Debt Review Removal in South Africa – Get Legally Removed.
If you’re still paying off your debt but want the debt review flag removed from your credit profile, you’ll need a court order to officially exit the process. This order granted by a magistrate confirms that you’re no longer over-indebted, allowing credit bureaus and providers to update your status.
To cancel debt review through the courts, you must show that you’re financially able to resume your original monthly repayments outside of the debt review process. Keep in mind, once the review is cancelled, creditors may require you to pay your full outstanding debt provided it’s still legally enforceable and not prescribed. (Debt typically prescribes if no payments or legal action have taken place over a continuous three-year period.)
Affordable, compliant, and fast – Free Debt Review Removal Assessment.
Table of Contents
What is Debt Review Removal?
Debt Review Removal is the legal process of clearing the ‘under debt review’ status from your credit reports. If you’re no longer over-indebted, or you’ve settled your debts, South African law allows for the removal of this listing. This can restore your financial freedom and enable you to access credit again.
This process is governed by the National Credit Act (NCA) and requires either:
- A clearance certificate issued by a debt counsellor (Section 71 of the NCA), or
- A court order to reject the debt review in terms of Section 87 of the National Credit Act, or
- A court order to rescind the debt review court order in terms of Section 165 of the National Credit Act.
When Does Debt Review Removal Apply?
You may qualify for Debt Review Removal if:
- You’ve completed all your debt repayments under the debt review.
- Your financial situation has improved and you’re no longer over-indebted.
- You were wrongly placed under debt review or never consented to it.
- The debt review process was never finalised in court (optional).
- Your debt counsellor is unreachable or failed to update your profile (optional).
According to Section 71 and 87 of the National Credit Act, debt review can be legally removed if the consumer is no longer over-indebted and/or has repaid all obligations in full.
Trusted Resource: For more information and legal help, visit NDRC’s Debt Review Removal Archives.
Proceed to check your eligibility and see which legal option applies to your situation.
Legal Ways to Remove Debt Review
Removal Method 1 – Clearance Certificate (Section 71)
If you’ve paid off all your debt obligations, you can apply for a Clearance Certificate under Section 71 of the National Credit Act.
When this applies
This method applies when:
- All debts listed under your debt review have been fully settled
- Your home loan or long-term credit agreement is up to date
- You have no arrears
Steps to follow:
- Request the certificate from your debt counsellor
- Ensure all accounts are settled and obtain proof (paid up and/or prescription letters)
- The debt counsellor will update the NCR debt help system and submit the clearance certificate to all registered and relevant credit bureaus and credit providers.
Once this is done, your credit report must reflect that you are no longer under debt review.
Removal Method 2 – Court Order / Rejection and Rescission (Section 87 & 165)
In cases where you are no longer over-indebted or your financial situation has changed, you can approach the court to reject the proposal declaring you over indebted or rescind your debt review status under Section 87 and/or 165 of the National Credit Act.
This usually requires an involvement of an experienced debt counsellor, specializing in debt review removal and legal representation from a debt review removal attorney in your area.
Flowchart Summary or Process to be Followed:
- The first step is to complete the application for debt review removal form. The client initiates the process by either booking an appointment or completing an online application form. The application form can either be filled out online or downloaded and submitted after completion.
- The second step is to assess your application. After receiving the application, it is thoroughly assessed to determine the likelihood of a successful debt review removal. This involves reviewing your current financial status, ability to service your current debt obligations, debt review history and other contributing factors.
- Once the application is deemed potentially successful, a legal pack is prepared. This involves gathering all necessary documentation from relevant stakeholders, which may include previous debt counsellors, credit providers, client and other legal entities.
- The complete application/legal pack, is then submitted to a court. The purpose is to obtain a court order declaring that you are no longer over-indebted.
- If the court finds the application valid and it meets all criteria, the order declaring you no longer over-indebted or rejection thereof of the previous application will be granted.
- Once the court order is granted, the documentation is submitted to the NCR for updates and verification.
- After the NCR updates their records to reflect your new status, they notify all credit bureaus of the change and request us to do the same.
- Your record from the bureaus will be updated within 21 business days after our submissions and the debt review listing will be successfully removed from your credit profile, thus restoring your creditworthiness.
- Attend the hearing (if required)
- If granted, notify all credit bureaus and creditors
This process is effective but typically more complex than obtaining a clearance certificate.
Open the Debt Review Removal Process Infographic Here
Removal Method 3: Misuse, Incorrect Listings & Complaints
If your profile was incorrectly marked as under debt review due to error, fraud, or a miscommunication you can lodge a formal complaint and request rectification.
This applies in situations where:
- You never applied for debt review.
- The listing was done without your consent.
Important: This route may take longer due to investigative and compliance steps, but it remains a valid and enforceable solution.
