23.12.2021 Views

Debtfree Magazine issue #12 of 2021

SA's Free Magazine about dealing with debt, debt counselling, debt review and more. This month we look both back and forward as we review 2021 and what we can learn from the tough year.

SA's Free Magazine about dealing with debt, debt counselling, debt review and more. This month we look both back and forward as we review 2021 and what we can learn from the tough year.

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DEBT COUNSELLING – THE NOBLE PROFESSION

THE LEGAL SIDE

OF THINGS

Sadly, the SA court system has fallen far short of initial

expectations of how they would embrace debt review.

Often Magistrates would shy away from restructuring

debts and would rather try force consumers and credit

providers to negotiate and settle matters outside court

on their own.

It was also expected that Magistrates and Judges would refer almost

all matters about credit accounts to Debt Counsellors and make good

use of this resource. Instead many courts initially shied away from

dealing with debt review matters for years, some still have the habit

of nitpicking and country wide the legal side of debt review is still so

complicated after one and a half decades that legal fees often outstrip

the professional fees of the Debt Counsellor.

Still, this has not prevented Debt Counsellors from reaching out

to help consumers and offering them what relief they can through

this amazing process. It is one of the most advanced in the world

and though somewhat underutilized it offers a dignified way for

consumers to realistically deal with their debt (and for credit providers

to collect debt with few costs). Working with expert attorneys Debt

Counsellors have figured out how to help consumers through the

convoluted legal system.

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