Debt Review Removal
Debt Review Removal Process is a legal process that is governed by Section 87(1)(a) of the National Credit Act 34 of 2005. This process is aimed to assist previously registered debt review clients that are no longer over-indebted and can manage to maintain their debt repayments.
The Debt Review Removal Process as mentioned above is a legal process and you will need an excellent team of experts to get the debt review listing removed from your credit profile.
The first step to take when you want to terminate the debt review process and to have the debt review listing removed from your credit profile is to contact a Registered Debt Counsellor. The Debt Counsellor (after receiving all required documentation) will evaluate the state of your indebtedness, make certain recommendations and refer your application to a registered attorney for legal preparation.
The attorney will assist with legal preparation, and legal representation and ensure that all affidavits are signed, case number, and a court date is obtained. (YES – YOU DO NOT NEED TO BE PRESENT IN COURT our legal team will act on your behalf).
Thereafter the Magistrate will decide and if the listing is granted in your favor, the debt review listing will be removed from your credit profile and you will be able to obtain new credit.
Should you wish to terminate the debt review process, please complete the online form below. This will allow us to do a proper assessment and advise further. Also, note that the initial assessment is FREE and there are no upfront fees.
Debt Review Removal Application Form
Wait for the form to load or DOWNLOAD it HERE
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.
Most frequent questions about Debt Review Removal.
In this section, The National Debt Review Center provides answers to questions that we frequently receive from potential and existing clients with regards to getting their names removed from debt review or debt counselling, as well as any other debt-related topics. For further information, please contact us at removals@ndrc.org.za or phone 0878221249.
Can I apply for debt review removal if my debt review order was a consent order that was confirmed by the National Consumer Tribunal?
No – The Tribunal order is similar to the Magistrates Court Order. You cannot 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)
How long does the debt review removal 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.
Can I apply for debt review removal if I have not finished paying my accounts?
Yes, and No, this entirely depends on your current debt review application. If an order for debt review was granted and the court confirmed that you are overindebted, then you will not be eligible for debt review removal. A debt counsellor will reject your debt review removal application advise that you contact your current debt counsellor for a clearance certificate.
If we have assessed and discovered that there is no court order in place and you meet the criteria for debt review removal. The debt counsellor will then begin with the debt review removal process as stipulated in The National Credit Act.
In terms of the new National Credit Amendment Act 14 of 2014 which became effective on the 13th of March 2015, the clearance certificate can also be provided where there is an outstanding mortgage/bond agreement and all other debts have been paid up and closed.
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
How much does it cost to remove debt review?
Debt review removal fees differ because they are not set or regulated as per the debt review fee structure.
Some law firms and debt counsellors charge from R4000.00 to R12 000.00.
Our fee is set to R6000.00 with an option to pay over 2/3 months.
Debt Review Withdrawal Guidelines 2021
The National Credit Act 34 of 2005 (NCA) introduced debt review as a debt relief measure for
over-indebted consumers. However, the provisions to withdraw from this process by the consumer or
debt counsellor (DC) is not speci ed in the NCA.
To provide a solution for consumers whose financial circumstances have improved whilst under debt
review to revert to contractual payments, in 2011 the credit industry implemented a voluntary Form 17.4
withdrawal process which was subsequently replaced on 19 February 2015 by the Withdrawal Guidelines
002 of 2015 issued by the National Credit Regulator (NCR). Since the implementation of the NCR withdrawal
guidelines in 2015, legal clarity has been obtained through the High Court, which necessitated a review of
the NCR Withdrawal Guidelines 002 of 2015.
Final legal clarity was obtained in the full bench High Court matter: 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”) which judgment provided clarity on whether a consumer under debt review whose financial circumstance has improved can withdraw from debt review in absence of a clearance certificate.
Following an intensive review process of the Van Vuuren judgment and its impact on the Withdrawal
Guidelines 002 of 2015 by the Credit Industry Forum(CIF), the NCR is pleased to announce that the paper
developed by the CIF has been signed and is issued as guidelines to be applied by all industry
participants. These guidelines will replace all previous Withdrawal Guidelines from the date of issue and
publication. Please take note that the NCA, its regulations, or case law will take precedence over provisions
made in these guidelines and will where necessary be amended.