You can file a complaint with the National Credit Regulator here: NCR Complaints Form.
- Email the complaint form to dccomplaints@ncr.org.za
- Call 0860 627 627 to follow up.
Each of these methods is legally binding and can lead to the full removal of the debt review status when properly executed.
Documents Needed, Timeframes and Costs
Documents required to assess a debt review removal application.
- ID Copy
- Payslip or proof of income
- 3 Months Bank Statement
- Marriage Certificate if Married in-Community of Property or ANC contract if married out of community of property
- Proof of Address
- Complete NDRC Application Form
- Previous Debt Counsellor Documents (This will include but not limited to, application form & application documents, proposal, 17.w, 17.7, legal pack & court order if applicable).
Timeframes
- If your application falls under Section 86(7)(a) of the National Credit Act. This section deals with debt review rejections, the fee is typically R350 (VAT exclusive) & the debt review listing will be removed within 3-7 days after we have submitted for updates to the regulator, and credit bureaus will update within 21 business days.
- For debt review clearance certificates under Section 71, the fee is generally R450 (VAT exclusive). A clearance certificate will be issued immediately upon receipt of supporting documentation, and credit bureaus will update within 21 business days.
- If you’ve been declared overindebted by a debt counsellor in terms of Section 87 of the National Credit Act, the fee is R8550, which can be spread over 3-6 months with payments as low as R1425 per month.
- Section 165 NCA applications – The fees and timeline are the same as for Section 87.
Pricing
- Clearance Certificate – R450.00 vat exclusive.
- Removal Court Application – R8550.00 vat exclusive (can be spread over 3-6 months).
How Can you Apply for Debt Review Removal
Follow these simple steps: should you wish to apply for debt review removal with The National Debt Review Center:
1. Complete the Debt Review Removal Application Form
- Start by completing the application form provided by The National Debt Review Center. This form is essential to initiate the process.
2. Upload & Submit the Required Application Documents
- Along with your application, you’ll need to upload specific documents as requested. These documents are crucial for assessing your financial situation and determining your eligibility for debt review removal. If you don’t have the required form or the specific documents requested, you should contact your debt counsellor to request them. In cases where your debt counsellor refuses to provide the form, or if the debt counsellor is no longer practicing, you can directly contact The National Debt Review Center for assistance. In such situations, you can reach out to them at 0410125036 for guidance and to obtain the necessary forms and information needed to proceed with your application.
3. Ensure you can Afford the Legal Fees
- Before proceeding, make sure that you can afford the legal fees associated with the debt review removal process. These fees are part of the legal procedure necessary for the removal.
4. You Should Already be Making Direct Payments to Your Creditors
- Finally, ensure that you are already making direct payments to your creditors. This is an important requirement and demonstrates your commitment to managing your debts responsibly as well as your ability to afford such payments.
DEBT REVIEW REMOVAL FREQUENTLY ASKED QUESTIONS – ANSWERED!
The following are the most common questions about debt review removal or removing the debt review flag or debt review status. For more information, please contact us at removals@ndrc.org.za or phone 0410125036 or send a WhatsApp text to 0727703674.
- 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.
Can I apply for debt review removal if I have not finished paying my accounts?
- Yes, you can apply for debt review removal if you have not finished paying your accounts.
Can I apply for debt review removal if my debt review order was a consent order that was confirmed by the National Consumer Tribunal?
Yes – The Tribunal order is similar to the Magistrates Court Order. You can apply for debt review removal if your debt review application was made an order of the court.
Please ensure you contact your debt counsellor before you apply for debt review removal and find out if the court order was indeed granted. We also advise that you request your debt counsellor to provide you with the following documents.
- Initial Application Form (Form 16).
- Payslip used when applying.
- Withdrawal letter (17.W).
- Granted Court Order.
What are the required documents to submit when applying for debt review removal?
- Complete this Debt Review Removal Application form
- Form 16 from the previous Debt Counsellor.
- 17.W (Withdrawal letter) from the previous Debt Counsellor.
- Payslip used when applying for debt review and your recent payslip.
- ID Copy
- Marriage certificate (if applicable)
- Paid-up letters and recent statements for active accounts.
- Proof of address
- Court Order (if applicable)
How long does the debt review removal court application take?
- The debt review removal process takes 3 to 6 months to complete and longer if there are complications.
- Normally the debt review removal application will be in court within 60 business days and thereafter depends on the mercy of the courts.
- Once the matter is granted, the registered credit bureaus will also take a minimum of 20 business days to update your profile.
Should all of my accounts be paid in full when I apply for debt review removal?
- No – You only need to ensure that you can afford to pay your debt obligations out of debt review.
What are the other legal ways to remove your name from debt review?
