Debt Counselling & The Debt Counselling Fee Structure 2020
Debt Counselling or Debt Review is a legal process that is designed to help over-indebted South Africans regain control of their finances by restructuring their debt according to a legally approved plan.
This professional service is provided for over-indebted consumers. It is a process regulated by the new National Credit Act and provides you, the consumer, with greater protection against creditors threatening to take legal action.
Consumers who are struggling to meet their monthly debt obligations qualify to apply for debt counselling. These consumers should have a distributable income, which will be used to offer reduced payments to their credit providers. Consumers married in community of property must jointly apply for debt counselling.
Book your free debt counselling assessment below.
While undergoing Debt Counselling, you will be protected against legal action taken by your Credit Providers and only have to pay one monthly, affordable reduced payment, leaving you with enough money for your monthly expenses
One of the most frequently asked questions we get on a daily basis is what are the Debt Counselling Fees?
Debt Counselling is a formal legal process, which is governed by the National Credit Act. Your monthly debt repayment amount is specific to your situation and how much you owe on your debt in total. Debt Counsellors are permitted by the NCR to charge certain fees which include:
This is a flat fee to cover the costs of the debt counsellor to process the completed debt Review application.
Regulated Cost – R50
Payment Due Upfront and in full.
The Debt Review administration fee is a regulated once-off flat fee which gets charged by the debt counsellor. This fee is for administering the following processes:
Regulated Cost – R300
Payment Due Upfront and in full.
The Fees under debt counselling are aligned to the outcomes of a full assessment of the consumers’ financial information and the following processes include:
Costs – The restructuring fee is equal to the distributable amount of not more than R8000 for a single applicant and R9000 for consumers married in community of property
In other words, the first restructured instalment will get paid to the debt counsellor. The above limits apply
Payment Due: This first payment will get paid over to the debt counsellor for services rendered.
A debt counsellor will attend to Reckless Lending Assessments and investigations and supplying reckless lending documents to attorneys to draft affidavits on the assessment outcome
Cost R1500
Debt counsellors will track your debt counselling progress and attend to the following while you under debt review.
Costs: 5% of the distributable amount or an amount of not more than R450 per month.
Aftercare fees will never exceed R450. If the amount exceeds R450pm query the amount with the debt counsellor and the NCR.
Payment Due monthly will get deducted from the debt Review restructured amount.
A debt counsellor will submit your debt counselling application with the NCT to get a consent order.
Costs R 621.14 once-off and this is excluding the NCT filling fee. Currently, the NCT filing fee.
equivalent to your monthly debt rehabilitation amount for your legal application to the Magistrate Court.
Book your free debt counselling assessment below.
The National Credit Regulator (NCR) has established guidelines outlining the fees debt counsellors can charge in South Africa. Understanding these fees is crucial before entering debt review. This table provides a clear breakdown of the different fees, along with details on when they become due or what triggers their payment.
STEP | SERVICES | AMOUNT(excl vat) | PAYMENT DUE |
Application | Completion and submission of Form 16 | R50.00 (Regulated) | Upfront and in full |
Administration Fee | a) Consultation with consumer including an explanation of process and fee disclosure b) Form 17.1 process c) Loading of consumers onto the DHS d) Rejection process of form 17.2(a) including. notifying the consumer and credit providers II. updating the DHSIII. compliance with Regulation | R300.00 per application | Payable upfront and in full |
Restructuring Fee | Attending to the Form 17.2(b) process including, but not limited to, the following related services: a) Proposal preparation; b) Loading the plan on the debt counsellor’s PDA*** profile; c) Negotiating with credit providers; d) Submitting the final proposal; e) Supplying debt counselling documents to the attorney to draft the court application; f) Updating the DHS; g) Transferring the consumer; h) Instructing the attorney to draft the court application/collating and filing NCT**** application; and i) Withdrawal by the consumer (Form17.W process) | For one applicant the fee is either equal to the distributable amount** or a maximum fee of R8 000.00 (whichever amount is the lesser). For consumers married in Community of Property, the fee is either equal to the distributable amount or a maximum fee of R9 000.00 (whichever amount is the lesser). | Collected from restructured payment in Month 1 after drafting and submission of the proposals. |
Reckless Lending Fee | a) Reckless lending assessment; and b) Supplying reckless lending documents to the attorney to draft the affidavit on the assessment outcome. | R1 500.00 per debt counselling application. | Collected from restructured payment in Month 2 after completing the written outcome of the reckless lending assessment. |
Aftercare Fee | a) Form 17.2(c) process; b) Review of the consumer’s financial situation; c) Attending to payment queries; d) Clearance process, including securing the paid-up letters; e) Withdrawal by the consumer (Form 17.W process); and f) Updating the DHS. | For the entire debt counselling process the fee is equal to 5% of the distributable amount or a maximum fee of R450.00 (whichever amount is the lesser) | Collected from restructured payment in every month after Month 2 in which aftercare services are rendered. |
NCT Submission Fee | Submission of the NCT application. | R500.00 (excluding the NCT filing fee which is R200.00). | Collected from restructured payment in Month 2 after completion of the restructuring process. |
Attorney Fee | a) Drafting of the court application b) Attendance at court. | To be agreed upon upfront with the attorney and communicated in writing to the consumer when applying for debt counselling. | Collected from restructured payment and distributed to the attorney only after: a) one or more credit providers have not accepted the repayment plan; b) the attorney has drafted the court application; and c) the attorney has attended the hearing of the court application: |
Application Fee (R50-R300) vat exclusive. This is a one-time fee paid at the beginning of the process to cover the initial assessment of your financial situation and determine your eligibility for debt review.
