The NCR Complaints Department: Legal Mandate
In terms of section 15 of the National Credit Act, the NCR Complaints Department is mandated to:
- Receive complaints concerning alleged contraventions of the NCA
- Evaluate whether conduct complained of falls within the NCR's jurisdiction
- Promote effective and efficient informal resolution of disputes where appropriate
- Investigate registered entities for compliance with the NCA
- Take enforcement action where permitted by the Act, including referrals to the National Consumer Tribunal or consumer courts
The NCR is a regulatory authority, not a court. It does not adjudicate disputes or substitute judicial processes.
The Role of the NCR Call Centre
The NCR Call Centre is a division within the Complaints Department and acts as the first point of contact for all stakeholders.
The Call Centre:
- Receives enquiries telephonically, in writing, or in person
- Screens and assesses enquiries in line with the NCA
- Determines whether an enquiry falls outside the NCR's mandate, or contains allegations that may amount to a contravention of the NCA
Important: Not every enquiry becomes a complaint. Only matters where an alleged contravention of the NCA is identified proceed to the formal complaints stage.
NCR Complaint Process (Explained)
The NCR complaints process operates as follows:
NCR Contact Information
1Lodging an Enquiry or Complaint
Any person may contact the NCR using one of the following official channels. If a complaint is lodged on behalf of another person, written consent is required.
2Initial Assessment (Enquiry Stage)
All enquiries are first assessed by the Call Centre to determine whether the matter falls within the scope of the National Credit Act, whether the NCR has jurisdiction over the entity complained about, and whether the issue raised may constitute a contravention of the Act. If no contravention is identified, the consumer is informed accordingly and the matter does not proceed further.
3Formal Complaint Capture
Where the assessment identifies an alleged contravention of the NCA, the complainant is required to complete a Complaint Initiation Form (Form 29). If acting on behalf of another person, a Consent Form must also be submitted. The matter is captured on the NCR Complaints ICT System, a reference number is generated, and the complaint is allocated to an NCR officer for handling.
4Investigation and Resolution
Depending on the nature of the complaint, the NCR may facilitate informal resolution between parties, request information from registered entities, investigate compliance with the Act, or take enforcement steps permitted by the NCA. The NCR does not guarantee a particular outcome and does not act as a consumer's legal representative.
5Communication of Outcome
Once the complaint has been dealt with, the complainant is informed of the outcome. Outcomes may include informal resolution, regulatory action, referral to another forum, or closure due to lack of jurisdiction or legal limitation.
Who Can Lodge a Complaint with the NCR
A complaint may be lodged by:
- Any person where the consumer is a natural person
- In certain cases, a juristic person or trust, with proper authority
- A third party acting with written consent of the consumer
Consumers are encouraged to first raise disputes directly with the relevant credit provider, debt counsellor, or credit bureau before referring the matter to the NCR.
Complaints the NCR Can Handle
The NCR can assist with complaints relating to:
Complaints That Fall Outside the NCR's Mandate
The NCR cannot assist with complaints involving:
Important Legal Limitations
- If three years or more have passed since the conduct occurred, the NCR may be limited in referring the matter to the Tribunal or a court
- If substantially similar conduct has already been referred to the Tribunal, enforcement options may be restricted
- The NCR may still assist with informal resolution where legally permitted
Key Clarifications for Consumers
The National Credit Regulator:
- ✗does not remove consumers from debt review
- ✗does not issue clearance certificates
- ✗does not override court orders
- ✗does not provide legal advice
- ✗Debt review cannot be cancelled simply by request
Transfer between debt counsellors is permitted where services are unsatisfactory. For more information on unlawful claims, see our scam warnings page.