- Pay up your accounts as per the debt review order and your debt counsellor will issue a clearance certificate and update all registered credit bureaus to update your credit profile accordingly.
- If the Debt Counsellor have not declared you overindebted (this normally happens after 5 business days) or moved your status from A – Application to C- Consumer declared overindebted. You can request the debt counsellor to withdraw your application and update the credit bureaus accordingly. The debt counsellor will request you to pay R350 vat excl for the application and administration fees.
- Apply for Debt Review Removal
How can I get a Clearance Certificate if I cannot locate my debt counsellor or the debt counsellor got deregistered?
- The first step is to check the registration status of the debt counsellor HERE or contact the National Credit Regulator on 0860627627
- You can also contact any registered credit bureau and request a free copy of your credit report. Locate the debt review listing and you will be able to see your debt counsellor and their contact details.
- If you have exhausted all of the above options and still get no luck, you can contact us on 0410125036 and we will issue your clearance certificate.
Find more information about the debt review clearance certificate and application forms HERE.
Can I get my name removed from Debt Review without an attorney or debt counsellor?
- Self-representation is allowed for a consumer to represent himself or herself in court. However, the formalities of making an application are best understood by the professionals, and mistakes in the application can result in the dismissal of the application or postponements that can readily be avoided occurring.
Do I need to be present in court for my debt review removal application?
- The consumer does not have to be present in court.
The consumer must facilitate the process where required, typically by providing required information and documentation.
How long does debt review removal take?
Realistically, the debt review cancellation process can never take less than 2 months.
- Firstly, the court application must be prepared and a court date must be obtained.
- The court date is never likely to be less than 2 weeks away, as the court application must be served on the debt counsellor and the creditors.
- Furthermore, the allocation of a court date depends on the caseload that the court has before it already.
- Thereafter, once the court order is obtained, the debt review signifier must be removed from the consumer’s credit reports and from the NCR’s database.
This takes a minimum of 20 business days as per the National Credit Act 34 of 2005.
Can I cancel my Debt Review and continue to pay directly the reduced installment to my creditors.
- The application to terminate a debt review depends on the consumer’s ability to show he or she is no longer over-indebted.
- If the consumer cannot afford to increase the debt review repayment amounts, preferably to the amounts that they were paying before commencing with the debt review process, it is highly unlikely that the application shall succeed unless the creditors have indicated acceptance of such reduced payments.
Can I remove debt review myself?
- 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.
- A credit provider can terminate the debt review process if you fail to meet the agreed-upon terms, such as missing payments. They have the right to issue a Section 86(10) notice, withdrawing from the debt review and proceeding with legal action to recover the debt.
- No, being under debt review is not a criminal record. It is a legal process aimed at helping individuals manage their debts more effectively. However, it does affect your credit record and your ability to access further credit while under review.
- Yes, once you have been removed from debt review you can apply for credit again. However, the decision to grant a loan will depend on your credit score and financial situation at the time of application.
- The debt review flag remains on your credit profile until you have completed the debt review process or have obtained an order declaring you no longer overindebted. Once this certificate or order is issued, credit bureaus are required to remove the debt review flag from your credit profile, typically within 21 days
Can I remove my name under debt review if have not finished paying my debt?
- Yes, it is possible to remove your name from under debt review even if you have not finished paying your debt. However, this process requires specific conditions to be met and it’s important to approach it with professional guidance from The National Debt Review Center.
- You can only remove your debt review status by yourself without paying anyone, but you’ll need to handle your own court case and get all the necessary papers. This means you’ll have to understand the court process and make sure you collect all the right documents from the right people.
How do I get my name removed from debt review?
- The client initiates the process by either booking an appointment or completing an online application form. The application form can either be filled out online or downloaded and submitted after completion.
How long does it take to be Removed from Debt Review in South Africa?
- Debt review rejections can typically be resolved within 3-7 days, with credit bureaus updating their records within 21 business days.
- Debt review clearance certificates are generally issued immediately upon receipt of all required documentation, and credit bureaus will update their records within 21 business days.
- For cases involving debt review declarations of over indebtedness or court orders, the removal process can take 3-6 months, with payments spread over that period.
These are general estimates, and the actual timeline may vary depending on individual circumstances and the efficiency of the involved parties.
When can you apply to cancel Debt Review?
- If you’ve paid off all your debts (except possibly a home loan) – In this case, we can apply for a court order confirming you’re no longer over-indebted. Once granted, the credit bureaus will remove the debt review flag from your record.
- If your financial situation has improved – If you can now afford your original monthly instalments without assistance, we can approach the court to cancel the debt review on this basis. You’ll need to prove that you’re able to manage your debt on your own.
It’s important to note: simply stopping payments doesn’t cancel debt review. A legal process must be followed to ensure your credit profile is correctly updated.
