0 comments on “Featured

  1. Seems like FNB must also review.

    From their web site – “If the balance on the account comprises only of transactions on the account from the date of the previous statement, and is paid in full on or before the “payment due date” – no interest is charged. However, cash withdrawals/travellers cheques/petrol and purchases resulting in a debit balance, will attract interest from the date of the transaction(s) to the date of payment.”

  2. Perhaps you should investigate “Cross-Roads” – we helped clients from them.
    Their money has not been distributed and the owner is unavailable.
    We spoke to the NCR, they told us that they are aware of the problem.
    I agree, bad debt cousellors must go!!
    We have to expose them

  3. Pingback: What a PAIA n… new PAIA exeption extension date | | Debtfree DIGIDebtfree DIGI

    • While under debt review you should not make use of any further credit (as per the NCA).
      In fact, the bank will probably help you in this regard by changing things on their computers to stop any further credit being granted.

  4. Listened to interview with Udo Carelse on talk radioe 702 Wish you well. Strike a blow for all dumb sheep led to be slaugthered!

  5. Suggest you remove this, there are a number of DC’s involved in PBC who are not party to the Bornman appeal and therefore are not effected. This report indicates BLATANTLY that they are.

    Rights are reserved.

    • Thanks for the comment (we have adjusted the post to reflect this info.
      Dear readers:
      Please note that it is only clients of Christo Bornman at PBC who are effected.

    • I Suggest you call a Debt Counsellor. If you look in the Directory Section of the Magazine (at the back of the magazine) You will find many debt counsellors who operate in various cities around the country. You can even click on the link in the directory and go straight to their website to learn more about them.

      We hope that helps

  6. Good day. I’m currently on debt review and would like to know if there is a possibility that I can get a consolidation loan to settle my accounts. I’ve got a homeloan with Absa and the branch in Horison advised me to contact your department. Thanks

    • At present several credit providers such as Old Mutual and Capitec offer what they call consolidation loans.
      They will need to get an accurate picture of your financial situation and see if they would like to grant it.
      You will need to talk to one of the creditors who offer these loans.
      Many of the banks hesitate to offer consolidation loans if your financial situation is not good.
      You may want to talk to a Debt Counsellor about whether you are presently able to qualify for credit.
      If you are “over indebted” you may want to consider debt review or sequestration.
      To find a Debt Counsellor check either our service directory in the magazine (at the back) or visit theDCI or NCR or DCASA websites.
      Hope that helps- ED

  7. i would like an consultant to contact me in regards to debit review how can it be removed so that i may get loan to pay my debits in one goal

  8. I am presently involved in a case where the s129 notice was posted to the WRONG ADDRESS and the bank obtained DEFAULT JUDGEMENT and sold the property in a SALE IN EXECUTION for a ridiculous price; the purchaser has made an application for eviction……we have made an application for rescission of the judgement and reversal of the transfer back to the Debtor
    Any comments

    • Sadly this is not an isolated event. More and more cases like this are having to go to the High Court for rescission.
      Thanks goodness for Debt Counsellors who can help consumers through the stress that this causes and help them assert their rights.

  9. Hi.
    I want to comment on the section 129 issue that most judges even those at the Supreme Court Of Appeal did not apply their minds in dealing with the real intention of the hotly debated section. I think Judge Murphy’s judgement made more sense. They failed to consider the legislature’s intention.

    The constitutional court’s judgement will lay everything to rest. I am an LLB graduate although not practicing nor admitted, i however read a lot of this matters. It is my submission that a section 129 notice is a legal document that has to be served by the sheriff at the last known addres of he consumer for if it is not done in that manner the current process will be abused by banks and other credit providers.

  10. be warned….

    After being on DR for 5 years and completing payments to credit providers, there is still no closure for us. Worse is that harassment from credit providers has never ceased from day one. Debt counselors need to be given a little more power in the DR process over credit providers. Our family is wondering whether there will ever be an end to our harassment and misery after faithfully completing the debt review process.

    Now its complaints more hassles submitting to the NCR, Debt Counselor, NDMA etc etc. Some creditors have even had the gall to sell our debt to other debt collection companies so the process starts all over again.

    I wonder whether we should have declared insolvency. The constant stress makes one ill

    An unhappy Debt Review Client that did everything by the book!!

