NCR Circular 07 of 2025 – Misrepresentation of Debt Review
On 29 July 2025, the National Credit Regulator released Circular 07 of 2025 (Misrepresentation of Debt Review), a direct response to rising reports of misrepresentations in the debt review process.
The circular follows a landmark ruling by the National Consumer Tribunal in Sandile Derrick Manzi vs Alice Dawn Barnard (NCRDC3277) & NCR, a case where a debt counsellor was fined R250,000 for placing a consumer under debt review without informed consent.
This ruling has far‑reaching implications for both debt counsellors and consumers in South Africa.
Case Summary – How a Consumer Was Misled into Debt Review?
In the case:
- The consumer was contacted by a cold‑calling representative, who offered “government employee benefits” and lower interest rates.
- He believed he was getting advice, not signing up for debt review.
- He was never told that his credit record would be flagged.
- He did not sign informed consent to be placed under debt review.
- The debt counsellor failed to explain consequences of debt review as required by the National Credit Act.
NCT Findings:
- Violation of Section 52(5)(c) of the NCA.
- Conduct amounted to prohibited conduct.
- Administrative fine: R250,000.
- Clear breach of professional ethics and registration conditions.
NCR Compliance Reminders for Debt Counsellors
Debt counsellors are reminded to:
- Obtain written, signed consent before applying for debt review.
- Conduct proper over‑indebtedness assessments in line with Section 86 of the NCA.
- Fully disclose consequences (including credit profile impacts).
- Avoid misleading advertising or implying debt review is a quick fix.
- Maintain ethical, transparent conduct at all times.
Non‑compliance can lead to:
- Enforcement action.
- Deregistration.
- Heavy fines.
- Irreparable damage to reputation.
Guidance for South African Consumers
Before agreeing to debt review:
- Ask exactly what the service involves.
- Get all agreements in writing.
- Verify the debt counsellor on the NCR register.
- Be wary of cold calls promising “instant debt clearance”.
- Remember, you cannot be placed under debt review without your signed consent.
Why This Matters for the Debt Counselling Industry
Circular 07 of 2025 is a wake‑up call for the industry.
For compliant debt counsellors, this is an opportunity to:
- Show transparency in every step.
- Educate consumers about their rights.
- Differentiate from unethical operators damaging industry trust.
At The National Debt Review Center, we follow strict NCR compliance.
Our clients always understand:
- The process.
- The impact on their credit.
- The legal implications — before signing anything.
In Conclusion
The NCR has made it clear:
Misrepresentation in debt review will not be tolerated.
For consumers — verify everything, ask questions, and only work with registered, ethical debt counsellors.
For debt counsellors — follow the law, or face serious consequences.
Need Help?
Contact The National Debt Review Center today for transparent, compliant debt review or removal services that put your rights first.
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