strong>Jan</strong>uary <strong>2016</strong>. Brian Riley, CEO designate<br />

of Good Bank, said: “We are extremely pleased<br />

with this significant development which<br />

provides further impetus to the anticipated<br />

finalisation of the restructuring of African<br />

Bank in less than three months’ time. The new<br />

arrangement with Guardrisk, a leading cell<br />

captive insurer, represents a big step forward,<br />

and is mutually beneficial for both African<br />

Bank and its customers.” African Bank Curator<br />

Mr Winterboer plans to launch the new Good<br />

Bank during April <strong>2016</strong>.<br />

Finchoice and FoneChoice<br />

At the close of the year the National Credit<br />

regulator sent out a circular in regard to<br />

credit provider Finchoice. They asked all Debt<br />

Counsellors to use the following number when<br />

communicating with Finchoice: 0861 346 333.<br />

DC Annual Renewal Fees<br />

to be 5 x More Expensive<br />

From <strong>2016</strong>?<br />

The Department of Trade and Industry have<br />

published for comment a proposal that Debt<br />

Counsellor annual renewal fees be set at<br />

R500 (as opposed to the current R100). The<br />

proposal is probably based on the idea that<br />

the National Credit Regulator (NCR) have plans<br />

to issue annual registration certificates to Debt<br />

Counsellors who renew their registration. At<br />

present, the NCR only issue such certificates<br />

once when Debt Counsellors first apply. They<br />

still renew the registration each year. The main<br />

change then is the printing and distribution<br />

of these certificates. It seems that this may<br />

cost 5 times as much as previously. There has<br />

been a lot of concern across the industry that<br />

the NCR may not have capacity to handle the<br />

many thousands of certificates which will<br />

need to be produced each year in a timeous<br />

fashion. The plan will no doubt require that the<br />

NCR hire a large number of staff if they even<br />

want to realistically try to accomplish this goal.<br />

This will require a lot more salaries be paid.<br />

In 2015 the NCR were said to have run into<br />

funding / budgeting problems and spent their<br />

budget before the year ended. It could be that<br />

the DTI & NCR feel that the fees simply need<br />

to be reviewed after so many years since the<br />

fees were first published. This is something<br />

that has been raised over the last few years<br />

by Debt Counsellors particularly in regard<br />

to the fees that Debt Counsellors can charge<br />

for performing a debt review. One of the<br />

consequences of the NCR running out of funds<br />

was that they announced that they were not<br />

going to able to complete a review of the fees<br />

Debt Counsellors themselves can charge as<br />

they would not be able to pay their consultants<br />

in this matter. The DTI have called for comment<br />

on the proposed changes. If you feel the<br />

increase is too high, too low or otherwise, feel<br />

free to comment. You can Download the DTI<br />

Notice Here: http://debtfreedigi.co.za/wpcontent/uploads/<strong>2016</strong>/01/Proposed-DTI-regto-Increase-DC-Renewal-Fees-<strong>Jan</strong>-<strong>2016</strong>.pdf<br />

You can send your comment (before 12 Feb<br />

<strong>2016</strong>) to: SKumkani@thedti.gov.za


HOW TO DEAL WITH<br />

SCARY SMS’S or<br />

PHONE CALLS WHEN<br />

IN DEBT REVIEW


The situation may arise where a consumer gets a collection call,<br />

supposedly from a credit provider (or a collections agent) and<br />

the person on the line claims that they are not receiving funds<br />

from the Debt Counsellor. Immediately you will know that the<br />

collections person is somewhat unfamiliar with just how the<br />

debt review process actually works.<br />

Debt Counsellors don’t touch the Money<br />

The amendments to the National Credit Act (from March 2015) prohibits a Debt Counsellor from<br />

acting as a collection agent or do payments for consumers. In Chapter 5 of the Regulations it<br />

says: “ a Debt Counsellor must not collect and distribute monies on behalf of Consumers”. This<br />

means that the Debt Counsellor, while responsible for the repayment proposal and negotiations,<br />

is not responsible for any consumer’s actual debt repayment. Even so, such a call may cause the<br />

consumer to panic. The consumer may start to think that the Debt Counsellor could be doing<br />

something funny or not doing their job.<br />

Who to Trust?<br />

The question is: why would you suddenly trust a complete stranger on the phone, who you have<br />

never met when you know your Debt Counsellor, talk to them often, pay them each month, read<br />

emails from them and are able to go visit their office any time you want? Why trust a stranger<br />

over someone you know?<br />

When they demand Proof<br />

When a creditor calls a consumer to discuss payments or lack thereof, it is always the consumers’<br />

responsibility to provide the creditor with proof of payment. The proof of payment can be<br />

provided by the 3rd party payment agent appointed by the consumer (a PDA) or their own<br />

deposit slips (if they are paying directly themselves). Since a Debt Counsellor does not deal with<br />

the payments it is not really the Debt Counsellor’s responsibility to provide proof of payment.<br />

They do not carry that info on their internal system. If however, a creditor does ask for proof of<br />

payment directly from a Debt Counsellor, rather than a consumer, then the Debt Counsellor must<br />

obtain it from the consumer (or their PDA) and provide it to the creditor as speedily as possible.<br />

Scary SMS’<br />

It is important to know that collections sms’ are usually not typed up one by one with you<br />

specifically in mind. It is not like they are specially sent to you by a human. Sorry they just don’t<br />

love you enough to do that. They are normally automatically generated on a computer software


system and sent in bulk to thousands of consumers, from a number to which you cannot reply.<br />

Those sms’ are not legally binding, they are at best simply reminders or providing you with<br />

information. Debt Counsellors can do nothing about them. Consumers can however complain<br />

to the credit provider, ombud or NCR if they wish.<br />

Scary Phone Calls<br />

The same goes for a call center agent claiming that your debt review is somehow “terminated,<br />

deleted, cancelled, legal action is forth coming or they have no knowledge of any debt review<br />

and various other “interesting” claims they make. Debt review is a legislative process with lots<br />

and lots of paperwork. It is a process done via the courts (not over the phone). So be sure to ask<br />

your Debt Counsellor to provide you with a copy of your complete court application as all the<br />

required documentation is contained therein. Since you have to sign an affidavit along the way<br />

that says you have read these papers you should get a copy anyway. Normally this court stuff will<br />

happen in the second month of your debt review (maybe 3rd month). If any call center agent<br />

claims they don’t know about the debt review, ask for their email address and send these papers<br />

to them. A court order is a formal process and must be dealt with in a formal manner. Call center<br />

agents, MUST be trained to know and understand the National Credit Act and need to provide<br />

a consumer with documentation (as prescribed in the Act) to back up their claim. E.g. if your<br />

debt review application is not completed thought the courts a creditor may issue a NOTICE to<br />

inform the consumer that they intend to terminate the debt review. If they say this is happening<br />

then ask for the papers to show this. If this is true then it would be good to speak to your Debt<br />

Counsellor in those circumstances. There are several remedial actions your Debt Counsellor can<br />

then take upon receipt of such a notice. True termination of the process is only really possible<br />

with the granting of a court judgment. It is also good to know that for it to be valid, an 86(10)<br />

termination notice must be served on three parties: the consumer, the Debt Counsellor and the<br />

NCR via registered mail. This is prescribed by law and as you can imagine takes a long time.<br />

Are you being Lied to?<br />

If there is no judgment actually terminating the credit agreement between you and the creditor,<br />

then the claim from the call center agent is simply untrue. Please note it is required by law for<br />

consumers to be RICA’d and FICA’d and if your contact details are not updated and legal notices<br />

are sent to the incorrect address it will be a problem for you. This is your responsibility not the<br />

Debt Counsellor’s. If you move be sure to let everyone know. It helps protect you. Hiding does<br />

the opposite.<br />

Missed a Payment?<br />

If your debt restructuring court order has already been granted and you are in arrears with<br />

payment, then creditors do not have to serve a notice but can summons you directly. Non or<br />

partial payments on court orders are contempt of court and creditors have the right to start legal<br />

action. It is oh so very important that consumers do not skip any payments when a court order


is granted. If you have problems meeting your payment obligations as set out in the court order,<br />

contact your Debt Counsellor straight away and ask them to assist you before legal action is<br />

taken. Don’t just imagine that there will be no negative consequences for missing payments. If<br />

you leave it and a lawyer gets involved it means you will end up spending more money that could<br />

have better been used to pay off debt. This is not something the Debt Counsellor is responsible<br />

for and if legal action is needed it will have to be referred to a lawyer.<br />

Who must pay the actual Debts?<br />

You may be surprised to learn that some people get confused about this point. Debt Counsellors<br />

are what Is called Non Officio applicants on a debt review court order which allows them to<br />

facilitate the completion of the debt restructuring process but this does not mean that the Debt<br />