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By The National Debt Review Center discussing Debt Review Removal in South Africa.
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Debt Review Removal – Legal Framework
Why do we assist with Debt Review Removal
Our commitment at The National Debt Review Center is to empower South Africans by assisting with the removal of debt review. This service is crucial for those who have completed the debt review process or are no longer over-indebted or were mislead to joining debt review and are seeking to rebuild their creditworthiness and regain access to credit. Our role in this process is not just about removing debt review status; it’s also about contributing positively to the financial independence and stability of individuals.
Moreover, our work is significant in addressing issues within the debt review industry, especially those caused by unscrupulous debt counsellors. Unfortunately, there have been cases where consumers were incorrectly placed under debt review, sometimes under the misconception that it was a savings plan or a form of a debt consolidation loan or consolidation savings plan. Such inaccuracies and misinformation have led to consumers getting wrongfully listed under debt review, which also resulted to eroding trust in the debt review process.
By offering transparent, ethical, and efficient services for debt review removal, we will not only help consumers correct their financial status but also play a part in improving the standards of the debt review industry in South Africa.
This effort to rectify industry malpractices is vital for restoring confidence in the debt review process and supports both consumers seeking financial relief and dedicated debt counsellors who uphold high standards of professionalism and ethics. Our dedication to these objectives underscores our commitment to protecting consumer interests and maintaining the integrity of the debt counselling sector in South Africa
Every South African Consumer have a Right to Terminate Debt Review
If you are no longer over-indebted and you want to remove the debt review flag from your credit reports, you are able to cancel the debt review process. The National Credit Act 34 of 2005 does not set out how to cancel the debt review process, if you have not settled all the accounts. Before 2015, consumers could withdraw from debt review voluntarily without a court application. This was made possible by the debt counsellor issuing a Form 17.4, at the consumer’s request to cancel the debt review. However, the Form 17.4 is no longer applicable.
In 2015, the National Credit Regulator (“the NCR”) published Withdrawal from Debt Review Guidelines (Circular 002/2015) that acknowledged that the application of this voluntary withdrawal process was overturned by the judgment granted in the case of Rougier v Nedbank (27333/2010) [2013] ZAGPJHC 119 (28 May 2013). In Rougier v Nedbank, the court held that a debt counsellor does not have the statutory power to terminate and withdraw the debt review process. In response, the NCR’s Circular 002/2015 was published to detail the court application process that you must follow to withdraw and remove the debt review flag if you still have outstanding accounts and you are not entitled to a clearance certificate in terms of section 71 of the NCA.
In 2019, the full bench High Court decision of Van Vuuren v Roets and Others (37407/2018) [2019] ZAGPJHC 286; [2019] 4 All SA 583 (GJ); 2019 (6) SA 506 (GJ) (3 September 2019) (“Van Vuuren Judgment”) further cemented the necessity for consumers who are not over-indebted, to apply to court to cancel debt review. The NCR responded in 2021 by publishing the Withdrawal from Debt Review Guidelines (Circular 001/2021) that considered the debt review termination process in light of the Van Vuuren Judgment. In practice, the Van Vuuren Judgment has impacted mostly on consumers with debt review court orders, and now some courts no longer rescind debt review court orders. Where the debt review is not subject to a court order, the courts generally accept that the Van Vuuren Judgment is not applicable.
Hence, if you are no longer over-indebted as detailed above, the debt counselling process can be cancelled and the debt review flag can be removed from your credit reports. Circumstances change and consumers may find debt review is not working for them or it is just not necessary anymore. This entails the rescission of the court order that enforces the debt review, or where a court order is not in place, the consumer can apply to be declared to be no longer over-indebted. The credit bureau therefore adhere to the National Credit Regulator’s Withdrawal from Debt Review Guidelines which essentially only provide for the following options to withdraw from the debt review process:
- The consumer has withdrawn from the debt review process prior to the issuance of Form 17.2;
- The debt counsellor has suspended provision of service due to non-cooperation by the consumer but the debt counsellor remains the debt counsellor on record;
- The consumer has obtained a court order to rescind the debt review order;
- The consumer has obtained a court order declaring the consumer no longer over-indebted.