  11. Pingback: Impact of new Debt Counselling Regulations - Debtfree DIGI magazine Debtfree DIGI

  12. Hi
    I would just like some help on an account of mine. I don’t know who to contact so maybe you can help me. I have vehicle finance at Wesbank. I want to know if someone can check that the charges on my account is correct. I would like to finally settle my account and asked for several settlement amounts. There’s two in particular that I don’t understand as it seems like more than its suppose to be. But that’s why I need assistance to just check the correctivity of it. I hope that you can be of help to me, if I’m contacting the wrong place could you please advise me on who I can contact.
    Thank you

    Trifosa Jooste

    • I have bought 6 cattle on line at an amount of R45000 and paid a shipping amount of R2750 from Jacaranda Livestock Farm. Later they asked me to pay KAS COURIER SERVICES an amount of R23750 for transporting the cattle from Northern Cape to Limpopo. After paying the monies its now 2 weeks they’re no longer answering my phone. As a result I’ve sent them a letter of cancelation for the order and requested them to refund my money back to my account. What must I do to get my refund?

  13. Hi
    i hope you can assist me. I was on debt review up until Dec 2011 my business was not doing well hence i could not pay. I cannot get any info from the banks as to how much i owe them. can you tell me what can be done?

    • Well the truth is that you now face an up hill battle due to falling out of the process before.

      When going to your creditors ask for a statement… If they refuse then record them with your cell phone video camera and ask why they refuse?
      If they still refuse ask for the reason in writing on a letterhead.
      That should get you some attention (hopefully from the manager)

      If you are told they cant help you because you are still under debt review then take them the letter 17.4 letter your Debt Counsellor probably gave you.
      This letter will show you are not under debt review any longer due to non payment.

      You have a right to information about your accounts.
      Armed with any refusals you can then go to our NDMA complaints page and download the form and complain about the creditors who refuse to help you.
      https://debtfreedigi.co.za/ndma-complaint-help/

      Hope that helps

  14. How very interesting. I am in a situation with ABSA and FNB surrounding my arrears on two credit cards. I have been unemployed in the UK since 2009. I was not able to keep up payments from the middle of last year. I have tried since moving to the UK to change my address to my UK address with no success. I have just arrived back in SA and have returned from both banks this afternoon. I knew my accounts were being passed on to the collection attorneys, but I dispute this because I have not received the Section 129 notices personally.

    ABSA’s bank manager in the first instance said she knew nothing about these notices and was unclear on any legal matters. Her assistant, through some lengthy conversation with ABSA’s credit card division passed on the information that I was notified but there is no such thing as a Section 129 Notice.

    I asked for a copy nonetheless.

    FNB on the other hand, neither acknowledged or argued against the Section 129 Notice, and gave me an email address to take my dispute further.

    Either way, both my accounts are in the legal process, neither bank will change my address to my UK address and refuse to take off the address I no longer reside at.

    I had read before that the Section 129 Notice would stand simply on the basis that it was sent. Which brings into account the speed of delivery. Some letters were getting through to my old postal address but received a month and a half later, where in these letters I was given 20 days from date of postage to respond!

    So this letter has given me hope. Thanks for sharing.

  15. The answer is registered e-mail to provide legal proof of delivery at a fraction of the cost of registered post. This product is used by the US Government (since 2003), the UN and General Electric and many others. at website: software27.com/?page_id=163

      • There are two parts to the answer:
        1. The proof usually avoids legal action. (Like when a phone call recording is played back to a customer who has difficulty remembering that they agreed to something. With RPost a customer can verify the receipt they are presented with in E-mail from their own e-mail address.)

        2. Here is legal opinion and other whitepapers for your reference: http://www.rpost.com/resources/whitepapers (I’m sure we will follow standards accepted by the US Government, UN and many others worldwide.)

        The technology enjoys protection from 36 worldwide patents.

  16. Hi Richard

    The very reaction you state in your response is exactly what the CP’s want. It is a fight not only for the consumer but the DC’s. Have you ever thought about why consumers have been bullied and harassed to the level they have while in debt review. Sign below link and I assure you, I will personally send you proof of what will be done. But whatever you do, don’t give up – debt review is every South African’s RIGHT and no CP can ever take that away. See comments to know that you are not alone.

    http://www.gopetition.com/petitions/stop-banks-acting-in-bad-faith/signatures.html

    Hang in there
    Deborah
    http://www.theDCI.co.za

  17. Bornman has appealed to the North Guateng High Court for leave to appeal to the Supreme Court of Appeal. This appeal still does not show on the role. Surely 1) there is a time limit by when the court must hear that application, 2) if not Bornman must file within a specific time period, 3) if he has filed, when will the matter be heard? and 4) if the leave to appeal to the Supreme Court of Appeal has been heard, when was it heard and what was the outcome?