Counsellor is in any way responsible for the consumer’s debt repayments. It is the consumer<br />

who drives the car, lives in the house, spent the money from their credit card/personal loan. and<br />

they are responsible to pay it back. Don’t expect someone else to pay your debts for you and<br />

never miss a payment.<br />

What to do when a call center agent is phoning you:<br />

· If they claim that they do not know about the debt review matter then ask the call center agent<br />

to provide you with an email address and then you can send them your debt review court order/<br />

court application. Alternatively send the creditors email address to your Debt Counsellor and ask<br />

them to send it on your behalf to the creditor and cc you in the email.<br />

• If the call center agent does not have an email address or fax number in order for you to provide<br />

them with documentation, ask them to send you the required legal notices. Those legal<br />

notices must also include the proof of service (which is a Post Office track and trace number<br />

and dates sent and/or the Sherriff’s notice of delivery). Ensure that the Debt Counsellor gets<br />

a copy from you to attend to.<br />

• If the call center agent claims they are not receiving payments, ask them to provide you - in<br />

terms of section 110 of the Act - with a full statement of your account in order for you and/<br />

or your Debt Counsellor to investigate why they are not receiving payments. You can also<br />

send them the monthly distribution lists of debt repayments or your own proof of payment.<br />

• If they ask you for contact details, inform them that if they claim to be the creditor you are<br />

RICA’d and FICA’d and they should have your details on record. Beware of scams!<br />

• If you ask the call center agent to phone the Debt Counsellor and he/she refuses, the call<br />

center agent might be 100% correct. In terms of the PoPI Act the collection agent may not<br />

speak to a 3rd party about you. Your personal information is protected by this Act. The<br />

creditor themselves however has a copy of the debt review documentation giving them


permission to speak to the Debt Counsellor about your situation. This is just another way to<br />

know who is phoning you.<br />

• Do not give any call center agent any personal information, ask them to provide it to you for<br />

you to confirm. Once again: Beware of scams!<br />

• If you do not want to give a call centre agent permission to record your voice then inform<br />

them. They may be confused but will have to (a) turn off the software recoding the call or (b)<br />

end the call.<br />

What won’t help at all<br />

Asking a call center agent to phone your Debt Counsellor when you have not made any payments<br />

won’t help. It might get them off the phone but the reality is that the Debt Counsellor cannot<br />

help you or them. After all the Debt Counsellor went to a lot of trouble to make a plan they knew<br />

you could realistically stick to and told the court that you would be able to do so. Something else<br />

to remember is that if you do not pay your creditors it is usually the case that the Debt Counsellor<br />

was not paid either. You have stopped paying for their service. A Debt Counsellor is like any<br />

other service provider, if they don’t get paid, then they don’t have to provide a service.<br />

What to do when a creditor is Harassing you<br />

Sometimes collections calls can go too far. If you are being harassed by creditors or by collections<br />

agents then you do not have to just accept it. You can take action to make it stop. Here are some<br />

of your many options:<br />

Complain to the NCR on form 29:<br />

http://www.ncr.org.za/sd-complaints<br />

Complain to the Council for Debt Collectors:<br />

http://cfdc.org.za/procedure-for-complaints/<br />

Complain to the Law Society if the collection agent works for a lawyer:<br />

http://www.lssa.org.za/public/complaining-about-an-attorney<br />

Complain to the Consumer Commission:<br />

http://www.thencc.gov.za/<br />

All complaint processes take some time but if you don’t complain you will never get anyone<br />

to change their behavior. If lots of people complain then these firms and naughty collections<br />

agents will have to change their processes.


Protect your<br />

credit profile<br />

Take immediate action if you’re struggling to repay your loans.<br />

How you know you might be trouble<br />

How do you know if you’re heading for credit trouble? Here are some warning signs.<br />

• You depend on inconsistent, unpredictable income such as overtime or an extra part-time<br />

job to pay your bills, or you are always looking for extra cash by selling goods to pay your<br />

debts<br />

• Your expenses exceed your income and you run out of money be fore the end of the month<br />

• You borrow money from family members and friends to get through the month or pay your<br />

bills<br />

• You are repeatedly at or near the maximum credit limits on your credit or store cards, and<br />

other credit<br />

• You often struggle to make the minimum payments on any of your credit agreements<br />

• You regularly miss payments and keep falling further behind every month<br />

• You can’t save or need to take money from your savings to pay bills<br />

• You take more credit to pay off other credit and to make ends meet<br />

What can you do?<br />

Be proactive. These steps can help you when you find yourself in financial trouble and can’t<br />

make your loan repayments.


• Contact your credit providers to negotiate and reschedule or consolidate your credit<br />

• Stop increasing your debt. Close unnecessary accounts and limit yourself to only 1 or 2<br />

important ones<br />

• List all your credit. Prioritise paying off debt that is close to being paid off first, or credit with<br />

the highest interest rate, or accounts where legal action is being taken against you<br />

• Use our cellphone app to view your transaction history and start tracking your expenses.<br />

Keep a record of all money that goes in and out of your accounts. Identify areas where you<br />

overspend and reduce those expenses. Cut any spending on luxury items<br />

• Once you’ve paid off one account, use the money you save to help pay off another debt<br />

• Add income by selling anything you don’t need. If you can, use your hobby to make extra<br />

cash<br />

• Get a credit health check up. Once a year you can get a free credit report from one of the<br />

credit bureaus<br />

• Look at your insurance products to see where can switch to a cheaper option. Use the money<br />

you save to help pay off your debts


Complaining<br />

to the NCR<br />

(as per the NCA)<br />

“I personally believe we developed language because of our<br />

deep inner need to complain.” <strong>Jan</strong>e Wagner<br />

When it is time to Complain<br />

If you are having serious issues with a credit provider, credit bureau, PDA or Debt Counsellor<br />

then you probably have thought about complaining. Complaining is perhaps easier these days<br />

than ever before. Social media is a big outlet for complaints as are sites like Hello Peter but in<br />

most cases all these companies have internal complaints processes that you can first make use<br />

of. This allows for a friendly and cooperative process that works for both parties.


Maybe you have not received your monthly statement from your PDA or creditor. Perhaps you<br />

have been verbally abused or are being harassed by a collections agent. Perhaps you have not<br />

been able to make contact with the company despite many visits and emails, calls and sms’.<br />

What though if you have not got a response to your complaints or maybe the response you<br />

received is entirely unsatisfactory. This may mean that it is time to take the matter to the next<br />

level. The question is: who can you complain to?<br />

The NCR<br />

In SA, all complaints against registrants under the National Credit Act (Debt Counsellors, Creditors,<br />

Credit Bureaus and PDAs) fall under the jurisdiction of the National Credit Regulator (NCR). The<br />

NCR is a body established with jurisdiction in the Republic of South Africa and subject only to the<br />

Constitution and the law. The NCR is required, by law, to investigate all alleged contraventions<br />

of the National Credit Act (NCA) by any of the registrants including reckless credit. The NCA says<br />

that the NCR have to be impartial, transparent without fear or favour and may not be prejudiced.<br />

If you complain to them then the NCR is required to investigate. The NCR can’t just decide not to<br />

investigate. The NCR don’t rule on the matter, as if they are a court or anything but they do have<br />

a look into the matter and can refer the matter on to an ombud (with jurisdiction), consumer<br />

court or an alternative dispute resolution agent or appoint an investigator as quickly as possible.<br />

These parties can help pursue the investigation and will hopefully assist you in understanding<br />

the situation. After completing an investigation and finding a problem the NCR is then required,<br />

by law, to refer the matter to either a consumer court, the National Consumer Tribunal (NCT) or<br />

the National Prosecuting Authority (NPA).<br />

Recently the NCR received complaints about several different credit providers charging illegal<br />

insurance on consumers accounts. After an investigation, the matters were referred to the NCT<br />

for a ruling. The NCR suggested to the NCT that the credit providers be given big fines to punish<br />

them and refund the consumers. In some extreme cases the NCR has even asked that the NCT<br />

cancel the registration of a credit provider or Debt Counsellor.<br />

What Not To Expect<br />

Don’t expect the NCR to solve your problem for you. The NCR is not legally in a position to make<br />

a ruling on a matter or actually just close a complaint but are bound in terms of the Act to refer<br />

the matter to the relevant authority. What many people don’t know is that if the NCR does not<br />

find that a contravention of the Act is relevant (or don’t want to investigate) they must issue the<br />

complainant with what is called a Non-Referral letter. The consumer can then use that letter to<br />

refer the matter to the National Consumer Tribunal by themselves if they are unhappy with this<br />

outcome and are convinced there is a problem.


How To Complain<br />

If you have tried and failed to get help from the other party then after communicating with them<br />

several times it may now be time to complain to the NCR. Their website is www.ncr.org.za. They<br />

have a special page for complaints on their site namely http://www.ncr.org.za/sd-complaints.<br />

In terms of section 136 you can use fill in a complaint Form 29 with all the details of the problem<br />

in order for them to investigate.<br />

The Form 29 that you download is a bit silly as it hardly has any space for the actual complaint.<br />

Don’t worry about that you can just add a page or pages at the back of the form with as many<br />

details as possible so that they can fully understand the issue. This may mean that you have a lot<br />

of pages. It is better to add more info than leave anything out.<br />

Once completed you can send it to: complaints@ncr.org.za. If possible try send the smallest file<br />

size as their server does have limitations and complaints of several Gb will just bounce back.<br />

It Takes Time<br />

With the internal turn around goal time set at 90 days (3 months) it is important to be realistic<br />

about these matters. Complaints can take many months and in some cases even years to fully<br />

resolve with the NCT etc once referred there. Understanding how the NCR handle a complaint<br />

matter will help you anticipate their response and a realistic turn around time. It is a rule of<br />

thumb that complaints take a while and you may need to be proactive and follow up after a<br />

short while just to check that it is receiving attention. You will then have to wait and see where<br />

they refer the matter to. Remember to ask for a Non-Referral letter if they say the matter is not<br />

going to be investigated further.<br />

Article References: The relevant sections of the National Credit Act are Section 12 – 19 and<br />

Section 136, 139 and 140 to be read with Regulation 50 and 52.