How Does Debt Review Affect your Right to Apply for Credit
The most common reason to seek to exit debt review, is that the debt review has the effect of preventing you from exercising your right to apply for credit. Debt review essentially freezes your rights to contract on credit, even if it does prevent creditors from suing you whilst under debt review. The freeze endures until the conditions stipulated in section 88(1) or (2) of the National Credit Act 34 of 2005 occur. These are the primary debt review exit requirements and these sections read as follows:
Section 88 of the National Credit Act: Effect of debt review or re-arrangement order or agreement
(1) A consumer who has filed an application in terms of section 86 (1), or who has alleged in court that the consumer is over-indebted, must not incur any further charges under a credit facility or enter into any further credit agreement, other than a consolidation agreement, with any credit provider until one of the following events has occurred:
(a) The debt counsellor rejects the application and the prescribed time period for direct filing in terms of section 86 (9) has expired without the consumer having so applied;
(b) the court has determined that the consumer is not over-indebted, or has rejected a debt counsellor’s proposal or the consumer’s application; or
(c) a court having made an order and the consumer and credit providers having made an agreement re-arranging the consumer’s obligations, all the consumer’s obligations under the credit agreements as re-arranged are fulfilled, unless the consumer fulfilled the obligations by way of a consolidation agreement.
(2) If a consumer fulfils obligations by way of a consolidation agreement as contemplated in subsection (1) (c), or this subsection, the effect of subsection (1) continues until the consumer fulfils all the obligations under the consolidation agreement, unless the consumer again fulfilled the obligations by way of a consolidation agreement.”
Hence, where no order of debt rearrangement has been made, you can exit debt review by presenting the initial debt restructuring proposal to the Magistrate, together with additional information on your improved financial circumstances. In terms of section 87(1) of the National Credit Act 34 of 2005, the Magistrate must then “conduct a hearing and having regard to the proposal and information before it and the consumer’s financial means prospects and obligations” and decide whether to reject the recommendation or otherwise. If the facts show that you are not over-indebted, the Magistrate must, logically, reject the proposal because, in terms of section 79 read with section 88(i)(b) of the National Credit Act 34 of 2005 you are not over-indebted.
Section 71 of the National Credit Act 34 of 2005 is also another provision that regulates how you can exit debt review. This section provides as follows:
Removal of record of debt adjustment or judgment
(i) A consumer whose debts have been re-arranged in terms of Part D of this Chapter, must be issued with a clearance certificate by a debt counsellor within seven days after the consumer has-
(a) satisfied all the obligations under every credit agreement that was subject to that debt re-arrangement order or agreement, in accordance with that order or agreement; or
(b) demonstrated- (i) financial ability to satisfy the future obligations in terms of the re-arrangement order or agreement under- (aa) a mortgage agreement which secures a credit agreement for the purchase or improvement of immovable property; or (bb) any other long term agreement as may be prescribed; (ii) that there are no arrears on the re-arranged agreements contemplated in subparagraph (i); and (iii) that all obligations under every credit agreement included in the re-arrangement order or agreement, other than those contemplated in subparagraph (i), have been settled in full.
(2) If a debt counsellor decides not to issue or fails to issue a clearance certificate as contemplated in subsection (1), the consumer may apply to the Tribunal to review that decision, and if the Tribunal is satisfied that the consumer is entitled to the certificate in terms of subsection (1), the Tribunal may order the debt counsellor to issue a clearance certificate to the consumer.
(3) (a) A debt counsellor must within seven days after the issuance of the clearance certificate, file a certified copy of that certificate, with the national register established in terms of section 69 of this Act and all registered credit bureaux.
(b) If the debt counsellor fails to file a certified copy of a clearance certificate as contemplated in subsection (1), a consumer may file a certified copy of such certificate with the National Credit Regulator and lodge a complaint against such debt counsellor with the National Credit Regulator.
(4) Upon receiving a copy of a clearance certificate, a credit bureau, or the national credit register, must expunge from its records- (a) the fact that the consumer was subject to the relevant debt re-arrangement order or agreement; (b) any information relating to any default by the consumer that may have- (i) precipitated the debt re-arrangement; or (ii) been considered in making the debt re-arrangement order or agreement; and (c) any record that a particular credit agreement was subject to the relevant debt re-arrangement order or agreement.
(5) Upon receiving a copy of a court order rescinding any judgment, a credit bureau must expunge from its records all information relating to that judgment.
In summary, section 71 therefore requires that a debt counsellor, under the stipulated conditions, may issue a clearance certificate. If the debt counsellor fails to give a clearance certificate, you can lodge a complaint with the National Consumer Tribunal.
Given the above, it is evident that the process to remove a debt review notice listing from your credit reports essentially depends on the status of the accounts that were included in your debt review, that is, whether you still have outstanding accounts or whether you settled all the accounts other than a home loan.
Where the accounts under debt review have not been settled
If your debt review is subject to a court order, then you must make, an application to set aside or rescind the debt review order. If there is no court order and you still have outstanding accounts, you must make a court application to withdraw the debt review process. Once the debt review order is rescinded or the court has withdrawn the debt review process, you can resume direct payments to the creditors and you are free to negotiate directly for new payment arrangements. In some instances, accounts may not have been paid for a continuous period of 3 years and the creditor has not issued summons or taken judgment for this account. Such an account is deemed to have prescribed and does not have to be repaid. Should you have any prescribed accounts, then the court application shall detail this.
