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    Can my debt counsellor cancel my debt review themselves?

    No. The Rougier v Nedbank judgment confirmed that a debt counsellor does not have the statutory power to terminate or withdraw the debt review process.

    A debt counsellor may only issue a clearance certificate under section 71 if all accounts (other than a qualifying home loan) are settled. Otherwise, a court application is required.

    The NCR's Withdrawal from Debt Review Guidelines (Circular 001/2021) confirm that Form 17.W can only be issued where the consumer withdrew before Form 17.2 was issued, or where a court has rescinded the debt review order, or where a court has declared the consumer no longer over-indebted.

    Expert Answer

    Provided by NCR-registered debt counsellors (NCRDC3106)

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