  18. I have been on debt review since 2009,we were issued with a sale in execution but the courts ruled for the judgment to be rescinded,last year again Nedbank done the same thing,again it was rescinded,according to the moratorium we had to make at least 80% of the installment,the bank has cancelled the debt review and again and took out another judgement against us,I tried speaking to Nedbank but was advised by their consultant that under no circumstances were they going to back down,even though I offered to pay an extra R4000,00 per month,I have now received a notice for sale in execution,the total arrears according to the morotorium amount to R238 000,00.I am starting to get back on my feet,I really need help in overturning the judgement that was reached

    • It is terrible to see how Nedbank are harassing you.
      Obviously your debt counsellor is trying to help you (thank goodness for the extra support of the DC’s or so many consumers would be left with no one on their side).
      It seems that Nedbank keep doing this just to punish you..or because they are incompetent.

      You need to approach the NDMA with all due haste (see our NDMA complaint page)

      You should also fax/ deliver and get a receipt of your objection to Nedbank themselves and their legal representatives (who are they in this case?)

      You should also make sure you appear in court once again to have the latest Judgment rescinded.
      Very NB is to go after Nedbank for Legal costs (a Costs Order) as all this legal action – which is at high court – is expensive even if you represent yourself at court.

      If you did not know about the latest round of legal action (ie if they did not send you a section 129 letter and summons via sheriff or via registered mail) it is now even easier for you to fight back

      Talk to your DC once again and ask for help (once again)
      Don’t stop fighting!

  19. Pingback: “Our court documents contain no less than thirty laws, bills and acts, that are broken by the banks on a daily basis, with impunity, as if they are a law unto themselves” Tellinger said. “Everyone can download this document and see for themselves”

  20. i need the banking details of standard bank i have a edgars credit card thats under debt review and want to do payments into this acc so i need the acc details for internet banking my acc no is ……………..

    • Hi Fabian,
      If you would like to make additional payments then please contact your DC about it and they will help you to make the payment via your PDA.
      Otherwise you will cause confusion in the PDA’s tracking of the account and the interest due.

  21. Hi, i’m currently indebt with total instalments higher than my salary. i’m currently at credit bureau as a bad payer which will b on the system for the next coming 13months. please could you help to be financially stable again without affecting my future.

    • Hi Oscar. Your situation is dire. It is correct that the bureaus list you as a poor payer since you no doubt are having a lot of trouble paying everyone. At present your situation is very grim and soon your creditors will begin taking portions of your salary and try to take your assets etc. Unfortunately this may mean that for the next 30 years the banks will have judgements against you. Fortunately you do have several options depending on the details of your debt.
      One option is sequestration which involves giving up all your assets before the bank comes and takes them. Another option is Debt review. Debt review will hopefully allow you to repay your current debts over 5 – 7 years instead of a shorter time period.
      I would suggest that you talk to a debt counsellor as a first step along the road to recovery. However i must warn you that if your income vs expenditure situation is as you say so bad you are going to have to live without credit for several years and focus all your energy on getting debt free for at least 5 years.

  22. HI THERE

    I WOULD LIKE TO FIND OUT WHAT IS THE PROCESS TO TAKE AND HOW – I WOULD LIKE TO START A DEBT COUNSELLING FIRM, HAD WORK FOR ONE BEFORE AND KNOW WHATS THE PROSEDURES TO DO DEBT COUNSELLING.

    THANK YOU
    EC PIENAAR (MR)

    • Thanks for visiting our site.
      We hope you enjoy the magazine each month.

      Are you currently a registered Debt Counsellor or are you looking to qualify?
      When you previously worked for a DC what did you do?
      Which DC did you work for?
      What area was that?

      Are you looking to be a one man show or hire several staff?

      These answers will help us advise you.

  23. Pingback: No News on Debt Mediation. VDMS latest - Debtfree DIGI magazine Debtfree DIGI

  24. Wow … the NCR wakes up and takes a stand on this one??Can someone help out here. The ‘arguments’ raised by the NCR to challenge the use of ‘an other alternative dispute resolution agent’ simply on the surface, do exactly the opposite and support the idea. Anyone know exactly what the issue is? Any unscrupulous behaviour on the part of Equillore??

  25. WELL DONE NCR! I am relieved that you have eventually taken a stand!

    It is ludicrous that the credit providers who are in favour of VDMS are the credit providers who are doing everything in their power to obstruct the debt counselling process.

