Struggling with debt in South Africa? Debt review can help! Learn how to manage your debt, reduce repayments, and achieve financial freedom. NDRC Debt Counsellors – Free Consultation.
This article offers a clearer and more concise explanation of debt review in South Africa, focusing on the benefits and considerations for those struggling with debt.
The National Debt Review Center
In 2007, the National Credit Act introduced debt counselling, a program to help South Africans struggling with debt on things like houses, cars, and credit cards. This program can even help people at risk of losing their belongings.
Debt review, also known as debt counselling, is a legal process regulated by the National Credit Regulator (NCR) to assist South Africans in managing overwhelming debt. A debt counsellor assesses your financial situation, negotiates with creditors to lower interest rates and monthly repayments, and creates an affordable repayment plan.
A significant percentage of South Africans are struggling to keep up with their debt obligations, as 42% of respondents across income levels say they cannot manage their debt. Only 16% say they have no debt.
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This is a critical decision. If you’re drowning in multiple debt payments and feel completely overwhelmed, debt review can be a lifeline. It offers a structured approach to managing your finances and ultimately achieving freedom from debt.
Consulting with a registered debt counsellor is a crucial first step. They can assess your financial situation, explain the debt review process in detail, and help you determine if it’s the optimal solution for your specific circumstances. Don’t hesitate to seek professional guidance – it can empower you to make an informed decision about your financial future.
Don’t be intimidated! Debt review is simpler than you might think. Here’s a breakdown
1. Your debt counsellor will analyze your income and debts to determine if you’re over-indebted. This initial step provides a clear picture of your financial situation.
2. Once over-indebtedness is confirmed, paperwork will be completed to officially begin debt review. This ensures all parties are on the same page and the process adheres to regulations.
3. Your debt counsellor will contact creditors to verify your outstanding debt balances. This step guarantees accuracy and transparency in the negotiation process.
4. You’ll be listed on a database managed by the National Credit Bureau (NCR) indicating your participation in debt review. This informs creditors and protects you from additional credit offers.
5. The NCR will be formally notified of your debt review application. This is a mandatory step for legal and regulatory compliance.
6. Your debt counsellor will act as your advocate, negotiating with creditors for reduced interest rates and more manageable repayment terms. Based on this negotiation, a personalized and sustainable repayment plan will be established for you.
7. Once creditors approve the negotiated terms, a consent order will be issued. This legally binding document confirms the agreed-upon repayment plan.
8. Finally! You’ll start making a single, consolidated monthly payment to your debt counsellor who will distribute the funds to your creditors according to the agreed plan.
Cancelling debt review in South Africa is possible, but it depends on the stage of the process. Here’s a breakdown:
Check out our debt review removal archives to learn more about debt review removal.
Important Considerations.
Cancelling debt review doesn’t eliminate your debt. You’ll still be responsible for paying your creditors and the cancellation process can be lengthy and expensive, especially through the court system.
Unfortunately, in South Africa, it’s highly unlikely you’ll be able to get a loan while under debt review. Here’s why;
1. Legitimate lenders perform credit checks before approving loans. Since debt review flags your credit report, it signals you’re already struggling with managing debt. Granting you another loan would be considered reckless lending by the National Credit Act (NCA).
2. Debt review aims to help you manage existing debt, not accumulate more. Allowing access to new loans could undermine the program’s purpose.
While under debt review, be extremely cautious if someone offers you a loan. These are likely scams by unregistered money lenders or reckless lending companies who exploit vulnerable people. Offering loans during debt review is illegal, and these unscrupulous characters are only looking to profit from your situation.
They’ll likely have incredibly high-interest rates, trapping you in a cycle of debt that can be much worse than your original situation. Do not engage with them and report any such offers to the National Credit Regulator (NCR).
Feeling overwhelmed by debt? Debt review can be a powerful tool, but the process might seem complex. Here’s a quick recap to guide you.
Debt review can be a strategic solution for managing overwhelming debt. By understanding the process and its limitations, you can make informed decisions and achieve your goal of becoming debt-free.
Negotiated Repayment Plan: A debt counsellor negotiates with creditors to reduce your interest rates and create a single, manageable monthly payment plan that fits your budget.
Streamlined Payments: You make one payment to your debt counsellor who distributes the funds to your creditors.
Credit Bureau Listing: You’ll be listed on a database to inform creditors of your debt review status and prevent you from accessing further credit.
Legal Protection: Debt review shields you from legal action by creditors and asset repossession.
1. You can’t apply for new loans or credit cards while under debt review.
2. Debt review typically takes 3-5 years to complete, depending on your initial debt amount.
3. There are associated fees like application, restructuring, aftercare, and legal fees.
The average duration can be anything from 12 months to 60 months if you do not have any secured assets, but it can vary based on your initial debt and the agreed repayment plan.. (i.e. if you have a bond the process can take up to 20 years or 84 to 118 months if you have a vehicle finance)
1. You must be over 18 and legally able to enter into a binding contract.
2. You must be earning a steady income.
3. You must be over-indebted, meaning you struggle to meet your monthly debt obligations.
4. If married in community of property, your spouse might need to be involved.
Debt review can be a powerful tool if you’re overwhelmed by debt. It provides a structured approach to managing your debt, reduces interest rates, and protects you from legal action. However, the extended timeframe and limited access to credit might not be suitable for everyone. Consider the pros and cons and discuss them with a registered debt counsellor before proceeding.
1. Juristic Persons (Companies or debt under a company)
2. Individuals already under sequestration (a form of insolvency)
3. Non-South African citizens
4. People who don’t meet the over-indebtedness criteria
The average duration can be anything from 12 months to 60 months if you do not have any secured assets, but it can vary based on your initial debt and the agreed repayment plan.. (i.e. if you have a bond the process can take up to 20 years or 84 to 118 months if you have a vehicle finance)
While under debt review, new credit applications are generally not approved. Once you’ve completed the program and your credit score improves, you might be eligible for a vehicle finance.
Until you have completed the program or there is a court order declaring you no longer overindebted or rescinding your debt review application.
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