Debtfree Magazine September 2019

ARE YOU
TRAPPED
IN DEBT REVIEW
September 2019
www.debtfreedigi.co.za
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Isn’t South Africa a place of wild
contradictions? Right now, we
have strikes and protest action
everywhere, Xenophobic attacks
on one side of the country while
on the other side recently, people
were marching to demand that
violent men stop being violent!
The army is playing bodyguard
to the Cape cops, and lots of low
level crooks have been rounded
up while in the same area, gang
lords roam free right past the
same cops.
The Rand is doing well and even
foreign Royals are visiting our
shores, at the same time politicians
are accusing each other of being
involved in corruption. New
commissions are being established
to track down stolen money, while
older commissions are yet to result
in arrests.
Moody’s is threatening a rating
downgrade that will chase off
investment while the government,
miraculously raises an extra 1 Billion
Rand by issuing more long term
bonds, due to high demand.
We live in a country where more
people have access to credit than
have jobs. Where half the people in
the country, technically, live below
the poverty line while retailers are
disappointed by their low sales. All
this, during a worldwide economic
recession where global markets
have shrunk, and people have lost
jobs. No wonder people are turning
to the assistance of debt review.
In this issue we look at a recent court
case that has given clarity on an issue
that was bothering the entire debt
review industry (and consumers)
for ages. It centers round leaving
the debt review process. The ruling
will encourage you to keep going
with the debt review process and to
help those who are contemplating
entering the process to give it serious
consideration before they start the
ball rolling.
The DTI has also initiated discussions
about proposed changes to make
to the Regulations for the National
Credit Act. Some of their plans will
no doubt surprise or shock you. We

discuss some of their proposals in
this issue of the magazine and we
will continue to track them as the
DTI go ahead with making changes.
Too many contradictions can leave
your head spinning, unsure whether
to be happy or sad, until you head
to the petrol station and prices are
up again or when your food bill is
higher than your limited budget.
Perhaps the rugby world cup can
distract us from our problems, but
maybe not. It is natural to want a
better life - to get clear of debt and
start building towards a positive
future. It is also natural to want
to have some control over your
future. So, if you can’t control all the
contradictory wildness around you
politically and economically, at least
you can keep paying off your own
debts and taking another step, this
month, towards being debt free.
FROM
THE
E
D
IT
O
R

HOW DO YOU
COMPARE?
Ever wondered how your income compares to the majority of South
Africans? Are you rich or poor compared to everyone else?
Wonder no longer, you can use this interesting online tool from the South
African Labour & Development Research Unit:
www.saldru.uct.ac.za/income-comparison-tool/
It will reveal where you score (based on your income) compared to other
South Africans. You simply capture one or two figures and it will show you
on an easy to understand graph.

DEBT REVIEW
SCHOOL
If you pay your debts yourself
(not via a PDA) never miss
payments of your Debt
Counsellors monthly fees

ARE YOU TRAPPED
IN DEBT REVIEW?
C
ADVERTISING
TIPS
IMPACT REPORT
ON NCA
AMENDMENTS
O
NTENTS
DTI PLANNING
NEW NCA
REGULATIONS
SERVICE
DIRECTORY
DISCLAIMER
Debtfree Magazine considers its sources reliable
and verifies as much information as possible.
However, reporting inaccuracies can occur,
consequently readers using this information do
so at their own risk. Debtfree Magazine makes
content available with the understanding that
the publisher is not rendering legal services or
financial advice. Although persons and companies
mentioned herein are believed to be reputable,
neither Debtfree Magazine nor any of its
employees, sales executives or contributors accept
any responsibility whatsoever for their activities.
Debtfree Magazine contains material supplied to
us by advertisers which does not necessarily reflect
the views and opinions of the Debtfree Magazine
team. No person, organization or party can copy
or re-produce the content on this site and/or
magazine or any part of this publication without
a written consent from the editors’ panel and the
author of the content, as applicable. Debtfree
Magazine, authors and contributors reserve their
rights with regards to copyright of their work.

