August 2021 IDM Special Edition

Credit providers also commonly fail to cancel debt order requests,
and allow their collections arms to continue harassing consumers
even after they have applied for debt review. These actions on the
part of credit providers lead the consumers to feel like the debt
review process has failed them, and so they incorrectly blame Debt
Counsellors and then try cancel their applications.
The Courts:
The courts play a crucial part and must ensure that the interest of
all the parties are protected when hearing the matter. Certain courts
however, focus more on technicalities than the merits of the case.
These courts have very strict requirements that need to be complied
with, before the court even bothers to look at the merits of the case.
Certain courts for instance, require a certified copy of the consumers
ID, even though all the other documents, (including those of the
credit providers), confirm the identification of the consumer.
These additional requests, even though they are within the
Magistrates discretion, give the consumer the impression that they
are not receiving the protection offered in the NCA. Many consumers
struggle to find the time and finances required to meet these extra
demands which they would not face in a different court. This can
result in massive delays and many extra trips to the courts for the
Attorneys trying to help the consumers and banks.
National Credit Regulator:
The NCR has a mandate to regulate the industry and, inter alia ensure
the debt review process works. Years after the inception of the NCA,
the problems mentioned above sadly still persist.