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

happens. Do you as a professional Debt Counselor have<br />

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 />

www.in2insurance.co.za<br />

ACCOUNTING | TAX | AUDIT | CONSULTING<br />

telephone 079 888 7200<br />

email info@bkfaccountants.co.za<br />

www.bkfaccountants.co.za


head of Nedbank<br />

Debt Review Center<br />

<strong>Debtfree</strong> <strong>DIGI</strong> spoke to the new head of the Nedbank Debt Review Centre Denise Hartley. We<br />

asked her about when she got into the industry, how she feels about the future of debt review<br />

and her new role at Nedbank.<br />

What did you do before working for Nedbank?<br />

Before joining Nedbank, I was an admitted attorney practicing in the field of commercial litigation.<br />

When did you first begin working for Nedbank (in what capacity)?<br />

My blood became green in mid-2007 upon being appointed as Manager Admin Orders.<br />

How have you found working on the legal side of debt review matters?<br />

There’s an old Chinese curse that says, “may you live in interesting times.” Working on the legal side<br />

of debt review has definitely been interesting. The fact that there are still some interpretational<br />

issues surrounding the National Credit Act is exacerbated by the fact that each Magistrate has<br />

his or her own interpretation and requirements. If you get to court and you have a different<br />

Magistrate, just about all your papers need to be re-done. However, what has been wonderful to<br />

experience is the sense of camaraderie within the debt review industry between debt counsellors<br />

and credit providers. As the industry has matured more and more debt counsellors and credit<br />

providers are engaging to find workable solutions for clients who are experiencing financial<br />

difficulties. The number of opposed matters has dropped significantly and even where there are<br />

matters where no consensus can be reached, my experience has been that this is dealt with in a<br />

more mature way rather than being viewed as a personal affront.<br />

You have been involved with Debt Review for a while, how are you finding the transition to


your new role?<br />

The Debt Counselling industry, probably because it is still quite young, is such a dynamic and<br />

challenging environment. I don’t think it matters if you stay in the same role or change roles,<br />

you learn something new each day, you are exposed to something you have never come across<br />

before each day and you are definitely stretched and challenged. I think that all of us who have<br />

stuck it out in this industry for a while are definitely the kind of people who operate at their<br />

best under a certain amount of pressure. I am definitely enjoying the continued learning and<br />

development that my new role affords me.<br />

Should we expect any changes from Nedbank DRC in the near future?<br />

The Nedbank Debt Counselling department has continually tried to improve our processes, learn<br />

from other role players and innovate where possible. My goal is that the industry should continue<br />

to see these types of changes happening as we strive to make responsible debt counselling<br />

happen for our clients who are experiencing financial difficulty. We will continue to focus on and<br />

strengthen our engagements with the various industry stakeholders to ensure that the current<br />

trend of finding common ground and working together towards the shared goal of our mutual<br />

clients’ financial well-being continues.<br />

Where do you see the debt review industry going in the future?<br />

In my personal opinion, the clients who are currently in debt review are just the tip of the iceberg.<br />

It is my view that there are many more over-indebted consumers out there and that, in the<br />

current economic climate, it is going to get worse before it gets better. I have faith that as an<br />

industry we can continue to work together and find even more common ground in order to<br />

effectively reach and assist as many struggling South Africans as we can.<br />

What is the biggest challenge facing your department at present?<br />

(What can DCs/consumers do to help?)<br />

The biggest challenge remains communication. I would encourage all Debt Counsellors, who have<br />

not yet done so, to set up a meeting with ourselves to discuss their portfolios and any difficulties or<br />

problem matters. We will make whatever arrangements we can in order to facilitate constructive<br />

interactions. The most important thing is to keep the channels of communication open. Very<br />

often a Debt Counsellor will identify a trend with regards to difficulties being experienced with<br />

a particular credit provider. It is always more effective to address the overarching issue than to<br />

query each individual matter. Our experience has been that when we explain what we mean by<br />

a certain request or response or when the debt counsellor advises how their process works, very<br />

often we are able to resolve the root cause of a problem which frees up a lot of back and forth on<br />

individual matters. A common understanding of where the other party is coming from is easier<br />

to achieve in a conversation than by e-mails passing back and forth. Sometimes we will need<br />

to agree to disagree but having the conversation is always a worthwhile endeavour if there is a<br />

chance that we can better serve the needs of our clients.


PDAs - Can We Do<br />

Without Them?


When the National Credit Act was first introduced the<br />

National Credit Regulator soon saw that there was a danger<br />

of consumers losing their money to unscrupulous Debt<br />

Counsellors (who might run away with money) or of consumers<br />

losing assets due to paying into incorrect credit provider<br />

accounts (or with incorrect ref numbers). At that time they<br />

promoted the use of a select number of Payment Distribution<br />

Agencies (PDAs). They instituted service level agreements with<br />

the companies that applied and began to monitor and audit<br />

these firms regularly.<br />

The result was that Debt Counsellors (DCs) conditions of registration (for most DCs) were<br />

amended to include a clause that the Debt Counsellor had to make use of a PDA. Naturally there<br />

was some push back from the industry. Out of nowhere an additional group of role players came<br />

onto the field and they brought with them some costs to both Debt Counsellors and consumers.<br />

More than that these entities were not part of the National Credit Act.<br />

While initially there had been talk of credit providers covering the fees for these transactions the<br />

costs quickly fell onto consumers instead. Though not prohibitively high they were something<br />

that many at that time had not worked into their debt repayment plans.<br />

The NCA was silent on a number of points about the industry and the industry at the time was in<br />

a fast growth and development phase. The NCR were vocal over time in driving Debt Counsellors<br />

to use PDAs. Rather than try regulate payments from hundreds of thousands of consumers and<br />

hundreds of Debt Counsellors it made sense that the NCR would prefer to be able to monitor a<br />

select group of firms. It is far more manageable.<br />

The NCR were in a tough spot, of course, when it came time to enforce the use of PDAs since they<br />

were not included in the National Credit Act and unfortunately not 100% free from problems<br />

(realistically that would be simply miraculous if it had been). Money did go missing and some<br />

problems came and went at some firms in regard to consistency and timing of payments. All<br />

these things impact on the amount of interest (often reduced for the debt review process) that<br />

credit providers charge. More than that since the NCR were only able to make Debt Counsellors


agree to use PDAs (through the conditions of registration) they were unable to force consumers<br />

to do so. As long as the Debt Counsellor only took funds from consumers via a PDA the NCR<br />

could not pursue them in any way.<br />

Two PDAs came and went along the way and this caused some significant complications for<br />

many credit providers and consumers. Some of these matters from time to time still rear their<br />

ugly head to this very day. In the end three large recognised PDAs were left standing and they<br />

invested heavily in the success of the industry. Funding events, sponsoring charity and getting<br />

involved on every level possible in the process. These firms were there for the long run and<br />

showed it by industry participation.<br />

The convenience of making use of a PDA quickly won over the majority of Debt Counsellors and<br />

consumers however. The ability to make one payment to the PDA and have them worry about<br />

splitting it up into all the small and shifting payment amounts that were required to various<br />

creditors every month was simply too good to ignore. The costs were not extravagant and after<br />

some time were even adjusted to be more advantageous to consumers who would be under<br />

review for a long time.<br />

The PDAs also produced software which Debt Counsellor could use to work out potential debt<br />

restructuring proposals (to credit providers and court). These were very helpful. They also<br />

provided consumers with a rough tracking system by providing statements to consumers (since<br />

most credit providers simply break the law and stop providing to consumers when they enter<br />

debt review). This gave consumers a way to track their progress. The PDAs were also on hand<br />

to help track down payments when disputes arose between confused credit providers and<br />

concerned consumers about their accounts and the balances. Since these matters often had the<br />

potential to turn into nasty and expensive court cases they really earned their keep especially for<br />

consumers who are not very good record keepers.<br />

A small group of Debt Counsellors resisted the use of the PDAs who they feel had been thrust on<br />

them and the consumer and had introduced extra costs which consumers could go without. The<br />

NCR for the most part seemingly turned a blind eye.<br />

In 2013 and 2014 changes to the National Credit Act began to be researched and drafted. These<br />

would eventually form the National Credit Amendment Bill (and later Act). The Act was published<br />

in the Government Gazette and came into effect in 2015. Part of the amendments had to do with<br />