ARE YOU
TRAPPED
IN DEBT REVIEW

Business photo created by kues - www.freepik.com

ARE YOU TRAPPED
IN DEBT REVIEW?
Debt review is an amazing process that allows consumers to deal with
their debt in a dignified and realistic manner each month. For many
it has literally been a lifeline to sanity and the opportunity to get
their life back on track.
Some consumers who have entered debt review have found that
starting the process is much easier than ending it. Most consumers
suddenly face 5 years of regular debt repayments without interruption
after many, many years of inconsistent debt repayment behavior. This
can be a real challenge. Leaving debt review* is especially tricky if
someone wants to leave the process before they have repaid all their
debts.
*
In this article we are using the terms debt review, debt counselling and debt
restructuring interchangeably even though each term has slightly different
connotations.

Business photo created by freepik - www.freepik.com

ARE YOU TRAPPED IN DEBT REVIEW?
SHOULD YOU LEAVE
DEBT REVIEW?
You may wonder why someone in financial difficulty, who has found
this brilliant system of repaying their debts, may want to leave the
process before all their debts are paid up. First, let’s consider who
may want to leave debt review and why?
Some consumers have chatted to Debt Counsellors over the phone and
have asked for a debt review not realizing that the Debt Counsellor would
be obliged to inform the National Credit Regulator (NCR) that they had
done so. The NCR in turn notifies all the credit bureaus that the person has
asked for a review of their debt and the various credit bureaus put what is
called a ‘debt review flag’ on the person’s profile. This flag unfortunately
scares credit providers who worry that if they give someone with such a flag
on their credit report credit it may be considered legally reckless. Credit
providers can be fined up to R1 million for granting reckless credit. So, most
simply cut off such a consumer’s access to credit until that flag is removed.

Other consumers who start the process find that they cut their expenses and
later begin to earn more. Their partner may get work whereas before they
were unemployed or their business may begin to be profitable and suddenly
they have as much or more money that they used to have before debt
review. Such consumers may then want to leave the debt review process so
they can “get on with their lives”. They may feel that they would like to go
back to how things were when they could use their credit cards, store cards
and over draft.
Another group of consumers who have entered debt review may, in
confusion, decided to forego the services of a Debt Counsellor so that they
could, in their confused thinking, save a little money on fees each month.
They start to pay their credit providers the reduced amount as per the debt
restructuring plan each month but not their Debt Counsellor. Eventually,
such consumers may think that they have paid up all their debts and are
ready to reenter the credit market. At that point they then struggle to get the
credit bureaus to remove the debt review flag because they do not have a
Debt Counsellor anymore.
Other consumers began debt review a long time ago but were unable to
keep up regular debt repayments. They may have had unfortunate events
prevent them from repaying their debts for a month or two or may have lost
their job during the process. This meant that they did not stick to their debt
restructuring court orders for debt review and dropped out of the process.
It is estimated that there may be as many as 600 000 consumers in one
of these situations. When all these consumers try to use credit again, they
soon find that because the credit bureaus have them listed as being under
debt review they cannot get access to credit. They may then run back to
their former Debt Counsellor, a new Debt Counsellor, to the NCR or into
the waiting arms of someone who offers to remove their debt review status
in an online advert/ facebook page.

ARE YOU TRAPPED IN DEBT REVIEW?
CAN YOU LEAVE
DEBT REVIEW?
If you have started the debt review process and find that your financial
situation has changed for the better then you may wonder if you can
leave the process and begin paying all your debts as before.
At present, the Act makes provision for consumers in debt review to pay up
all their smaller debts and vehicles then leave the process with only a bond
left. If this is your situation then speak to your Debt Counsellor about how
to do this safely.
If you still have lots of debt, then ask yourself why you want to lose all the
benefits of debt review. No more reduced interest rates, no more reduced
monthly repayment amounts. Account fees and charges would be added
again meaning that you will pay so much more for your debts. It is a bad
financial decision that will cost you a lot.
For most consumers the debt review flag showing at the credit bureaus
means they cannot get access to more debt. They may have failed to learn
from their past mistakes of taking on more and more debt over time until
they couldn’t cope. They may want to start down that dark path again. The
debt review status at the credit bureau stops them from doing so. They
become desperate to take on more debt again.