    Surely credit providers have seen the benefits of debt counselling which is, in fact, an effective ‘debt collection’ tool and results in a win-win situation for both the consumer and credit provider?

    The next step would be for the NCR to enforce Section 86(5)of the National Credit Act!

    I strongly believe that if all parties adhere to Section 86(5)of the National Credit Act and work together to combat over-indebtedness, the economy of our country will improve and we will have less bribery and corruption and/or crime and violence in our country.

    • Provincial Consumer Protection Offices

      Gauteng
      Telephone Number :
      011 355 8006
      Fax Number :
      011 355 8019

      KwaZulu Natal
      Telephone Number :
      031 310 5300
      Fax Number :
      031 310 5416

      Limpopo
      Telephone Number :
      015 293 8300
      Fax Number :
      015 291 1336

      North West
      Telephone Number :
      018 387 7872
      Fax Number :
      018 392 5660

      Northern Cape
      Telephone Number :
      053 839 4000
      Fax Number :
      053 831 3669

      Western Cape
      Telephone Number :
      080 000 7081
      Fax Number :
      021 483 5872

      Eastern Cape
      Telephone Number :
      040 609 3050
      Fax Number :
      040 609 3201

      Free State
      Telephone Number :
      051 400 4852
      Fax Number :
      051 400 9610

        • Will you please help on a Furnisher Shop complaint.I have opened an account and my Contract Expired and now they want to take the things i bought from them.I did have Insurance with them and ive tried to contact their Insurance Company they are not responding.Ive tried to contact 040 number also is always busy.I need help

      • please i need help there i made a deal with this company called DMC they paid my debt for a furniture shop then i pay them R600 evrymonth on the 7th ,therefore it hapened that on the 7th of august 2017 the money wasnt enough for them to deduct but in that articular morning i went to the bank tode posit the amount which was outstanding to make it R600 but the machineds were not working ,i then called the company to inform them since it was the day they are supposed to take the R600 from my acount they gave an acconut number witha refernce to go and deposit the outstanding amount then they will deduct the one thats currently on my account ,thats wht i did and emailed them a proof of payment but till this morning of the 14th of august 2017 the money has not been deduted and i have not heared from them so i took it upon myself to contact them again and ask whats happening only to find out that i must go and deposit another money into my account so that they cannot deduct wheni asked what about the money ive already deposited into the companys acount they dont want to give me an answer

        please help me before these people cause a problem for me its been eight months since ive been paying its only this month that i encoutered a problem which itried to fix with them and to no avail

        • This sounds like a problem for their complaints department.
          If you need better service then demand better service.
          Always provide proof of any payments you have made in writing since they may not easily be able to find it (especially if no reference number was used).

          This just sounds like a small mix up and can be easily sorted out.

      • Dear Sir/Madam
        since i resubmitted my complain to yiur office about 6 week ago,i haven’t reserve any correspodend whatsoever or any up-date regarding our complain with Hi-Fi Co-Operantion.On the matter concerning Mr ZT Methu with id no(xxxxxxxxxxxxx89) I am acting on behalf of my father-in-LAW

          • Hi
            Can you please help me with the below query?

            Hi,

            You are correct.

            You need to complain to your Provincial Consumer Protector depending on which province you are in this may work.

            Otherwise complain at http://www.cgso.org.za BUT I would suggest try the Consumer Protector first.

            Regards

            Janusz F. Luterek, Pr.Eng
            for: Hahn & Hahn Attorneys

            Delivery Address:
            222 Richard Street
            Hatfield
            Pretoria
            South Africa
            0083

            direct fax:  +27(12)349-9459
            fax: +27(12)342-3027
            tel:  +27(12)342-1774
            direct tel: +27(12)0300165
            Skype Phone:  +16502760480

            Twitter:  @CPA_Lawyer

            P.S.  Please confirm receipt by return E-Mail

            ALL INFORMATION IS CONFIDENTIAL AND INTENDED FOR THE ADDRESSEE ONLY!

            >>>

            Good day

            Can you please assist me with the following:

            I got a Docters letter stating that I am medically unable to exercise. I gave it to my gym, for my gym contract to be cancelled, seeing that I am medically unable to gym. Now they come with storys, they want to penalise me for the months that remain. Isn’t this illegal? I mean I am medically unfit. I cant gym!! And it is NOT MY FAULT. How can I pay for something I CAN’t USE? 

            Hope to hear from you soon.