Payment Distribution Agencies.<br />

For those who once worried that PDAs were not part of the National Credit Act these concerns<br />

were firmly put to rest with a PDA registration and requirements section added to the Act. Also<br />

as with credit providers and Debt Counsellors no firm was then allowed to hold itself out to be a


PDA without registering with the NCR and paying the hefty fee to do so.<br />

To ensure constitutional rights, consumers were assured of the right to chose whether or not to<br />

use these firms - just as a consumer can chose to use any service provider under the Consumer<br />

Protection Act. If consumers wish to carry the risk and do all the work they can manage their<br />

shifting payments as per the monthly plan laid out by the Debt Counsellor themselves and retain<br />

all the proofs etc required.<br />

Of some concern to these firms however were further requirements set out by the DTI in regard<br />

to how quickly they have to pass the money they receive on to credit providers and how much<br />

they can charge in regard to their services. The first concern was that they see many payments<br />

queried and disputed by debt review consumers (who should know what the payment is for).<br />

If forced to pass these payments on very speedily then the PDAs themselves could sit out of<br />

pocket in fees and costs to the tune of millions of Rands very quickly. They feel that they cannot<br />

carry these costs and survive. The second concern was that they could be forced to cover the<br />

cost of millions of small transactions adding up to a huge amount every month. Basically, they<br />

feel the pricing structure is not balanced and will quickly drive them out of business.<br />

Though they have been very quiet about the whole matter (in fact very, very quiet since no-one<br />

would like to upset anyone eg the NCR or DTI) these firms will soon reach the point where these<br />

requirements cannot be ignored. If they cannot run profitably and even run the risk of facing<br />

millions of Rands in loss would it make business sense for them to continue on in the industry?<br />

The question facing the industry are: can the credit providers handle a sudden transition to<br />

payments being made by hundreds of thousands of consumers into their accounts (as opposed<br />

to via the 3 PDAs)? Surely they can as they receive such payments outside debt review every<br />

day but what about the time period when consumers are making payments with incorrect ref<br />

numbers or into accounts whose numbers have changed (yes some big creditors do that sort of<br />

thing)? Will hundreds of thousands of consumers be happy to start making payments in varying<br />

amounts to a bunch of different accounts each month? Will Debt Counsellors who rely on the<br />

software provided be able to transition away from such software or find replacements? Will<br />

consumers who are used to getting statements each month be happy to go totally without? Will<br />

Debt Counsellors be able to handle the flood of payment queries that will follow such a change.<br />

Will consumers be vigilant enough and cooperative enough to assist when that happens. If no<br />

PDA’s sign final registration with the NCR how does this effect the NCR Debt Counsellor terms<br />

and conditions in regard to accepting funds?<br />

The question is can the industry do without PDAs?


Go Team!<br />

How to build a well<br />

oiled debt review<br />

machine


Good efficient teams who work well together will boost your<br />

company’s productivity to new heights. This means better results,<br />

higher productivity and more profitability. On the other hand<br />

teams that struggle to cooperate, who compete unnecessarily<br />

and have no cohesion can cost you your business dearly.<br />

This is why many firms have turned to team building exercises and events. The term ‘team<br />

building’ is often used as strategy for when organizations are looking for a solution to address<br />

certain issues, the root of which are likely to stem from poor communication systems or unclear<br />

leadership. These problems quickly lead to unproductive teams with no clear vision of how to<br />

even be successful.<br />

Reasons why your company may need team building:<br />

One of the challenges facing employers these days is to find employees who have the ability<br />

to work effectively in a team. This is especially true for Credit Providers operating large call<br />

centers and large DC firms who have many staff members. These days it is a problem that many<br />

employees place a bit too much emphasis in self-interest- rather than focusing on collaborating<br />

with others.<br />

Due to the internet many firms now work out of different offices [like our <strong>Debtfree</strong> <strong>DIGI</strong><br />

team]. This can present challenges since often such teams are unable to build concrete face<br />

to face relationships. With SA being so culturally diverse many firms find that they are hiring<br />

team members who have dissimilar languages, cultures, values and approaches to solving the<br />

problems. Another reason why you may need to look at team building is that often team members<br />

haven’t ever agreed on how they will deliver a product or a service or the steps required to get<br />

something done.<br />

Team Building to the Rescue<br />

Team building is basically a collective term for various types of activities used to enhance social<br />

relationships among your staff and to help define individual workers roles within teams, and<br />

often involves collaborative tasks. It is distinct from training, which is normally designed to<br />

improve the efficiency of the process as an individual not as part of a team.<br />

Team building can really help with Improving communication, boosting morale, motivation,


it can be an ice breaker to help your team to get to know each other better, learn effective<br />

strategies, improve productivity, learn about one’s strengths and weaknesses etc. Formal<br />

definitions of team building normally includes the following aspects:<br />

• Goal setting: planning together focused on common goals<br />

• Interpersonal-relationship management: Building effective working relationships<br />

• Role clarification: Reducing team members’ role ambiguity so everyone knows where they<br />

fit in.<br />

• Problem solving: Finding solutions to team problems<br />

The Effect on Performance<br />

Team building has been scientifically proven to positively affect team effectiveness for all size<br />

firms and push up productivity. While studies indicate that teams with 10 or more members<br />

appear to benefit the most from team building interventions it still benefits smaller teams ( but<br />

simply not as drastically since they already tend to work closer together and know each other).<br />

Try your Own Team Building Activities<br />

The Big Picture Game<br />

Time Required: 30 minutes<br />

This problem solving activity requires that the leader choose a well known picture or cartoon that<br />

is full of detail. The picture needs to be cut into as many equal squares as there are participants in<br />

the activity. Each participant should individually be given a piece of the “puzzle” and instructed<br />

to create an exact copy of their piece of the puzzle only five times bigger than its original size.<br />

They are posed with the problem of not knowing why or how their own work affects the larger<br />

picture. The leader can pass out pencils, markers, paper, and rulers in order to make the process<br />

simpler and run more smoothly. When all the participants have completed their enlargements,<br />

ask them to assemble their pieces into a giant copy of the original picture on a table. This simple<br />

problem solving activity will teach participants how to work in a team and it demonstrates<br />

‘departmental’ working, which is the understanding that each person working on their own part<br />

contributes to an overall group result.<br />

Fake Lazy<br />

Time Required: 1 hour<br />

The group leader should present participants with this fake problem: The hour was going to be<br />

spent doing a problem solving activity, but as the group leader - you don’t know any and you


don’t want to do one that the participants have already heard or tried previously. The goal- or<br />

problem - then, is to have each group of participants come up with a new problem solving<br />

activity that they’ve invented themselves. Groups should be no larger than four or five people<br />

and at the end of the hour, each group must come up and present their new problem solving<br />

activity. Aside from being a problem solving activity in and of itself, this activity also promotes<br />

creativity, communication, trust, and time management, among other things and is good if you<br />

really are lazy.<br />

A Day Out<br />

Time Required: Full day<br />

More of an investment in time (with perhaps a better return) may be a day out of the office at<br />

a venue while busy with a fun group activity. This can be especially helpful when introducing<br />

new team members and rewarding your team when they perform well. Adrenaline also helps so<br />

things like Abseiling or Zip Lining are safe but exciting. Lonely Planet called Cape Canopy Tours<br />

Zip Lining (here in SA, in the Cape) their number 2 experience on the entire planet. Imagine: you<br />

could send your team members flying over the deep, deep canyons of the Hottentots Holland.<br />

Pretty soon everyone on the team will get to know a lot more about each other. That and the<br />

screams as people go across the 320m long zip lines over the deep valleys are just plain funny<br />

(even if you are the one doing it). Some adrenaline and time away from the office will quickly bond<br />

your team closer than ever and allow people to know one another in a different environment.<br />

Adding a bit of excitement to whatever outing you arrange will drastically improve the results.<br />

A day at the 1652 tea cozy museum will probably not be a good investment in time and energy.<br />