All credit providers, credit bureaus, and debt counsellors are requested to comply with the current legal
framework and prevailing case law within which these guidelines are established from. Non-compliance
with these guidelines should be reported to the NCR.
Debt Review Removal Process.
The below infographic illustrates the debt review removal process from the initial step until the order is granted.
Debt Review Removal Process
10 Step process to get the debt review listing removed.
- The consumer contacts The National Debt Review Center, complete the free online form HERE, and submit all required application documents.
- A Registered Debt Counsellor will then contact the consumer and conduct an overindebted assessment to evaluate the consumer’s state of indebtedness as well as explain the process.
- After evaluating the consumer’s application, the debt counsellor will make certain recommendations and send legal notifications to all client creditors.
- Creditors will then respond with updated balances and paid-up letters.
- The consumer will start to pay the premium.
- The file will be referred to legal for legal preparation. (You will be contacted and requested to come in for signatures)
- Court documents are created and our legal team will contact the consumer.
- Once all court documents are signed by all relevant parties (consumer, debt counsellor, and attorney), the matter will be referred to a Magistrate Court near you.
- The Magistrate will then decide.
- If the matter is granted in your favor. The Debt Counsellor will update the NCR debt help system and notify all registered credit bureaus that you are no longer under debt review.
Should all of my accounts be paid in full when I apply for debt review removal?
No – You only need to ensure that there is no debt review court order in place and 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
Debt Review must and can be canceled by the consumer or by the Debt Counsellor.
In the case of Rougier v Nedbank, 27333/2010 (South Gauteng High Court), the court held that any act by a debt counsellor to terminate or withdraw debt review is beyond the statutory powers of a debt counsellor as espoused in the Act, and therefore the conduct is prohibited.
This decision led to the issuance of the NCR’s Withdrawal from Debt Review Guidelines on 25 February 2016. Prior to this date, consumers could request the issuance of a Form 17.4 from their debt counsellor, or the debt counsellor would issue the Form 17.4 of their own accord.
The issuance of the Form 17.4 did result in the voluntary cancellation of the debt review process by the consumer or the debt counsellor.
As a result of the Rougier v Nedbank decision, the Form 17.4 has been replaced by the Form 17.W. This form only caters for termination of debt review under the following circumstances:
The consumer has withdrawn from the debt review process prior to issuance of Form 17.2 and the credit bureaus have been updated accordingly via the NCR Debt Help System.
- The debt counsellor has suspended the provision of service due to non-cooperation by the consumer.
- The debt counsellor remains the debt counsellor on record.
- The consumer has obtained a court order to rescind the debt review order.
- Credit bureaus have been updated via the NCR Debt Help System.
- The consumer has obtained a court order declaring the consumer no longer over-indebted.
- Credit bureaus have been updated via the NCR Debt Help System.
Only points a, c and d would result in the termination of the debt review process and the removal of the debt review signifier from the consumer’s credit reports.
Thus, once the Form 17.2 has been issued and it is detailed that a consumer’s debt review application has been accepted, this shall be noted on the consumer’s credit report.
Unless all the accounts are paid up or the consumer becomes entitled to a clearance certificate, the only way to terminate the debt review process, according to the NCR’s Withdrawal from Debt Review Guidelines, is to apply to a court for either the rescission of the debt review order if one was obtained or for a determination that the consumer is no longer over-indebted.
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 and we will issue your clearance certificate.
The process is similar to the debt review application because we will be taking over from the previous debt counsellor.
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.
Once Debt Review is terminated, creditors cannot take legal action to recover debts.
Section 88 (3), provides that a creditor may not take legal action to enforce a credit agreement if the consumer has already applied for debt review and the application has been accepted and the consumer has been declared over-indebted.
This provision only applies while the consumer is under debt review.
As soon as the consumer’s debt review is terminated, creditors have the right to take legal action to enforce a credit agreement that was previously subject to debt review, typically calling upon the consumer to settle any arrears that may have accumulated on the account and reverting to the original initial contractual repayment amount.
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