Restructuring Fee (Up to R9,000) vat exclusive. This fee is usually equal to the total amount you’ll be repaying your creditors every month under the debt review plan. There’s a maximum limit, however, which can be: R8,000 for individuals R9,000 for married couples in community of property.
Magistrates Court Legal Fee (Up to R9,000) vat exclusive. This fee is usually equal to the total amount you’ll be repaying your creditors every month under the debt review plan. There’s a maximum limit, however, which can be: R8,000 for individuals R9,000 for married couples in community of property.
Aftercare Fee (5% of monthly repayment, capped at R450) vat exclusive. This is an ongoing monthly fee charged by the debt counsellor to manage your debt review case. There’s a maximum limit to this fee as well.
Legal Fee of (R750) if The Matter will be Sent to The National Consumer Tribunal. This is a one-time fee for obtaining a consent order, which legally binds the agreed-upon repayment plan with your creditors. In some complex cases, additional legal fees might be negotiated with your debt counsellor.
Payment Distribution Agent (PDA) Fee of R15 per creditor distribution vat exclusive (Optional): A small fee might be charged by the PDA for collecting and distributing your monthly payments to your creditors.
The cost of debt review removal through The National Debt Review Center is set at R8550.00 vat exclusive, with an option to pay this amount over 2 or 3 months.
It’s important to note that debt review removal fees can vary, as they are not regulated in the same way as the debt review fee structure. Some law firms and debt counsellors may charge fees ranging from R3500.00 to R12,000.00 for this service.
There’s no maximum limit on the total debt amount you can include in debt review. However, the restructuring fee has a cap (R8,000 or R9,000), which is typically based on your monthly repayment amount.
Debt review can be a powerful tool if you’re overwhelmed by debt. It provides a structured approach to managing your debt, reduces interest rates, and protects you from legal action. However, the extended timeframe and limited access to credit might not be suitable for everyone. Consider the pros and cons and discuss them with a registered debt counsellor before proceeding.
After your initial assessment with a debt counselling company, you may be informed that your current situation does not qualify you to go under debt review.
Some of your accounts, especially those which have been subjected to legal action, may be excluded.
Your debt may take longer to repay.
You may have to give up on a few luxuries in your life, but once you become become debt free, it will undoubtedly be worth it.
You will be “flagged” at the credit bureaus — but you will not be “blacklisted”.
You will not be able to use any of your retail store cards or credit cards.
You will not be able to apply for new credit.
Removing debt review typically requires professional assistance, especially if it involves legal proceedings or negotiations with creditors.
If there are issues with your debt counsellor or if they’re no longer practicing, you may need to seek assistance from the NCR or another registered debt counsellor.
There is a monthly aftercare fee that is charged for the ongoing management and administration of your debt review. This fee typically ranges from R50 to R450 max per month and includes regular communication with your creditors and monitoring your progress.
Yes, debt counselling fees are regulated by the National Credit Regulator (NCR) in South Africa. This ensures that fees are fair and reasonable and that debt counsellors adhere to the highest industry standards and ethical practices.
PDAs charge a fee for processing and distributing your monthly payments to your creditors. This fee is typically R15 per creditor distribution.
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View Comments
I am under debt review. The debt review company charge me R460.00 per month and also R517.00 for Hyphen. Is this correct. In al the regulations I cannot find the Hyphen fees that they allowed to ask.
Thanks
When i paid my last installment to the creditor and i am finish with my debt counseling, do i still pay the debt counselor the restructuring fees again or the lawyers fees again.
Good day Keobakile
Once you have paid all fees due you cannot be charged for any other additional fees.
Kindly contact your debt counsellor to provide you with further clarity in this regard.
Once you have you're payment plan structured and feel that it's alot, can it still be reduced?
Greetings.Please I want a clarity on how much a debt counselor should charge a client for Attorney fee? Thanks
Consolidate all 4or 5 payments into a single payments p
I am paling R7000 for debt review of which only R500 is paid to my creditors. Is this acceptable
Excellent blog post. I certainly love this website. Keep writing!
Thank you