So, choose wisely.<br />

If you are finding that recently your team is less effective then they can be, than they should be<br />

then maybe you need to arrange for some team building. From Zip Lining to picture drawing<br />

and trust falls the options are varied. Find one that works for you and see how it boosts team<br />

moral and effectiveness.<br />

(For more info on the Cape Canopy Tour in Elgin you can email: info@capecanopytour.co.za<br />

or call +27 (0)21 3000 501)


generally do not understand it and credit providers are very<br />

cautious around it. The honest truth of the matter is that it<br />

really doesn’t have to be this way.<br />

really doesn’t have to be this way.<br />

Debt Review Terminations<br />

The debt review termination should be viewed as a<br />

mechanism to weed out bad faith consumers from bad luck<br />

consumers. If effectively and compliantly executed, it is a<br />

powerful procedure which ensures that only truly committed<br />

Background<br />

consumers remain part of the process. It may also allow<br />

credit providers to be more accommodating to bad luck<br />

The debt review termination has proven to<br />

be the hot potato in debt counselling. Debt<br />

counsellors dread it, consumers generally do<br />

The Law<br />

not understand it and credit providers are very<br />

The National Credit Act, 34 of 2005, as amended (“Act”),<br />

cautious provides in around Section 86(10) it. The for honest an account truth to be of terminated the<br />

matter from debt is review that it if a really consumer doesn’t is in default have under to be a credit this<br />

agreement.<br />

way.<br />

consumers and also allows debt counsellors to circumvent the<br />

rather complicated and at times expense withdrawal process.<br />

In instances where a debt review court order has been<br />

granted, Section 88(3) of the Act finds application. This<br />

provision requires the consumer to have defaulted under the<br />

credit agreement and one of the following events must have<br />

The debt review termination should be<br />

viewed as a mechanism to weed out bad<br />

occurred:<br />

faith (i) consumers from bad luck consumers. If<br />

effectively (c); or and compliantly executed, it is a<br />

(ii)<br />

powerful procedure which ensures that only<br />

truly committed consumers remain part of<br />

the process. It may also allow credit providers<br />

to be more accommodating to bad luck<br />

the credit agreement. In terms of Section 88(3), there is no<br />

consumers and also allows debt counsellors<br />

to provider circumvent may proceed. the rather complicated and at<br />

times expense withdrawal process.<br />

An event contemplated in subsection (1)(a) through<br />

the consumer defaults on any obligation in terms of<br />

a re-arrangement agreed between the consumer and<br />

credit providers, or ordered by a court or the Tribunal.<br />

Before a credit provider may enforce/exercise any right under<br />

obligation for a termination notice to be sent before a credit<br />

The Task Team Agreements (“TTA”) in Annexure A under 2.4<br />

regulates debt review terminations further.<br />

The Absa Law<br />

Application<br />

The National Credit Act, 34 of 2005, as<br />

to ensure that only accounts eligible for termination are<br />

amended (“Act”), provides in Section 86(10)<br />

for ensure an accuracy: account to be terminated from debt<br />

review if a consumer is in default under a<br />

1. Pre-termination listing<br />

credit To prevent agreement.<br />

unnecessary terminations and to act in good<br />

In faith, instances we shall provide where your a debt offices review with a pre-termination<br />

court order<br />

population. We shall provide you with a list of accounts<br />

has been granted, Section 88(3) of the Act<br />

finds application. This provision requires the<br />

consumer not be terminated. to have defaulted under the credit<br />

agreement and one of the following events<br />

At Absa we have recently implemented additional measure<br />

terminated. The following additional measures are in place to<br />

identified for termination and afford you 5 business days to<br />

provide feedback as to why accounts on the population should<br />

been/is delayed, resulting in some mails reaching destination<br />

only after the expiry date. Serving such termination notices<br />

to debt counsellors by email is now permitted provided there<br />

is consent to such service from the debt counsellor. In an<br />

attempt to enhance communication with your office and<br />

reduce reinstatement volumes, we request you to please<br />

consent to the service of the termination notices on your<br />

office by email. Such consents may be sent to our terminations<br />

must department have occurred:<br />

via e mail to drterminations@absa.co.za.<br />

(i) An event contemplated in subsection (1)<br />

(a) 3. through Section 88(3) (c); notices or<br />

(ii) the consumer defaults on any obligation<br />

shall be terminated<br />

in terms of a re-arrangement agreed<br />

between the consumer and credit providers,<br />

or as ordered per Section by 88(3). a court or the Tribunal.<br />

A letter is posted to all consumers who have an account which<br />

in terms of Section 88(3). Despite<br />

the fact that this is not required, we shall send a notice to all<br />

consumers notifying them that we intend exercising our rights<br />

4. PDA verification<br />

Before Prior to a terminating credit provider an account may we enforce/exercise<br />

shall verify against all<br />

any PDA right monthly under payment the credit schedules agreement. that no/short In payment terms<br />

of Section 88(3), there is no obligation for a<br />

termination consumer is notice prejudiced. to be sent before a credit<br />

provider may proceed.<br />

5. 10 day grace period.<br />

The Task Team Agreements (“tta”) in<br />

Annexure A under 2.4 regulates debt review<br />

terminations further.<br />

has indeed been made on the account. This ensures that any<br />

unallocated payments have been accounted for and that the<br />

Once a termination notice has been sent in terms of Section<br />

86(4), we shall provide the consumer 10 days to rectify the<br />

default. Should the default be rectified completely, we shall not<br />

proceed with terminating the account.<br />

Absa 6. Application<br />

Quality assurance and training<br />

At Absa we have recently implemented<br />

additional measure to ensure that only<br />

accounts ensure cross eligible pollination for termination of knowledge and are<br />

skills.<br />

terminated. The following additional<br />

In conclusion<br />

measures are in place to ensure accuracy:<br />

We have implemented quality checks at every stage of the<br />

above process to minimize error. Where gaps are identifies,<br />

our managers conduct immediate training and coaching to<br />

Clearly the additional steps we have implemented are time and<br />

labour intensive. We are convinced however that the resultant<br />

1. Pre-termination reduction listing<br />

errors will reduce queries and<br />

To prevent unnecessary terminations and to<br />

act possible in good service faith, from we our shall team. provide your offices<br />

with a pre-termination population. We shall<br />

provide you with a list of accounts identified<br />

for our termination partners the and debt afford review you process. 5 business days<br />

to provide feedback as to why accounts on<br />

the population should not be terminated.<br />

complaints and help us to focus our attention on consumers<br />

who will rehabilitate and leave debt review having had the best<br />

We request your support in our implementation of the process<br />

and ensure you that we will strive to work together with you –<br />

Absa Bank Ltd Reg No 1986/004794/06 Authorised Financial Services Provider Registered Credit Provider Reg No NCRCP7


generally do not understand it and credit providers are very<br />

cautious around it. The honest truth of the matter is that it<br />

really doesn’t have to be this way.<br />

The debt review termination should be viewed as a<br />

mechanism to weed out bad faith consumers from bad luck<br />

consumers. If effectively and compliantly executed, it is a<br />

powerful procedure which ensures that only truly committed<br />

consumers remain part of the process. It may also allow<br />

2. Service via email<br />

Due to the instability of our Post Office<br />

services, delivery has been/is delayed,<br />

resulting in some mails reaching destination<br />

only after the expiry date. Serving such<br />

termination notices to debt counsellors<br />

by email is now permitted provided there<br />

is consent to such service from the debt<br />

counsellor. In an attempt to enhance<br />

communication with your office and<br />

reduce reinstatement volumes, we request<br />

you An to event please contemplated consent in to subsection the service (1)(a) of through<br />

the (c); termination or notices on your office by<br />

the consumer defaults on any obligation in terms of<br />

email. Such consents may be sent to our<br />

a re-arrangement agreed between the consumer and<br />

terminations credit providers, department or ordered by via a court e mail or the to Tribunal.<br />

