Legal Framework
NCA sections, court applications, and legal requirements
What sections of the National Credit Act govern debt review removal?
Four primary sections of the National Credit Act 34 of 2005 govern debt review removal.
Read MoreCan I cancel my Debt Review and continue to pay directly the reduced installment to my creditors?
to My Creditors?
Read MoreOnce Debt Review is terminated, can creditors take legal action?
Yes. Once debt review is terminated, the legal protection that Section 88(3) of the NCA provides against creditor action no longer applies.
Read MoreWhen can a credit provider terminate debt review?
Credit providers have limited but real rights to terminate debt review under the National Credit Act. Section 88(3) provides that a credit provider ma...
Read MoreCan I apply for debt review removal if my order was a consent order confirmed by the National Consumer Tribunal?
Order?
Read MoreCan I Cancel Debt Review?
No, you cannot cancel debt review yourself by writing a letter to your debt counsellor, stopping payments, or instructing creditors to deal with you d...
Read MoreWhat are the Implications of Cancelling Debt Review?
Cancelling debt review through the proper legal process has real and significant implications.
Read MoreCan creditors take legal action to recover outstanding debts while the debt review removal process is ongoing?
Ongoing?
Read MoreCan 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...
Read MoreWhat is a Form 17.W and when does it apply?
Form 17.W is the prescribed NCR form used to update the Debt Help System after a debt review has ended. It replaced the older Form 17.4.
Read MoreMy debt review was confirmed by an NCT consent order: can it be set aside?
Yes, but only on the statutory grounds in section 165 of the NCA: the order was erroneously sought or granted in the absence of a party; the order con...
Read MoreIf I have a prescribed account, do I still need to include it in the application?
Yes. The court application must disclose every account that formed part of the debt review, including any account that has prescribed.
Read MoreDoes a sequestration order end my debt review?
Yes. A final sequestration order granted by the High Court automatically ends your debt review. The NCR's Withdrawal from Debt Review Guidelines (Circ...
Read MoreCan 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, p...
Read MoreCan I stay under debt review without an active debt counsellor?
No. The NCR's Withdrawal from Debt Review Guidelines (Circular 001/2021, paragraph 10.2) confirm that a consumer cannot remain under debt review witho...
Read MoreWhat happens if all my credit agreements are terminated under section 86(10) or 88(3)?
If every one of your credit agreements is terminated by credit providers under Section 86(10) or Section 88(3) of the National Credit Act, you remain...
Read MoreStill Have Questions?
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