ARE YOU TRAPPED IN DEBT REVIEW?
CAN THE COURTS
GET ME OUT OF
DEBT REVIEW?
Consumers in different provinces have headed to court to ask the
courts to rule that they are no longer over indebted and do not need
debt review. Different courts across the country have given many
different rulings.
Some courts, like in the Western Cape and KZN, have told consumers they
are not able to help because the National Credit Act only says a court can
call a person over indebted so they can qualify for debt counselling and it
does not say they can declare someone “not” over indebted.
Other courts have said it was fine and made orders to say the person
doesn’t need debt counselling anymore. Many courts have simply said they
cannot make a ruling. Now a new important High Court case has given
clarity on the subject which has been the topic of much industry debate over
the years.

The court case was heard, in Gauteng, by a full bench of several judges
and involved, among others, the National Credit Regulator (NCR), Mr Neil
Roets of Debt Rescue (the Debt Counsellor), RCS, Edcon, Standard Bank,
the Law Society of SA, the Banking Association. Two different consumers’
matters were considered at the same time and expert witnesses (like Debt
Counsellor Michelle Barnard) called in to present additional information.
The Ruling
After hearing from all the experts and after considering the arguments the
court was asked to answer a number of important questions about leaving
debt review.
The ruling, in effect, says that the High Court cannot say that someone
is not over indebted once they have been declared over indebted by a
Magistrates Court. Due to the way the National Credit Act never mentions
such a situation, no High Court can rule that someone in debt review is no
longer over indebted. It may be that the law was written specifically that
way to create the situation where once a consumer starts debt review they
have to finish the process.
Obviously this traps many consumers out of the credit market. The ruling
also says that unless someone questions the constitutionality of a person
being trapped in debt review (at court) the situation will just have to continue
as is. The ruling also says that if people want to change things then the
lawmakers will have to change the National Credit Act. The courts cannot
just work around the Act.
One other interesting part of the ruling says that if a matter has not yet been
heard by the Magistrates Court and if the consumer’s situation changes a
lot then the Magistrates Court could be given new information that proves
they are not over indebted. The ruling did not however mention the credit
bureaus and if they would have to remove the flag.

DEBT REVIEW | CREDIT LAW | LITIGATION
CONTRACTS | FAMILY LAW | WILLS & ESTATES
KIM
ARMFIELD
AND ASSOCIATES
Did you know that Debt Mediation can be
done legally? Contact us to find out how.
Tel: 021 949 1758 | 084 702 3760
info@legalwc.co.za | www.capeattorney.co.za

ARE YOU TRAPPED IN DEBT REVIEW?
WHAT DOES
THIS MEAN?
The ruling means that for consumers who are in the process and
paying each month, if they want to leave the process they have two
ways to do so: (1) pay up your smaller debts and leave with only
your bond to pay or (2) pay up all your debts and get a clearance
certificate from a Debt Counsellor.
For those who dropped out of the process, it means they cannot simply pay
some random attorney to miraculously remove their debt review status.
There are many such scams out there with unscrupulous people preying
on vulnerable people. They should steer clear of such scams. They have
to make the effort, as and when they can, to pay off all their debts and
then eventually get a Debt Counsellor who will help them with a clearance
certificate once they have done so. This will be a very long and hard journey.
Others who do not pay off their debts will find they will still be considered
legally over indebted and that (for now) the credit bureaus will not remove
the debt review flag. Credit providers will probably continue to deny them
credit even if they could realistically afford it. They are essentially trapped.