drterminations@absa.co.za.<br />

credit providers to be more accommodating to bad luck<br />

consumers and also allows debt counsellors to circumvent the<br />

rather complicated and at times expense withdrawal process.<br />

The Law<br />

The National Credit Act, 34 of 2005, as amended (“Act”),<br />

provides in Section 86(10) for an account to be terminated<br />

from debt review if a consumer is in default under a credit<br />

agreement.<br />

In instances where a debt review court order has been<br />

granted, Section 88(3) of the Act finds application. This<br />

provision requires the consumer to have defaulted under the<br />

credit agreement and one of the following events must have<br />

occurred:<br />

(i)<br />

(ii)<br />

Before a credit provider may enforce/exercise any right under<br />

the credit agreement. In terms of Section 88(3), there is no<br />

obligation for a termination notice to be sent before a credit<br />

provider may proceed.<br />

The Task Team Agreements (“TTA”) in Annexure A under 2.4<br />

regulates debt review terminations further.<br />

3. Section 88(3) notices<br />

A letter is posted to all consumers who have<br />

an account which shall be terminated in<br />

terms of Section 88(3). Despite the fact that<br />

this is not required, we shall send a notice to<br />

all consumers notifying them that we intend<br />

exercising our rights as per Section 88(3).<br />

Absa Application<br />

At Absa we have recently implemented additional measure<br />

to ensure that only accounts eligible for termination are<br />

terminated. The following additional measures are in place to<br />

ensure accuracy:<br />

4. PDA verification<br />

Prior to terminating an account we shall verify<br />

against all PDA monthly payment schedules<br />

that no/short payment has indeed been<br />

made on the account. This ensures that any<br />

unallocated payments have been accounted<br />

for and that the consumer is not prejudiced.<br />

1. Pre-termination listing<br />

To prevent unnecessary terminations and to act in good<br />

faith, we shall provide your offices with a pre-termination<br />

population. We shall provide you with a list of accounts<br />

identified for termination and afford you 5 business days to<br />

provide feedback as to why accounts on the population should<br />

not be terminated.<br />

been/is delayed, resulting in some mails reaching destination<br />

only after the expiry date. Serving such termination notices<br />

to debt counsellors by email is now permitted provided there<br />

is consent to such service from the debt counsellor. In an<br />

attempt to enhance communication with your office and<br />

reduce reinstatement volumes, we request you to please<br />

consent to the service of the termination notices on your<br />

office by email. Such consents may be sent to our terminations<br />

department via e mail to drterminations@absa.co.za.<br />

5. 10 day grace period.<br />

Once a termination notice has been sent<br />

in terms of Section 86(4), we shall provide<br />

3. Section 88(3) notices<br />

A letter is posted to all consumers who have an account which<br />

shall be terminated in terms of Section 88(3). Despite<br />

the fact that this is not required, we shall send a notice to all<br />

consumers notifying them that we intend exercising our rights<br />

as per Section 88(3).<br />

the consumer 10 days to rectify the default.<br />

Should the default be rectified completely,<br />

we shall not proceed with terminating the<br />

account.<br />

4. PDA verification<br />

Prior to terminating an account we shall verify against all<br />

PDA monthly payment schedules that no/short payment<br />

has indeed been made on the account. This ensures that any<br />

unallocated payments have been accounted for and that the<br />

consumer is not prejudiced.<br />

6. Quality assurance and training<br />

We have implemented quality checks at every<br />

stage of the above process to minimize error.<br />

Where gaps are identifies, our managers<br />

conduct immediate training and coaching to<br />

ensure cross pollination of knowledge and<br />

skills.<br />

5. 10 day grace period.<br />

Once a termination notice has been sent in terms of Section<br />

86(4), we shall provide the consumer 10 days to rectify the<br />

default. Should the default be rectified completely, we shall not<br />

proceed with terminating the account.<br />

In conclusion<br />

Clearly the additional steps we have<br />

implemented are time and labour intensive.<br />

We are convinced however that the resultant<br />

reduction in termination errors will reduce<br />

queries and complaints and help us to<br />

focus our attention on consumers who will<br />

rehabilitate and leave debt review having had<br />

the best possible service from our team.<br />

6. Quality assurance and training<br />

We have implemented quality checks at every stage of the<br />

above process to minimize error. Where gaps are identifies,<br />

our managers conduct immediate training and coaching to<br />

ensure cross pollination of knowledge and skills.<br />

In conclusion<br />

Clearly the additional steps we have implemented are time and<br />

labour intensive. We are convinced however that the resultant<br />

reduction in termination errors will reduce queries and<br />

complaints and help us to focus our attention on consumers<br />

who will rehabilitate and leave debt review having had the best<br />

possible service from our team.<br />

We request your support in our<br />

implementation of the process and ensure<br />

you that we will strive to work together with<br />

you – our partners in the debt review process.<br />

We request your support in our implementation of the process<br />

and ensure you that we will strive to work together with you –<br />

our partners in the debt review process.<br />

Absa Bank Ltd Reg No 1986/004794/06 Authorised Financial Services Provider Registered Credit Provider Reg No NCRCP7


IN A NUTSHELL<br />

Make <strong>2016</strong> your<br />

WINNING year!<br />

For the first time, Debt Counsellors (DCs) that participate in the DCM Business Partnership<br />

Programme will automatically participate in the DCM Annual DC Awards. These Awards will<br />

recognise the winning DCs in the small, medium and large DC category. The winning DCs need<br />

to achieve top scores across three key goals: Increase Application Rate; Increase Conversion Rate;<br />

Reduce Churn Rate. The top prize in each DC category is a trip to a surprise exotic location per DC<br />

principal and partner, awarded at the end of <strong>2016</strong>.?<br />

Winning is part of human nature<br />

and embedded in our survival DNA.<br />

People admire winners because they inspire us to keep striving for something better, bigger<br />

than ourselves. Some people think that to WIN they just need to work harder as individuals.<br />

This approach doesn’t always succeed in environments where organisations and people depend<br />

on each other. Yves Morieux, managing director and an expert in corporate transformation in


Boston Consulting Group’s Paris office, illustrates this well in a Ted Talk video on the power of<br />

teamwork. The best athletes, despite all their hard work, don’t always achieve success, unless<br />

they have mastered the art of cooperation. The US team in this example has by far the best<br />

athletes when measured on individual time scores. However, it’s the Canadian team that win the<br />

relay, because they understand the value of teamwork, cooperating to achieve more than the<br />

sum of their individual parts. http://www.ted.com/talks/yves_morieux_how_too_many_rules_<br />

at_work_keep_you_from_getting_things_done#t-71520<br />

Increasing and complex regulation, worsening economic conditions, and numerous role players<br />

make the debt review industry a hugely challenging environment. Without cooperation, the<br />

industry would not survive. The National Payment Distribution Agency (NPDA) plays a vital role<br />

in facilitating cooperation, thus contributing to the sustainability of the industry.<br />

The NPDA has the unique role of being an independent agent in the debt review industry, adding<br />

value by developing software and systems that ease the flow of information and payments<br />

between debt counsellors, attorneys, credit providers and consumers.<br />

The purpose of the DCM group, of which the NPDA is a member, is in building sustainable<br />

financial wellbeing that enhances the lives of all.<br />

DCM Business Partnership programme<br />

It is to support this purpose that the DCM Business Partnership Programme was developed, to<br />

help debt counsellors improve the success of their businesses, and improve the adherence of<br />

debt counselling consumers to the process of debt rehabilitation.<br />

The DCM Business Partnership Programme consists of various elements that assist debt<br />

counsellors from the very first encounter with their consumers up until the first payments are<br />

received and beyond. In-depth knowledge of how over-indebted consumers think and behave<br />

is woven in the design of the programme to help consumers stick with the process and pay<br />

regularly.<br />

The DCM Business Partnership Programme has three goals:<br />

1. Increase Application Rate -Increase the number of new applications<br />

2. Increase Conversion Rate - Increase the number of first payments<br />

3. Reduce Churn Rate - Reduce the number of non-paying consumers<br />

By participating in the DCM Business Partnership Programme<br />

debt counsellors have access to proven programme initiatives:


1. Improved collection methods - The most successful payment methods are payroll deductions<br />

with a 98% success rate, followed by stop orders with a 92% success rate. The NPDA has<br />

agreements with various employers and access to over 400 000 employees. Debt Counsellors<br />

have the option to collect their installments via a secured payroll deduction for these employers.<br />

2. Consumer Education – Considerable investment has been made in the development of<br />

educational material, specially designed in a simple, easy to understand language and format<br />

that reassures consumers during the debt counselling process.<br />

3. Status in the process – From the start of the debt review process, consumers receive automated<br />

communication at various points during the debt review process to ensure process adherence.<br />

4. Payment reminders – Several monthly payment reminders<br />

WINNING is a guarantee.<br />

The programme has a proven track record of success, increasing the number of first payments<br />

amongst new debt counselling applicants by 20%. With no changes to your operational costs, it<br />

means that this increase in first payments not only increases your revenue but also goes straight<br />

to the bottom line of your business. Participating debt counsellors have seen their revenues<br />

increase by approximately 32%. But, increasing the number of new paying consumers and your<br />

revenue isn’t the only benefit of the programme. The programme helps to reassure and build<br />

trust amongst consumers. Consumers who’ve had a positive experience are more likely to refer<br />

friends and family, and they do.<br />

Now not only does your business get to WIN but so do you. Your name could be on the list of top<br />

DC winners at this year’s DCM Annual DC Awards. Make <strong>2016</strong> your winning year!<br />

IN A NUTSHELL is brought you by The Business Partnership Programme, designed to support<br />

debt counsellors and consumers during the debt review process, in collaboration with the<br />

National Payment Distribution Agency (NPDA). For help, contact the NPDA on 0861 628 628.<br />

If you have suggestions for topics that you would like covered in future, please email info@dcmgroup.co.za<br />

The NPDA was recognised as the industry winner for PAYMENT DISTRIBUTION and Care Premier as the industry<br />

winner for DEBT COUNSELLING SOFTWARE at the Debt Review Awards 2015.