Creditors may refuse to negotiate directly until the debt review process is withdrawn or set aside by the court. Your court application must therefore show that you are financially able to pay the original contractual amounts on your accounts. The reason is that creditors have the right to demand these amounts once the debt review is terminated by the court. However, if you are already paying the creditors’ directly, then the creditors are likely to accept the same payment arrangements.
Once the court application to withdraw the debt review is granted, the court order and entire court application is submitted to the National Credit Regulator (NCR) for verification. If satisfied with the validity of the submitted documents, the NCR then updates your status to GI/G which results in the ensuing removal of the debt review flag from your credit reports that are held by the various credit bureau. Generally, the NCR verification process takes 7 – 20 business days to complete. Albeit that the ensuing credit bureau update ought to occur automatically after the NCR’s update, we still advise that you obtain your latest credit reports to verify same once we have provided you with the NCR’s written update confirmation.
Debt Review Removal process followed where all the debt review accounts (excluding a home loan) are paid up or written off due to prescription.
Section 71 of the Act pertains to the issuance of a clearance certificate. For a clearance certificate to be issued, all the accounts that were included in the debt review (other than a home loan) must be settled. The issuance of the clearance certificate results in the removal of the debt review flag from the consumer’s credit report.
Should a debt counsellor decide not to issue or fails to issue a clearance certificate, the consumer can apply to the National Consumer Tribunal to review the debt counsellor’s decision not to, or failure to, issue the clearance certificate. If the Tribunal is satisfied that the consumer is entitled to the clearance certificate, the Tribunal may order the debt counsellor to issue a clearance certificate to the consumer.
In Andrew Lloyd Govender v Sebastien Alarik Alexanderson NCT/193156/2021/141(1)(b), it was held that the Applicant’s request for a clearance certificate to be issued is unwarranted since section 71(3) of the NCA only allows the Tribunal to order the debt counsellor to issue a clearance certificate if the Tribunal is satisfied that the consumer is entitled to the certificate in terms of section (2)(b)(i). In terms of this section, the requirement would be that the consumer has satisfied all the obligations under all the credit agreements that were subject to the debt re-arrangement. In this case, the Applicant still has three accounts which need to be settled.
Further, the debt counsellor is obliged to file a certified copy of the clearance certificate with the national register of credit agreements and all registered credit bureau within seven days after issuance of the clearance certificate. Where a debt counsellor fails to file a certified copy of a clearance certificate, the consumer may file a certified copy of the clearance certificate with the National Credit Regulator and the consumer may also lodge a complaint against the debt counsellor with the National Credit Regulator. It is important to note that prior to the National Credit Amendment Act, the debt counsellor was not obliged to submit the clearance certificate to the national register and to the credit bureau.
In practice, a person who qualifies for a clearance certificate would obtain the clearance certificate from the debt counsellor and present it to the credit bureaus. Upon receipt of a copy of a clearance certificate, a credit bureau, or the national credit register, must expunge from its records:
(a) the fact that the consumer was subject to the relevant debt re-arrangement order or agreement;
(b) any information relating to any default by the consumer that may have –
(i) precipitated the debt re-arrangement; or
(ii) been considered in making the debt re-arrangement order or agreement; and
(c) any record that a particular credit agreement was subject to the relevant debt re-arrangement order or agreement.
Key Insights & Terminology on Debt Review Removal
This section provides detailed explanations on specific, important aspects, keywords and terminology about debt review removal in South Africa.
