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    What 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 technically under debt review. The NCR's Withdrawal from Debt Review Guidelines (Circular 001/2021, paragraph 11) confirm that termination of the agreements does not, on its own, remove the debt review flag from the credit bureaus.

    What you lose is the protection that debt review concessions provide on the terminated accounts. The credit provider that issued the Section 86(10) or 88(3) notice is free to enforce the original credit agreement: issue summons, obtain judgment, and proceed to attachment or sale in execution, subject only to the standard requirements of the NCA and the High Court or Magistrate's Court rules.

    This is one of the most misunderstood positions in the NCA. Consumers commonly assume that if creditors terminate, the debt review is over. It is not. The flag remains, you cannot apply for new credit, and you remain in the awkward position of being under debt review with no payment plan in force on the terminated accounts.

    The correct response is to take formal action: either negotiate the credit provider back into the debt review, oppose the enforcement proceedings, or pursue one of the proper exit routes (Section 71, Section 87, or Section 165). NDRC handles each of these scenarios; contact us for an assessment of where your file actually stands.

    Expert Answer

    Provided by NCR-registered debt counsellors (NCRDC3106)

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