Debtfree DIGI Jan 2016

system and sent in bulk to thousands of consumers, from a number to which you cannot reply.
Those sms’ are not legally binding, they are at best simply reminders or providing you with
information. Debt Counsellors can do nothing about them. Consumers can however complain
to the credit provider, ombud or NCR if they wish.
Scary Phone Calls
The same goes for a call center agent claiming that your debt review is somehow “terminated,
deleted, cancelled, legal action is forth coming or they have no knowledge of any debt review
and various other “interesting” claims they make. Debt review is a legislative process with lots
and lots of paperwork. It is a process done via the courts (not over the phone). So be sure to ask
your Debt Counsellor to provide you with a copy of your complete court application as all the
required documentation is contained therein. Since you have to sign an affidavit along the way
that says you have read these papers you should get a copy anyway. Normally this court stuff will
happen in the second month of your debt review (maybe 3rd month). If any call center agent
claims they don’t know about the debt review, ask for their email address and send these papers
to them. A court order is a formal process and must be dealt with in a formal manner. Call center
agents, MUST be trained to know and understand the National Credit Act and need to provide
a consumer with documentation (as prescribed in the Act) to back up their claim. E.g. if your
debt review application is not completed thought the courts a creditor may issue a NOTICE to
inform the consumer that they intend to terminate the debt review. If they say this is happening
then ask for the papers to show this. If this is true then it would be good to speak to your Debt
Counsellor in those circumstances. There are several remedial actions your Debt Counsellor can
then take upon receipt of such a notice. True termination of the process is only really possible
with the granting of a court judgment. It is also good to know that for it to be valid, an 86(10)
termination notice must be served on three parties: the consumer, the Debt Counsellor and the
NCR via registered mail. This is prescribed by law and as you can imagine takes a long time.
Are you being Lied to?
If there is no judgment actually terminating the credit agreement between you and the creditor,
then the claim from the call center agent is simply untrue. Please note it is required by law for
consumers to be RICA’d and FICA’d and if your contact details are not updated and legal notices
are sent to the incorrect address it will be a problem for you. This is your responsibility not the
Debt Counsellor’s. If you move be sure to let everyone know. It helps protect you. Hiding does
the opposite.
Missed a Payment?
If your debt restructuring court order has already been granted and you are in arrears with
payment, then creditors do not have to serve a notice but can summons you directly. Non or
partial payments on court orders are contempt of court and creditors have the right to start legal
action. It is oh so very important that consumers do not skip any payments when a court order