ARE YOU TRAPPED IN DEBT REVIEW?
TRAPPED!
For consumers who are thinking about entering debt review this means
that you need to make sure that if you start the process you are 100%
committed to sticking to the process. Be careful of committing to an
official debt review over the phone as it could come back to bite you.
You should ask anyone who calls to clearly explain if you are applying
for help or simply receiving information about the process and how it
works.
Debt Counsellors need to make sure that they inform consumers of the
serious and lasting nature of making the request for a debt review. It is not
something to be taken lightly. If consumers enter the process too easily they
may mistakenly feel they can leave the process as easily. If they later find
out that they have to stick to the process or face being cut off from credit
indefinitely they may feel cheated or that you failed to inform them.
Many Debt Counsellors worry that they should try get consumers signed up
the process as quickly as possible and prioritize this over making absolutely
sure that the consumer will follow through. They may be incentivized to do
so due to commission structures etc. Some larger firms may need to rethink
how they operate given this ruling. Many consumers have a type of buyer’s

emorse and fail to follow through without being helped to clearly see the
benefits over and over again. Now more than ever it seems it is time to only
bring people on board who will complete the process.
Credit providers should be increasingly wary of issuing 86(10) terminations
as it may now mean they end up trapping consumers in limbo unable to
ever become a customer again in a time when banks are desperate to
retain clients.
For those who already dropped out the process, perhaps even years ago,
they should avoid been scammed for fees for any ‘debt review status
removal’ services. This ruling makes it clear that such services cannot work.
These consumers should rather focus on finally repaying their debts. If they
do not pay off these existing debts then they will continue to be considered
over indebted and be locked out of accessing new credit.
It seems that the NCR and DTI need to seriously consider making amendments
to the National Credit Act to help the many hundreds of thousands of
consumers who are trapped outside the credit market. Changes have been
made to the Act in the past to allow consumers to leave debt review without
being trapped in the process for 30 years with a bond. Perhaps new changes
could be made to address this issue.
For now, if you have entered debt review it seems that the only way out is
through.

South Africa’s
leading Debt Counsellors
since 2007
Start getting out
of debt today!
www.creditmatters.co.za
Call our national
call centre on
086 111 6197

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Of Your Finances
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over-indebted consumers which
involves restructuring of debt
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fees and lengthening payment terms.
Debt Counselling could be the best
gift you give yourself.
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DEBT REVIEW
SCHOOL
Do you know the name of
your attorneys who are HELPING
with your debt review?
If not, find out!

ADVERTISING TIPS
Are you spending a lot of money on advertising and having little or
no success getting more sales? While the availability of funds in a
downturn economy is an influencing factor, people are still shopping
for products and services during hard economic times. Advertising is
meant to influence consumers who are ready to spend, to choose your
service or product over that of your competitor.
Back in 2007, the Washington Post arranged for a man in a rather non
descript jersey and baseball cap to stand in a grimy corner of a train station
in Washington DC. He stood next to a garbage bin and after setting out
his violin case to collect tips, began to play for around 45 minutes. Almost
1000 people passed him by that morning on their way to work. Some
sat nearby and had their shoes shined or bought items at a shop. Seven
people stopped to listen during that time. Some dropped in tips amounting
to $35 but nearly a thousand others simply walked right by.
Why is this interesting? Well, two weeks before the same man, Mr. Joshua
Bell performed at the Symphony Hall in Boston. He wore the traditional
black suit, and the excited crowds were all prepared to pay $100 each to
hear him play. The hall was packed. Mr. Bell is known as a brilliant violinist,
his performance has been described by some as telling “human beings
why they bother to live”.
In both locations, Bell played the same songs. The man was the same, the
instrument was the same and the music was the same. The different was
the environment or what marketing people call ‘context’.

