Whether getting out of debt review is straightforward depends on your situation. If you have paid all accounts and only a current home loan remains, the process is quick. Your debt counsellor issues a Clearance Certificate (Form 19) and notifies credit bureaus within days.
If you still have outstanding accounts and are applying to court under Section 87 of the NCA, the process takes 3 to 6 months. A court application must be drafted, served on all creditors at least 20 business days before the court date, filed at the Magistrate's Court, and attended by an admitted attorney.
Several factors make the process harder:
• Creditors oppose the application because they believe you are still over-indebted.
• Your previous debt counsellor's documentation is incomplete or cannot be located.
• A court order or NCT consent order exists and the Magistrate is reluctant to rescind it.
• Prescribed debt is involved and confirmation of prescription status is needed.
• Credit provider documentation is delayed or disputed.
The high DIY failure rate is not because the legal test is impossible to meet. It is because procedural requirements are strict. Missing the 20-business-day service rule, filing affidavits incorrectly, or failing to properly serve all respondents results in dismissal or postponements.
With NDRC and admitted attorney partners managing the process, procedural risks are eliminated. Our success rate for qualifying applicants is up to 95%.