WE OFFER DEBT REVIEW<br />

AND FIGHT FOR CONSUMER JUSTICE<br />

WE OFFER DEBT REVIEW<br />

AND FIGHT FOR CONSUMER JUSTICE<br />

021 007 1688<br />

debtfree@nationaldebtadvisors.co.za<br />

www.nationaldebtadvisors.co.za<br />

WE OFFER DEBT REVIEW<br />

WE AND OFFER FIGHT DEBT FOR CONSUMER REVIEW JUSTICE<br />

AND FIGHT FOR CONSUMER JUSTICE<br />

021 007 1688<br />

debtfree@nationaldebtadvisors.co.za<br />

www.nationaldebtadvisors.co.za<br />

021 007 1688<br />

debtfree@nationaldebtadvisors.co.za<br />

www.nationaldebtadvisors.co.za<br />

021 007 1688<br />

debtfree@nationaldebtadvisors.co.za<br />

www.nationaldebtadvisors.co.za


Debt Counsellors Associations<br />

Announcement Board<br />

KZN Branch Meeting -<br />

19 February, Health Haven Westville<br />

W Cape Branch Meeting<br />

23February, Parow Golf Club<br />

Bloem Branch Meeting<br />

12 February, Tempe Golf Club<br />

#DCRenewalFeesMustFall<br />

Gauteng Branch Meeting - TBA<br />

Email dcasa@dcasa.co.za for any further<br />

information<br />

www.dcasa.co.za<br />

www.newera.org.za<br />

We wish everyone in the industry and our<br />

clients a wondefull <strong>2016</strong><br />

We will soon be announcing regional<br />

branch meeting dates on our Facebook<br />

page. Please be sure to attend.<br />

We wish all our members the best for <strong>2016</strong>.<br />

www.bdcf.co.za<br />

www.allprodc.org


Winner of the 2015 Debt Review Award: “Customer Support”<br />

Why not switch to Easy?<br />

Contact us for Fast, Accurate and Effective payments:<br />

Agent: Petro de Beer<br />

e-maill: petro@dcpartner.co.za<br />

Cell: 083 6139 826<br />

www.dcpartner.co.za


DEBT REVIEW AWARDS 2014<br />

WINNER<br />

DEBT REVIEW AWARDS 2015<br />

WINNER<br />

WINNING 3 OUT OF 5 AWARDS<br />

• CLIENT & CUSTOMER SERVICES<br />

• SYSTEM & SOFTWARE INTEGRATION<br />

FOR<br />

• INDUSTRY SUPPORT & ENGAGEMENT<br />

1. NPDA - Payment Distribution<br />

2. Care Premier Thank you - Debt for your Counselling support. Software<br />

2<br />

DEBT REVIEW AWARDS WINNER


GROWING<br />

YOUR BUSINESS<br />

DRIVE YOUR BUSINESS<br />

SUCCESS WITH THE<br />

DCM PARTNERSHIP PROGRAMME<br />

Adding value through innovation and partnership.<br />

To increase your revenue, contact us on<br />

0861 628 628 or businesspartner@dcmgroup.co.za<br />

WWW.DCMGROUP.CO.ZA<br />

INCREASE IN<br />

PAYING CUSTOMERS<br />

Better Payment Behaviour<br />

Immediate Improvement in Collections<br />

Consumer Protection Provided<br />

(DCM Protector Card)<br />

Consumer Support Provided<br />

(24hr Stress Helpline; Bank Account Facilitation; Creditor Support)<br />

Consumers Educated & Nudged<br />

Leaders in creating<br />

sustainable financial wellbeing


click the c<br />

Service D<br />

Debt CounsellORS<br />

Support<br />

services<br />

TRAINING<br />

FINANCIAL<br />

FINANCIAL<br />

PLANNING


irectory<br />

aTEGORY<br />

DO YOU WANT TO LIST<br />

YOUR COMPANY?<br />

directory@debtfreedigi.co.za<br />

LEGAL<br />

CREDIT BUREAUS<br />

PAYMENT<br />

DISTRIBUTION<br />

AGENCIES<br />

CREDIT PROVIDER CONTACT<br />

DETAILS & ESCALATION PROCESS


Debt CounsellORS<br />

Gauteng<br />

KwaZulu-<br />

Natal<br />

Free State


Limpopo North West Eastern CapE<br />

Mpumalanga Northern Cape Western Cape


National Debt Advisors<br />

Fighting For Consumer Justice<br />

Tel: 021 007 1688<br />

www.nationaldebtadvisors.co.za<br />

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 />

info@creditmatters.co.za<br />

Gauteng<br />

Armani Debt Counselling<br />

Take the First Step<br />

to Financial Freedom<br />

Tania Dekker<br />

Tel: 011 849 3654 / 7659<br />

www.armanigroup.co.za<br />

Dynamix Debt Counselling TLC<br />

Alida Christie NCRDC2324<br />

Office 1, 34 Beefwoodstreet,<br />

Vanderbijlpark, 1911<br />

Tel: 079 520 4369<br />

Tel: 016 100 8020<br />

tlcdebt@mweb.co.za


Specialist Debt Management Centre<br />

Beverley Ludick, NCRDC948<br />

Pretoria<br />

Tel: 012 377-3557<br />

Email: obligco@gmail.com<br />

Email: dc@obligco.co.za<br />

www.obligco.co.za Tel: 0861 123 644<br />

Email: info@debtrescue.co.za<br />

Creators In Financial Wellbeing<br />

NCRDC677<br />

You Are Not Alone<br />

We’ll handle your creditors so you<br />

don’t have to!<br />

1 Dingler Street, Rynfield, Benoni<br />

0861 10 11 00<br />

info@debtmend.co.za<br />

www.debtmend.co.za<br />

NCRDC197<br />

Tel: 011 660 9970<br />

Fax: 086 540 5017<br />

KRUGERSDORP<br />

e-mail: nicky@nvdmdc.co.za<br />

www.nvdmdc.co.za<br />

All Debt Solutions<br />

Fast tracking your financial freedom<br />

Tel: 0861 255 3328 / 021-557 9981<br />

Email: info@allds.co.za<br />

www.alldebtsolutions.co.za<br />

https://www.facebook.com/<br />

alldebtsolutions


National Debt Advisors<br />

Fighting For Consumer Justice<br />

Tel: 021 007 1688<br />

www.nationaldebtadvisors.co.za<br />

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 />

info@creditmatters.co.za<br />

KwaZulu-<br />

Natal<br />

Tel: 0861 123 644<br />

Email: info@debtrescue.co.za


National Debt Advisors<br />

Fighting For Consumer Justice<br />

Tel: 021 007 1688<br />

www.nationaldebtadvisors.co.za<br />

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 />

info@creditmatters.co.za<br />

Free State<br />

Tel: 0861 123 644<br />

Email: info@debtrescue.co.za


National Debt Advisors<br />

Fighting For Consumer Justice<br />

Tel: 021 007 1688<br />

www.nationaldebtadvisors.co.za<br />

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 />

info@creditmatters.co.za<br />

Limpopo<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 />

Tel: 0861 123 644<br />

Email: info@debtrescue.co.za


National Debt Advisors<br />

Fighting For Consumer Justice<br />

Tel: 021 007 1688<br />

www.nationaldebtadvisors.co.za<br />

Tel: 0861 123 644<br />

Email: info@debtrescue.co.za<br />

Mpumalanga<br />

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 />

info@creditmatters.co.za


National Debt Advisors<br />

Fighting For Consumer Justice<br />

Tel: 021 007 1688<br />

www.nationaldebtadvisors.co.za<br />

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 />

info@creditmatters.co.za<br />

North West<br />

Tel: 0861 123 644<br />

Email: info@debtrescue.co.za


National Debt Advisors<br />

Fighting For Consumer Justice<br />

Tel: 021 007 1688<br />

www.nationaldebtadvisors.co.za<br />

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 />

info@creditmatters.co.za<br />

Northern Cape<br />

Tel: 0861 123 644<br />

Email: info@debtrescue.co.za


National Debt Advisors<br />

Fighting For Consumer Justice<br />

Tel: 021 007 1688<br />

www.nationaldebtadvisors.co.za<br />

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 />

info@creditmatters.co.za<br />

Eastern CapE<br />

Debt Counselling Group SA<br />

Affordable Assistance with offices across<br />

the EASTERN CAPE.<br />

Casper Francois le Grange<br />

NCRDC 1560 / CALL: 086 100 1047<br />

Offices:<br />

East London: Shop 7, New Colonnade<br />

Building, Devereux Av, Vincent<br />

Port Elizabeth: Room 302, Pier 14, 444<br />

Goven Mbeki Av, North End<br />

Queenstown: Office 107, Nedbank<br />

Building, 89 Cathcart Road<br />

King Williams Town: Office 4, 49 Eales<br />

Street<br />

E-mail: help@dcgsa.co.za<br />

www.dcgsa.co.za<br />

www.facebook.com/dcg.southafrica<br />

Tel: 0861 123 644<br />

Email: info@debtrescue.co.za


Don’t work with an out<br />

dated version of the Act<br />

UPDATED<br />

2015<br />

We are happy to announce that the Amended National Credit Act booklet is now available<br />

via our shop. Shoppers who pre ordered so very long ago will have already begun to<br />

receive their copies. Why work with an old and out dated version of the Act?<br />