ADVERTISING TIPS
CONTEXT
People in a grimy train station do not expect to hear a world famous,
brilliant, concert violinist, so they walked right past. In contrast,
people heading to a fancy concert theatre are expecting only the best
performances and are willing to pay for the pleasure.
The Washington Post organized the experiment in order to discern if the
context in which we are exposed to something really matters or not. They
were expecting a different result but the marketing world learnt a lot from
the outcome.
When advertising, it is important to realize that sometimes what you say, is
not as important as where you say something. For example, you may pay a
lot to advertise a… debt counselling service in totally the wrong place and
be disappointed that no one comes running to make use of your fantastic
debt solution. Keep this in mind when investing in online advertising as
well, simply having a lot of people see your advert is no guarantee that
they will respond. They need to see your advert in the right place, and in
association with other similar products and services.

If we see an advert for a service or product in a place we associate with
value and relevance, then we are more likely to pay attention to it. For
example, advertising your Debt Counselling firm in the service directory
listing of a magazine all about debt, debt counselling and debt review, as
opposed to in a magazine about fly fishing. The same person could see
both adverts in both magazines, but will allocate more credibility to an
advert in an associated industry magazine.
Our brains also come into play, and can (amazingly) trick us into appreciating
something more or less, given the context. Researchers have found that
people who paid more for a bottle of wine (the same bottle) actually enjoyed
the wine more than those who paid less. Those paying less had their brains
tell them that since the wine was cheap, it was better than expected but not
great. Those paying a lot for it found they genuinely enjoyed the wine. Their
brain had primed them to expect a better taste before they had even taken
a sip. The researchers say that they became predisposed to enjoying the
wine before tasting it.
Of course, the best marketing practice is to have clear, catchy advertising
(content) that is presented to people at the right time and place (context).
So, for the best results from advertising, be sure to balance your great
content with the right context.

www.collectnetpda.co.za

KIM
ARMFIELD
AND ASSOCIATES
When debt
review clients
don’t pay they
put your entire
practice at risk!
We make sure you get paid for
the work you’ve already done!
Tel: 021 949 1758 | 084 702 3760
info@legalwc.co.za | www.capeattorney.co.za

DEBT REVIEW
SCHOOL
Do you know the name of
your attorneys who are HELPING
with your debt review?
If not, find out!

GOVERNMENT IMPACT
REPORT REVEALS
MASSIVE ISSUES
WITH NEW NCA
AMENDMENTS
The President recently signed a new set of amendments to the National
Credit Act. Although we are yet to find out exactly when they will
come into effect, they already form part of South Africa’s legislation.
The new laws impact on how debt review is done, and also make
provision for consumers with smaller debts to get debt counselling
from the National Credit Regulator (called Debt Intervention).
When a new law will possibly have a big affect on the economy, then
Government calls for a Socio-Economic report to see what could result
if the new laws were passed. The results are normally discussed by
Parliament and the President and from time to time the public.

Business photo created by asier_relampagoestudio - www.freepik.com

ISSUES WITH NEW NCA AMENDMENTS
WHAT CHANGED?
If “Debt Intervention” is just debt review, which has been around for
years, then what’s the big deal? While debt intervention IS just debt
review (done by the National Credit Regulator for people who earn
less than R7500 and with less than R50 000 unsecured debt) it does
have 2 big differences:

Difference #1
The NCR (and later courts) encouraged Debt Counsellors not to take on
clients who did not have income to pay back their debts (even though the
NCA did not specify this about debt review). They also regularly encourage
Debt Counsellors to try to get consumers to repay their debts within 60
months, which is popular with many credit providers.
The NCR themselves will be taking on such matters for consumers who
qualify, and don’t have income or enough to repay debts now. They will
make use of the provisions in the NCA which allow repayments to be
postponed for a while. This allows these consumers to start to earn more
income, but means credit providers must wait for funds, and cannot take
them to court in the interim.
Difference # 2
Debt Intervention could see consumers, who cannot make debt repayments
for many years, eventually have some of their debt written off. The credit
providers feel very nervous about this, since the debt they offer to bank
clients is their property, as well as that of their savings clients. Debt write
offs may equate to expropriation of property without compensation.

