No, you cannot cancel debt review yourself by writing a letter to your debt counsellor, stopping payments, or instructing creditors to deal with you directly. Once debt review is formally in place, meaning Form 17.2 has been issued and credit providers have been notified, it can only be ended through specific legal processes.
The case of Rougier v Nedbank (27333/2010) [2013] ZAGPJHC 119 (28 May 2013) settled this position. The South Gauteng High Court held that a debt counsellor does not have statutory power to terminate or withdraw debt review. This led directly to the NCR publishing its Withdrawal from Debt Review Guidelines (Circular 002/2015), which replaced the old Form 17.4 voluntary withdrawal process.
The NCR's current guidelines (Circular 001/2021), updated following Van Vuuren v Roets (37407/2018) [2019] ZAGPJHC 286, recognise only the following valid withdrawal routes:
• Withdrawal before Form 17.2 was issued, meaning before credit providers were formally notified.
• Debt counsellor suspension of service due to non-cooperation. This does not remove the flag; the debt counsellor remains on record.
• Court order rescinding the debt review order (Section 165).
• Court order declaring consumer no longer over-indebted (Section 87).
• Clearance certificate following settlement of all accounts (Section 71).
What happens if you simply stop paying and walk away from debt review? The debt review flag remains on your credit profile indefinitely. Creditors regain the right to take legal action. Your credit score worsens. You remain listed as under debt review and cannot apply for new credit.
Call NDRC on 041 012 5036 or complete a free assessment at ndrc.org.za for advice on the correct legal exit route for your situation.