Get the latest version for only R250.00<br />

Order NOW<br />

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


WEBSITE | www.debt-therapy.co.za<br />

debt therapy<br />

integrity guaranteed<br />

debt therapy is registered with NCR | NCRDC49<br />

National Debt Advisors<br />

Fighting For Consumer Justice<br />

Tel: 021 007 1688<br />

www.nationaldebtadvisors.co.za<br />

Drastically reduce your monthly<br />

debt repayments<br />

Let US help 0861111863<br />

Regain control of your finances<br />

www.debt-therapy.co.za<br />

Western Cape<br />

Consolidebt<br />

Heidie Knorr NCRDC209<br />

Paarl, Worcester, Wellington, Ceres,<br />

Piketberg, Clanwilliam, Vredendal<br />

Tel: 021 863 2754 / 082 380 4401<br />

consolidebt@vodamail.co.za<br />

Encouraging Freedom, Creating Wealth<br />

Etienne Pieterse (NCRDC 2210)<br />

Tel. (021) 826-2699<br />

etienne@financialfreedomsolutions.co.za<br />

www.financialfreedomsolutions.co.za


ISISEKO DEBT HELP<br />

Get Your Life back on track<br />

TEL: 087 230 0223<br />

FAX: 086 551 1649<br />

EMAIL: makanti@isiseko.co.za<br />

WEB: www.isiseko.co.za<br />

BELLVILLE DEBT<br />

COUNSELLING CENTRE<br />

Annienne Nel NCRDC2452<br />

23 Salisbury Street • Boston •<br />

Bellville<br />

Tel: 021 9489781<br />

0219495007<br />

0826412328<br />

Fax: 086 563 3264<br />

e-mail: info@debtcentre.co.za<br />

www.debtcentre.co.za<br />

NCRDC1142<br />

No 2 Golden Isle Building<br />

281 Durban Road, Oakdale,<br />

Bellville, 7535<br />

Tel: 086 111 3749<br />

Email: help@zerodebt.co.za<br />

www.zerodebt.co.za<br />

Tel: 0861 123 644<br />

Email: info@debtrescue.co.za<br />

All Debt Solutions<br />

Fast tracking your financial freedom<br />

Tel: 0861 255 3328 / 021-557 9981<br />

Email: info@allds.co.za<br />

www.alldebtsolutions.co.za<br />

https://www.facebook.com/<br />

alldebtsolutions<br />

Debt Budget<br />

One Monthly Payment For All Your Debt<br />

Bruce Leslie Borez<br />

NCRDC1643<br />

52 Church Street,<br />

“NBS Building”,Wynberg<br />

Tel: 021 824 8885<br />

www.debtbudget.co.za


Western Cape<br />

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 />

info@creditmatters.co.za


don’t be a twit<br />

http://twitter.com/<strong>Debtfree</strong>_<strong>DIGI</strong>


Support services<br />

Akani Solutions<br />

Information Data Solutions<br />

lana Van Herwaarde,<br />

DC Operation Centre (PTY)<br />

Tel: 0867227405 Email:<br />

info@dcoperations.co.za<br />

www.dcoperations.co.za<br />

Credit Report App<br />

Access Your Credit Bureau Report<br />

Instantly on Your Phone<br />

DCs help your clients use it during<br />

application & to protect their ID<br />

ID Protector<br />

Detect ID Theft or possible ID Fraud<br />

Subscribers notified by SMS when number is activated<br />

DEBT<br />

086 126 6562<br />

debt@one.za.com<br />

www.one.za.com<br />

info@akanisolutions.co.za<br />

www.akanisolutions.co.za


COMING SOON<br />

TRAINING<br />

COMING SOON<br />

FINANCIAL PLANNING


LEGAL<br />

Liddles & Associates<br />

“It always seems impossible until it<br />

is done” N. Mandela<br />

Tel: 021 913 2514<br />

Fax: 0866070940<br />

Email: info@liddles.co.za<br />

PO Box 3407, tygervalley, 7536<br />

7 Chenin Blanc Street, Oude<br />

Westhof<br />

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


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 />

COMING SOON<br />

CREDIT BUREAUS


PAYMENT DISTRIBUTION AGENCIES<br />

DC Partner<br />

044 873 4530<br />

Hyphen PDA<br />

011 303 0060<br />

NPDA<br />

0861 628 628


Telephone: 031 251 4150<br />

Fax: 031 251 4252<br />

GENERAL CONTACT DETAILS (FIRST POINT OF CALL)*<br />

17.1‘s, 17 .2’s, 17.3’s, Rejections and 17 .W’s, Change or<br />

Transfer of Debt Counsellor<br />

Proposals / Revised Proposals / Consents /<br />

Related Queries<br />

Notice of Service / Court Applications<br />

Updated Balances / Settlements / General Queries<br />

Section 86(10) Letters and All Related Queries<br />

nca@consumerfriend.co.za<br />

proposal@consumerfriend.co.za<br />

court@consumerfriend.co.za<br />

queries@consumerfriend.co.za<br />

terminations@consumerfriend.co.za<br />

ESCELATION CONTACT DETAILS*<br />

Complaints / Service Delivery / Management<br />

17.1‘s, 17 .2’s, 17.3’s, Rejections and 17 .W’s,<br />

Change or Transfer of Debt Counsellor<br />

Proposals / Revised Proposals / Consents /<br />

Related Queries<br />

Notice of Service / Court Applications<br />

Updated Balances / Settlements / General Queries<br />

ryan@consumerfriend.co.za<br />

justin@consumerfriend.co.za<br />

zinhle@consumerfriend.co.za (COB’s)<br />

tracey@consumerfriend.co.za<br />

roderick@consumerfriend.co.za<br />

diane@consumerfriend.co.za<br />

*Please do not CC multiple email addresses.


CAPITEC CONTACT DETAILS<br />

Form 17’s<br />

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


STANDARD BANK CONTACT DETAILS<br />

0861 111402<br />

Debt Review specific queries<br />

Debt Review specific<br />

complaints and escalations<br />

Debit order cancellations<br />

Debt Review application notification<br />

(Form 17.1 by Debt Counsellors):<br />

Debt Counsellors to submit Form 17.2<br />

and Debt Review proposals<br />

Debt Review court applications<br />

Debt Review payment related matters<br />

Reckless Lending<br />

DebtReviewServices@standardbank.co.za<br />

debtreviewcomplaints@standardbank.co.za<br />

coming soon<br />

coming soon<br />

coming soon<br />

coming soon<br />

coming soon<br />

coming soon<br />

ESCALATION PROCESS<br />

coming soon


ABSA CONTACT DETAILS<br />

0861 22 22 72<br />

ESCALATION PROCESS<br />

COMING<br />

SOON


FNB Debt Review Centre Escalation Process<br />

FIRST POINT OF CONTACT VIA THE FOLLOWING MEANS:<br />

Call Centre: 087 730 1166<br />

Email: FRBDebtReviewCentre@firstrand.co.za<br />

Fax: 086 011 7532<br />

FIRST ESCALATION – AFTER 48 HOURS:<br />

Onboarding - New applications and Certificates of Balance:<br />

Kagiso Tlhoaele – KTlhoaele@fnb.co.za<br />

Document Management – Sorting & Uploading, Indexing, campaigns<br />

Zanobia Phillips – Zanobia.Phillips@fnb.co.za<br />

Queries: Charlene Antoni – CAntoni@fnb.co.za<br />

Call Centre: Charlene Antoni – CAntoni@fnb.co.za<br />

Terminations, Re-instatements and Missing Payments:<br />

Zanele Masilela –MasilelaZ@fnb.co.za<br />

Pro-Rata Proposals: Pamella Sithole – Pamella.Sithole@fnb.co.za<br />

DCRS and Final Proposals: Sabelo Mkabela – SMkabela@fnb.co.za<br />

Notices of Set Down/Instructions: Abraham Booysen - BooysenA@fnb.co.za<br />

Court Orders/Reviews: Joyce Machethe - JMachethe@fnb.co.za<br />

SECOND ESCALATION – AFTER 72 HOURS:<br />

New applications, Certificate of Balance, Queries and Call Centre:<br />

Karen van Musschenbroek – KVanMusschenbroek@fnb.co.za<br />

Withdrawals, Terminations,Re-instatements and Missing Payments:<br />

Faadiel Toffie – FToffie@fnb.co.za<br />

Proposals, Notices and Court Orders:<br />

Karen van Musschenbroek – KVanMusschenbroek@fnb.co.za<br />

THIRD ESCALATION:<br />

Athaly Khan – AKhan5@fnb.co.za


NEDBANK CONTACT DETAILS<br />

& ESCALATION PROCESS<br />

COMING<br />

SOON


AFRICAN BANK CONTACT DETAILS<br />

011 256 9323<br />

DebtCounselling@africanbank.co.za<br />

ESCALATION PROCESS<br />

COMING<br />

SOON


DEBT COUNSELLING<br />

COMMUNITY SUPPORT<br />

Save a Debt Review Family in <strong>Jan</strong>uary<br />

For many consumers under debt review <strong>Jan</strong>uary can be a tough month. Because of holidays and<br />

less working days during this time period often families who regularly can make their debt review<br />

payment come under added stress to keep up their payment and still cover some of those extra<br />

<strong>Jan</strong>uary expenses (like all the back to school costs).<br />

DEBT COUNSELLING<br />

COMMUNITY SUPPORT<br />

DCCS are hoping that with the help of some generous sponsors we can help ease the back to<br />

school costs and help keep deserving consumers on track and in debt review. DCCS will be distributing<br />

a number of BACK TO SCHOOL gift bags filled with school stationary and goodies to<br />

needy debt review families.<br />

You can make a huge difference in these people’s lives<br />

If you would like to get involved and either know of a deserving family who are under some strain<br />

this month or perhaps you can help cover the R400 cost of the gift bag please contact us and let<br />

us know.<br />

As always DCCS will show our appreciation via social media and in the press as well as on our<br />

website (with links to yours) and Facebook page. We want to let other people know how much<br />

the debt counselling community care about people under debt review.<br />

Let’s help these consumers start the year right and help them care for the vital aspect of educating<br />

their children for a better tomorrow.<br />

Please contact admin@dccsupport.co.za

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