ISSUES WITH NEW NCA AMENDMENTS
WHY DEBT INTERVENTION
IF DEBT REVIEW
ALREADY EXISTS?
The NCR has recommend a set of fees for Debt Counsellors to charge.
Many politicians and perhaps the DTI seem to think these fees are
expensive (even though they are built into the process over many months
and are only what the consumer can afford).
The NCR also recommend that Debt Counsellors try to settle debts within 60
months of people starting the process (eg. through DCRS). For consumers
with little or no means, this could be impossible. The NCR and many courts
(and credit providers of course) do not think that repaying debts for long
periods of time (as is done in other countries, like the UK) is a good idea. So,
they effectively encourage Debt Counsellors not to help such consumers.
Even though almost 20% of people in debt review fit into this income and
debt profile, the law makers and regulators are pretty sure that the new
NCR offered service won’t have much of an impact on the existing debt
counselling industry.

ISSUES WITH NEW NCA AMENDMENTS
REPORT WARNS
OF ISSUES
Many have been concerned that taking away (writing off) the banks
and their savings clients’ money may be unconstitutional, and will
certainly make the banks and small credit providers scared of lending
to the millions of consumers in this profile.
One of the main concerns in the Report is that with NCR registered lenders
raising rates for such consumers, or avoiding them, these consumers will
soon be forced back into the arms of loan sharks.
The Report also says that estimates on how much it is going to cost tax
payers to fund the work of the NCR, have been massively underestimated.
The figure they give is R407 million for the first year, and that will rise each
years as the workload increases.
While it is somewhat of a ‘cart before the horse’ situation, with the report
being made public after the signing of the bill into Law by the President,
the fact that the Report has come out with big concerns does not mean the
Laws will not be put into effect. Almost all of the raised issues were already
mentioned in consultation with the industry and public before the bill was

sent to Parliament. It simply highlights some of the major challenges that
implementing the Law is going to create. At present, the DTI are looking at
new and updated regulations in regard to the National Credit Act. These will
help turn the idea of Debt Intervention into a reality, should the constitutionality
of the amendments not be taken to court by concerned credit providers.

What if...
YOUR CLIENT’S VEHICLE IS STOLEN OR WRITTEN OFF?
Is he really insured, and if so, properly?
Could the insurer repudiate the claim
because of his debt review status?
As he cannot borrow,
how does he replace his vehicle?
Since he can’t get more credit,
how does he replace his vehicle?
Meliorleaf is the first and only specialist in
insuring the assets of people in debt review.
We genuinely protect your clients…
in partnership with you.
CALL US NOW 011 141 2799 | www.meliorleaf.co.za

MAXIMISING INSURANCE RELATED INCOME
PARTNERSHIPS
How Meliorleaf partnerships with Debt Counsellors work.
We keep you advised regarding your clients to ensure they are
covered properly and remain covered.
We remunerate you, ongoing, for what you choose to do:
Some debt counsellors want to be actively involved in arranging
and managing insurance relationships, and we fairly share
commissions earned
Some debt counsellors are also registered Financial Services
Providers. They can advise clients and provide a full broking
service, and are entitled to earn the full commission
But, Meliorleaf understands that some debt counsellors cannot or do
not want to be actively involved. However, they do want their clients
to be properly insured:
For these debt counsellors, Meliorleaf can provide a fully
outsourced turnkey solution. What’s more, we will still provide
you with ongoing remuneration on all active policies.
Are you interested in partnering with Meliorleaf?
Call Sean or Elmarie today on 011 141 2799
CALL US NOW 011 141 2799 | www.meliorleaf.co.za