Keyword | Detailed explanation |
---|---|
NCR Debt Review Removal | Refers to Companies or Debt Counsellors listed under The National Credit Regulator (NCR) that assist with debt review removal in South Africa. |
Debt Review Removal Companies | Refers to several companies or debt review removal attorneys that specialize in assisting individuals with the removal of debt review status. These companies work with clients to navigate the legal and administrative processes involved, ensuring compliance with the National Credit Act and relevant regulations. The best rated debt review removal company in South Africa thus far is The National Debt Review Center See more information |
Clear Debt Review | To clear your debt review means that you must complete all payments under your restructured debt plan and then obtain a clearance certificate. This certificate is essential for formally exiting the debt review process and clearing your credit record. Alternatively you can apply for a court order declaring you no longer overindebted with The National Debt Review Center. |
NCR Debt Review Removal Contact Details | For specific inquiries or assistance with debt review removal, contacting the National Credit Regulator directly on 0860627627 is advisable. They provide guidance and can address any concerns related to the debt review process. Alternatively you can contact The National Debt Review Center on 0410125036 for all debt review removal related queries and advice. |
Remove from Debt Review | Refers to removing yourself from debt review. This can involve completing your payment obligations and obtaining a clearance certificate or applying for a court order to be declared no longer over-indebted. It’s a process that requires coordination with your debt counsellor and possibly legal assistance. |
Cancel Debt Review | To cancel your debt review means that you no longer wish to undergo debt counselling or to be with a specific debt review company. You might be managing to service your debt independently without the intervention of a debt counsellor. |
Remove Debt Review Flag | The debt review flag on your credit report indicates that you are under debt review. Removing this flag involves completing the debt review process and ensuring that credit bureaus update your credit record accordingly. |
ITC Debt Review Removal | Removal of debt review status from ITC (a credit bureau) requires a clearance certificate indicating that all restructured debts have been paid. Once submitted, ITC should update your credit record to reflect your new status. |
Remove My Name from Debt Review | To remove your name from debt review, complete the online application for debt review removal with The National Debt Review Center. This is key to formally exiting the debt review process. |
Clear My Name from Debt Review | Clearing your name from debt review requires fulfilling all the obligations of your debt repayment plan and obtaining the necessary documentation, such as a clearance certificate, to prove that you have successfully completed the process or an order confirming that you are no longer over indebted. |
Best Debt Review Removal Companies | There are several reputable companies that specialize in debt review removal. These companies offer expertise in dealing with credit bureaus, creditors, and legal requirements to efficiently clear your debt review status. Obviously we will recommend NDRC based on reviews and guaranteed timeframe. |
Debt Review Removal Form | The debt review removal process may require specific forms, such as a this online application for debt review removal form. These forms are typically obtained from your debt counsellor or the National Debt Review Center and help to assess your debt review removal application for eligibility |
Debt Review Removal Process | The debt review removal process involves several steps. The National Debt Review Center, clearly show the process on their website and an infographic to educate the users about the process from start until finish. Visit their website to learn more about the debt review removal process. |
Debt Review Removal Reviews | Refers to previous customer ratings and reviews which serves as crucial feedback or guidance on how you will be treated. When considering debt review removal services, it’s beneficial to look at reviews and testimonials from clients who have used such services. This can provide insight into the effectiveness and reliability of different companies. |
Remove Debt Review Online | Refers to a paperless debt review removal application without the need of printing our papers and in person visits. Some aspects of the debt review removal process may be conducted online, such as completing the debt review removal application, uploading the requested documentation or using the debt review removal app from The National Debt Review Center. |
I Want to Remove My Name from Debt Review | To remove your name from debt review, you will have to follow the formal debt review removal application process, which includes completing your debt review removal form. Your application will be assessed and assigned to a qualified professional who will advise further. |
Implications of Cancelling Debt Review | Cancelling debt review means losing the legal protection against creditors, who may then proceed with legal action for debt recovery. Exiting debt review before clearing your debts can negatively impact your credit score, making it harder to obtain credit in the future. Without the structured repayment plan, you may find it challenging to keep up with debt payments, leading to potential financial strain. |
Useful External Resources on Debt Review and Credit Regulation
To help you better understand the legal and regulatory framework around debt review removal in South Africa, here are some authoritative resources and official guidelines.
- The National Credit Regulator (NCR) — The NCR is the statutory body overseeing debt counselling, credit providers, and the debt review removal process in South Africa. It ensures compliance with the National Credit Act and protects consumer rights.
- Debt Counsellor Guidelines by NCR — These guidelines outline the duties of registered debt counsellors and explain how consumers can legally exit debt review under the National Credit Act.
- The National Credit Act – Section 87 — Legal framework governing debt review removal (see page 120 onwards).-
- Credit Ombud South Africa — An independent body resolving disputes between consumers and credit providers or debt counsellors. Ideal for mediation before considering litigation or complaints to regulators.
- National Consumer Tribunal (NCT) – The NCT is an independent adjudicative body established under the National Credit Act. It handles various credit-related matters, including compliance orders, consent orders, and most importantly — applications for debt review removal, especially when:
- A consumer was placed under debt review without proper process
- There’s no magistrate’s court order in place
- An error or omission needs to be corrected (typically under Section 165)
For many South Africans, the NCT provides a quicker and more affordable route than court for resolving certain debt review removal cases.
You can check your credit report to confirm if you are still flagged under debt review.