            Kind Regards

            Lindie Breytenbach

  26. me and my wife we are paying about 15000 a month on debt so we wanted to consolidate or take a secont bond so that we can pay only one account of about7000 we coud nt succed they say our bond is still new we have to wait until the bond is one year ald

    • So here is some general advice to consider:

      You probably don’t qualify for another loan (which is all the banks so called” consolidation” loans are at the moment.
      Maybe you should consider selling the house (which i doubt you want to do so soon) or reducing expenses as much as you can (which i hope you already have done…but be super strict).
      Consult a DC to have them work out a budget with you which may help. Sometimes an outside opinion is very helpful.
      Contact all your other creditors and ask for reductions on payments.

      If all that fails consult a DC regarding Debt Counselling as you seem to need help. Rather Act now before things get out of control.

  27. me and my wife had gone under debt review since april 2009 with debt counsellor corrie gouws at mabcor and our principal debt was R26662.82 and our pyament is R700.00 per month but our debt is still where it was the day we started debt review.

    • This is not uncommon due to the interest rates set by creditors (not the DC)
      Most plans are worked out over 5 years or up to 7 years.
      It is important to try increase your payments over time to speed up the process.
      If you are concerned look at your granted court order for more details on how many months each debt will take to be paid off.

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  29. I need you help urgently the is a company called body lab is ruining my life. so i need to sue them who can i contact to assist me taking legal actions?

    • What you need is an attorney,
      Maybe one approach is to make an application under the Consumer Protection Act.
      You are welcome to talk to any of the legal folk listed in our Service Directory Section in the magazine (near the back)

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  31. bless new era you perserverance will pay off, light overcomes darkness. iam a member. see cm dekker. paid up and waiting for the day we consumers are released from the inhumane strangleholds the banks have on us, we are not just nos, we have lost nearly everything keeping the rianbow dream alive. we deserve better in the long run, if not for us our children and theres will benefit. thank you brain cancer survivor and now more hopeful.

  32. my card no. xxxxxxxxxxxx has been paid up but we have not recieved confirmation and as a result i have over paid. I am desperately in need of a confirmation letter in this regard. you have already been contacted by the customer service person at your langeberg mall branch but as yet have not recieved any feedback.I would greatly appreciate it if i could get a letter stating that the account is clear on a standard bank letter head as i already mentioned i need it for work purposes

  33. I resign my debt but now I have a problem that if I don’t thing thay said I’m under admin but I don’t know why couse I cancelled

  34. It’s these kinds of legal practitioners (extortionists) that remind me of that saying: “Why don’t sharks attack lawyers? Professional courtesy.”

  35. yes – please appeal those costs. it really is ridiculous! in all honesty, i don’t see how any kind of studies would put you in the R28 000 for 20 minutes pay bracket. no matter if you hang upside down from a burning building saving children – oh …. wait… even those guys get paid peanuts….

  36. Pingback: Geld, hoe banke geregtigheid deur geld probeer beheer ens ens |

  37. It is absurd to charge that much money for a couple of minutes appearance. New Era is a non-profit organization and they know this. These are bullies. How do they sleep at night?

  38. The magnitude of those costs appear dissproportionate. How can an honest man not just print a few more notes just like the banks do?

  39. They are obviously charging NewEra so much because they are worried about the information that NewEra has and they are trying to stop them – therefore charging a unacceptably high fee, sharks is not the word for them as sharks have a purpose maybe parasites would be a better name.

  40. hi i’m looking for some help, someone sold a house to me. this person promised me to fixed the roof and paint the walls, but the day we had to moved in the did not, they told me that they were waiting for the money from the bank so that they can fix the house, the agents that sold the house to me dissapeared, now these people are claiming R20thousend from me but they removed the dish from the wall, and a buildin cupboard.it looks like they fixed the cracks with sellotape and just painted over it to make it look as if they had filled the cracks and fixed it. what should i do please advise me.

    • You need legal advice on this one Bronwyn.
      A lot depends on what the sales agreement says and how long ago you made the purchase.
      Talk to an attorney about it. You can check the Service Directory Section of our mag to find one in your area.

  41. Yes i definately support Newera, i think that what they are doing is fantastic and wonderful. I agree with them not the banks Std Bank owes it’ clients over billions of rands to south african consumers and their clients. I am glad that Newera is standing up for us. It is about time someone did something to bring these banks down. It is shocking what the banks are doing and some of the things they are doing is ileagal. I support Newera all the way. You go guys. Keep it up and keep on them until they crack. Well done.

