Back to Legal Framework
    Legal Framework

    Can my debt counsellor withdraw me from debt review?

    No. A debt counsellor cannot unilaterally withdraw a consumer from debt review. The NCR's Withdrawal from Debt Review Guidelines (Circular 001/2021, paragraph 7) make clear that the National Credit Act does not give debt counsellors a statutory power to terminate the debt review on the consumer's behalf.

    The only recognised exit routes are: a consumer-initiated withdrawal using Form 17.W before Form 17.2 has been issued; a Clearance Certificate under Section 71 once accounts are settled; a Magistrate's Court finding under Section 87 that the consumer is no longer over-indebted; or a court order rescinding the debt review under Section 165.

    What a debt counsellor may do is suspend their own services for non-cooperation by the consumer, using Form 17.W(b). That suspension does not remove the debt review flag from the credit bureaus and does not end the consumer's status as a person under debt review. The flag remains, and the consumer must still pursue one of the proper exit routes to be cleared.

    If a debt counsellor has told you they have 'cancelled' or 'closed' your debt review without one of the above routes being followed, the bureaus will not reflect a removal. NDRC offers a free file review to confirm your actual status and the correct route forward.

    Expert Answer

    Provided by NCR-registered debt counsellors (NCRDC3106)

    Helpful Tools

    Do I Qualify?

    Answer 5 quick questions to find out if you qualify for debt review removal. Free instant assessment with no obligation.

    Check Your Eligibility

    Check Your Status

    Check if you're currently listed under debt review using your SA ID number. Instant results from the NCR register.

    Check NCR Status

    Need Personalised Advice?

    Our NCR-registered debt counsellors can assess your unique situation and provide tailored guidance.