DTI PLANNING NEW
NCA REGULATIONS
The Department of Trade and Industry (DTI) are responsible for the
making regulations which help turn the ideas in the National Credit
Act (NCA) into day to day processes. These regulations make it clear
how certain sections of the NCA are applied. They provide forms and
further information such as exactly how much may be charged for a
service or what information is required in certain situations.
For a long while, the industry has been calling for changes to be made to
many of the existing NCA regulations and the addition of missing regulations
to clear up some glaring issues. Over time as the industry has matured and
new processes have been added (like dispute resolution or debt intervention).
In many cases, further clarity is required to ensure that all parties cooperate
with the intentions of the NCA.
Recently, the DTI called on people working in the industry to give comments
on a number of ideas they are talking about. They sent a list of the changes
they are thinking of making to various regulations. The DTI have made
it clear that this is just the start of a public consultation and conversation
calling it an ‘informal platform’ to have a good chat about their plans.

DTI PLANNING NEW NCA REGULATIONS
SOME OF THE DTI’S
INTERESTING IDEAS
It seems that, after years of asking, the DTI are finally thinking of
changing the regulations to allow Payment Distribution Agents (PDAs)
to take slightly longer to pay money over to credit providers once they
get it from consumers. Why this is important is because it helps protect
the PDAs from consumers who later reverse the debt review repayment
for some reason. This can leave them out of pocket or paying extra
costs. Due to the regularity with which this happens it has become a
major issue for PDAs and even threatens their livelihood.

The DTI also want to make changes to ensure that people who enter debt
review provide documentation to their Debt Counsellor about the information
they give them. In a way, this might also protect consumers from simply
having a phone conversation with someone and ending up registered as
under debt review.
One area of contention is in regard to the DTI wanting to make the non binding
opinions of the National Credit Regulator (NCR) in regard to some forms,
fees and the use of computer software by credit providers called DCRS into
completely binding opinions. This would essentially mean that the NCR can
issue their own laws without having to ask the industry, public, Parliament or
even the DTI about them. This makes many people understandably nervous.
Some people have however pointed out that many of the planned regulation
changes have to pass through existing legal requirements or processes before
they can be changed and cannot simply be done via public consultation or
the DTI alone.

Die Republiek van
SKYT AFRICA
Hi Almal,
Nou ja dit is tyd vir die rugby Wêreldbeker en die dames moet maar
verlief neem met manlief se tydige en ontydige afwesigheid alhoewel daar
dames is wat ek ken wat ook vurige rugby ondersteuners is. Of die Bokke
die knoop gaan deurhaak is n ope vraag, kan iemand die All Blacks
stop? Die Noordelike halfrond spanne soos Ierland, Wallis en Engeland
kan ook nie vlak gekyk word nie en die Franse is altyd onvoorspelbaar.
Baie stoere rugby ondersteuners het die sokker Wêreldbeker gevolg,
hoekom? Deels omdat dit net elke vierde jaar plaasvind, deels omdat
dit n skouspel en uiters onvoorspelbaar is en omdat die wêreld se bestes
teen mekaar meeding.
Vir dieselfde redes sal menigte sokker aanhangers hierdie rugby skouspel
volg, dit is net bitter jammer en betreurenswaardig dat die SABC so
wanbestuur was dat hulle nie die finansiële vermoë het om die wedstryde

te beeldsaai of selfs oor die radio uit te saai nie. Die gevolg is dat die
geleentheid wat homself voorgedoen het om ons as n verdeelde nasie
weer saam te snoer verlore is. Mag die beste span wen, veral as dit die
Bokke is!
Daar was onlangs twee verbruikers wat hulle tot die hof gewend het
om onder skuldberading uit te kom. Die hof het teen hulle beslis, ek wil
geensins die meriete of die regstegniese aspekte hiervan aanraak nie maar
eerder hoekom die verbruikers hulle tot die hof gewend het. Die een het
aangevoer dat hy na 12 maande finansieel weer op sy voete kon kom en
die ander na 18 maande. Dit beten nie hulle was in staat om hul skuld af te
los nie maar in staat was om voort te gaan met hulle normale paaiemente.
Wat egter nie duidelik is nie is wat het daar toe aanleiding gegee dat hul
situasie verbeter het nie. Was dit die feit dat hulle in die periode wat hulle
onder skuldberading was nie verdere skuld kon aangaan nie, was dit die