Common Misconceptions about Cancelling Debt Review
Misconception | Truth |
---|---|
All of your accounts must be paid in full. | If your financial situation improves to the point where you can resume original monthly payments to creditors, you are eligible to apply to the court for debt review removal. It’s considered unjust and contrary to the National Credit Act (NCA) to remain under debt review once you’re no longer over-indebted. The NCA (Act 34 of 2005) primarily serves to protect consumers and facilitate their financial rehabilitation. |
No debt review court order was issued by my previous debt counsellor, therefore I do not need to apply to court to cancel my debt review listing. | As detailed in the National Credit Regulator’s Removal from Debt Review Guidelines, the termination of the debt review process is only possible if you apply to court to rescind the debt review order if one was obtained, or for a determination that you are no longer over-indebted. These are the only two circumstances in which a Form 17.W can be issued that results in the removal of the debt review signifier from a credit report. If you have paid up all the accounts that are under debt review then neither of the two circumstances shall apply, as you are then entitled to a clearance certificate that your debt counsellor must issue. You may also obtain a clearance certificate if you only have a bond account outstanding and it is up to date. If you have any other account outstanding, you must show by court application, that you can afford to pay the account and that you are not over-indebted. |
I am able to cancel debt review and maintain the reduced instalment payments. | The application to terminate debt review depends on your ability to show you are no longer over-indebted. If you cannot afford to increase the debt review repayment amounts, preferably to the amounts that they were paying before commencing with the debt review process, it is highly unlikely that the application shall succeed unless the creditors have indicated acceptance of such reduced payments. |
These are misperceptions or misconceptions most people tend to believe to be true about debt review removal. | These are explanations to some of the most common misunderstandings about the debt review cancellation process. |
Watch the Video to learn more about how to Remove or Exit Debt Review.
Book a Free Consultation with our Debt Review Removal Expert
Not sure how you were listed under debt review in the first place? Understand what debt review is and how it starts.
Scam Alert! Debt Review Removal Scams – Beware
See latest update regarding debt review removal scams from the National Credit Regulator!
Beware and always stay vigilant with your financial affairs.
- The National Credit Regulator has noticed that some companies and individuals are charging consumers exorbitant fees up to R10,000 for “debt review removal” services, falsely promising to clear their debt review statuses from credit bureaus, but often fail to deliver.
- These companies aren’t registered with the National Credit Regulator, and when they fail to deliver, consumers are left with no way to get help or their money back.
- The National Credit Act prohibits UPFRONT PAYMENTS for debt review removal. Service providers cannot charge consumers until the services are fully completed and must provide a detailed disclosure statement in a prescribed format.
- Consumers are advised to be vigilant and exercise caution when dealing with companies or individuals who request UPFRONT FEES for “debt review removal services” WITHOUT PROVIDING FULL DISCLOSURE of fees and payment terms.
- Consumers are requested to report any businesses or individuals offering such services, in violation of the Act, to the NCR: complaints@ncr.org.za, tvandergrijp@ncr.org.za, call 0860 627 627 or 011 554 2817.
- Companies and individuals that conduct such service must comply with these provisions or abandon such services with immediate effect.
Beware of impostors pretending to be The National Debt Review Center!
- Verify the website’s authenticity. – (If its not or from ndrc.org.za then that is not The National Debt Review Center)
- Double-check official contact details. (We will only call from 0410125036/7/8 or 0878221249 or WhatsApp with 0727703674)
- Don’t share personal info with unknown callers.
- Report any suspicious activity immediately.
Common Debt Review Removal Scam Tactics Include
- Misleading claims about “Free Debt Review Removal” that result in hidden fees or bait-and-switch tactics.
- Impostors pretending to be NDRC representatives.
- Promises of instant debt review clearance with “inside connections”
- No physical office address or trackable business registration.
- Using WhatsApp or Facebook Messenger as the only form of contact.
- High-pressure tactics demanding full payment upfront.
- Refusal to provide a written contract or invoice with a business account number and details.
We have become aware of fraudulent activity involving individuals posing as representatives of The National Debt Review Center and instructing clients to make payments into unauthorized bank accounts.
We want to make it clear:
- All official communications and payment instructions come directly from our verified business channels.
- We do not request personal payments, loans, or make informal promises about case outcomes.
- Any request for payment into a personal or unverified business account is fraudulent.
If you have received suspicious messages or payment requests:
- Do not make any payments.
- Report the matter to us immediately. (Email complaints@ndrc.org.za)
We are actively working with the South African Police Service and encourage anyone affected to come forward. The use of our name or branding to mislead the public is a serious offence and will be prosecuted to the full extent of the law.
All official information will always be available on this verified website and social platforms.
We only use legally recognized legal processes under Section 71, 87, and 165 of the National Credit Act, and all services are rendered after a free assessment and with a full disclosure of fees.
Legal & Regulatory Compliance
This debt review removal service is facilitated by a registered debt counsellor (NCR Registration Number: NCRDC3106) in compliance with the National Credit Act of South Africa.
We work alongside a network of independently registered legal professionals and reputable law firms across South Africa — all of whom are fully registered and recognized by the Legal Practice Council.
To verify the credentials and current registration status of the debt counsellor, clients may visit the official NCR Register of Registrants.