feit dat hulle onder skuldberading die nodige verligting kon geniet om
sake om te draai of was daar n ander rede?
Dit is goed en wel om na die bestek van onderskeidelik 12 en 18 maande
hof toe te gaan en skuldberading te beveg maar wat sou gebeur het
in hierdie periode sonder die beskerming van skuldberading? Sou elke
skuldeiser, en ek lê die klem op elke skuldeiser, hulle op die boeke gedra het
sonder enige gevolge? Hou ingedagte dat finansiële instellings voorsiening
moet maak vir slegte skuld en enige rekening wat drie maande of meer
agterstallig is moet as slegte skuld verklaar word. Hoogs onwaarskynlik.
Skuldberading is nie n quick fix nie, dit is n proses en geensins n maklike
proses nie. Ek wil dit amper vergelyk met n wêreldbeker rugby span,
hulle bou vier jaar aan die proses om teen die bestes mee te ding, jy kan
nie n jaar of twee voor die tyd begin planne beraam en span bou nie.
Skuldberading wat as n korttermyn oplossing gesien word gaan faal. Die
groot probleem van hierdie twee persone blyk te wees is dat hulle nie,
terwyl hulle onder skuldberading is skuld kan aangaan nie. Was daar n
les geleer terwyl hulle onder skuldberading was? Duidelik nie.
Tjorts op die Bokke!
Groete,
Christo
Christo Hattingh
Kyk gerus my LinkedIn profile:
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Manage all debt counsellor swaps and
system changes.
Manage all COB escalated queries and
follow-ups.
Manage all debt order cancellation requests.
Manage reckless lending allegations.
DCKYC@absa.co.za
KYC
For return of KYC Forms.
Authorised Financial Services Provider and a registered credit provider (NCRCP7)
Absa idirect’s FSP 34766
Absa Insurance Company’s FSP 8030

Email Turnaround Time Function
Proposals
DCProposalquery@absa.co.za
DRProposals@absa.co.za
10 Business Days
10 Business Days
Manage all proposal escalated queries and
follow-ups.
Processing of the following documents:
17.2, proposals, proof of insurance,
17.3 & supporting documentation.
Legal
Courtapp@absa.co.za 5 Business Days All legal documents to be provided to this
department for review.
Termination
DRTerminations@absa.co.za
17.4@absa.co.za
10 Business Days
10 Business Days
Manage all termination queries,
reinstatements requests and follow-ups.
Manage all voluntary termination requests.
DCClearanceCerticate@absa.co.za
Clearance
5 Business Days Manage all clearance-related queries
and requests.
Service
Types of queries managed by this department; Account closure conrmation/request. Balance conrmations/
query. Account status conrmation, statement request. Paid up letter request. Refund request. All relevant
operational queries to be referred to operational queues mentioned.
Debtreviewqueries@absa.co.za
Debtreviewmanager@absa.co.za
10 Business Days
5 Business Days
Entry point for all query-related matters.
Escalation point for all query-related matters.

First National Bank – a division of FirstRand Bank Limited. An Authorised Financial Services and Credit Provider (NCRCP20). Reg. No. 1929/001225/06.

DC Query Process DC Query Process
www.nedbank.co.za

17.1, 17.2, Proposals, General
correspondence:
debtcounselling@africanbank.co.za
To register for Legal Web Access:
lwac@africanbank.co.za
Reckless Lending investigations:
RLA@africanbank.co.za
ESCALATION PROCESS
DETAILS COMING SOON