  42. Again get “Solidarity” on aboard to assist NewEra.Solidarity (Afrikaans: Solidariteit) is a South African trade union that negotiates on behalf of its members and attempts to protect workers’ rights.

  43. I cancelled my debtor but I never get a letter please can you post it for me on this address po box 10745 pietermaritburg 3200

  44. This is disgusting greed from average people, who leverage the reputation of a once respected profession, to charge outrageous fees, way above their skills.

  45. Coombe & Associates came to my workplace to make the neccesary arrangement which we did, they deducted money from my account for January & February 2013 but still garnished me with the same amount which I paid to them as per agreement, they are not that professional.

  46. A few months ago,I renewed my internet contract with my service provider,I renewed as I thought what they offered interms of price was very reasonble,only to become aware after 2 months,T’s and C’s are that I can only use the service between 12 – 2 a.m.(I do need my sleep,hey!?)..Is this a FAIS matter or a CPA matter?Every time I approach the service provider,I just get told that I’m fixed for 24 months,no alternative offered..What are my rights?

    • You cannot be held into a contract against your will as per the CPA. You will however have to pay some reasonable wear and tear on any product (modem) supplied etc.
      You should talk to one of the legal companies listed in our service directory section of the mag for some advice.

    • hey dear I am currently facing the same problem I have three kinds tripled and at times it is so difficult to move with them around so I decided to by them electrical motor bikes, so week after 1 of the bikes give me lots of problems I went to the shop to make complain they refuse to repair nor to take them and they says they don’t have guarantee I’m still stressed out on what to do because they are still new what will I do with them I really need help

      • Take your kids, take the bikes, go stand in the shop for a few days and share your story with every other client…until they relent…or get a lawyer to send them a letter, or take to social media telling people about the issue. Give them a formal written letter setting out the situation. Video yourself dropping off the letter or send it via registered post.
        They will cave if you apply pressure…

  47. Pingback: LIVING ON LESS | Debtfree DIGI

  48. Please assist, I bought an air rifle from a hardware dealer in Malelane 8 days ago as a present for my son’s birthday returned home and had to work away from home on my return i tested the rifle only to realize that at 2m the rifle could not even shoot through a piece of paper.
    I contacted the supplier as the lady selling me the rifle said that if Im not completely satisfied I could bring it back,to my surprise when I called them they simply told me “sorry” there is no refund. How should I deal with the matter as i feel the product is of an inferior quality and do not want it any-more . I would just like a refund .
    Please Oblige

    CLAUDE COWLING

    • A legal looking letter will quickly motivate them before you even need to go any further…
      Sadly this might cost you as much as the refund.
      I would suggest that you call one of these numbers and ask for assistance:
      Contact Details:

      Gauteng
      PH : 011 355 8006

      Northern Cape
      PH : 053 839 4000

      Western Cape
      PH : 080 000 7081

      Eastern Cape
      PH : 040 609 3050

      KwaZulu Natal
      PH : 031 310 5300

      Limpopo
      PH : 015 293 8300

      North West
      PH : 018 387 7872

      Free State
      PH : 051 400 4852

      • Good day we are renting a commercial property. Restaurant and the owner is prevent us to do business The Resort name is Emanzini |Resort Vrede. She arrasing my staff and myself, Close up the restaurant with wood so no camper have reasonable excess to the restaurant and have to drive to the main gate. Prevent clients to contact us for business and cancel our contract with 2 months notice. Please call us urgent as this is the prime time for business now. I try to phone the telephone number no one answers phones as your office. Urgent attention please

        • Any advice for Elsie?
          Maybe contacting a lawyer and sending a letter to the owner is an idea (with associated costs of course) which might make them take your needs seriously?

  49. These “Shotgun Reporters” are so funny…! Boasting and giving themselves credit for a huge Law Firm changing their name….

    I wonder if they know how long it takes to do complete name (and brand) change in the new SA? It does not happen overnight… especially with CIPC’s poor level of service. It costs millions of Rands and can take even longer than two years because of all logistics and paperwork involved. So…, to think it was because of a few sensationalized articles in the press – one must have a very inflated ego to say the least.

    This author also contradicts himself (making his own statement proving itself wrong) – by stating the following…(with spelling errors):

    …”They are also saying that the new firm Flemix & Associates has in fact got nothing to do with Coombe and Associates. A confusing statement on there website says “It is very important that you make a note that Coombe & Associates Incorporated still exists, but is not affiliated with Flemix & Associates Incorporated.”…

    It is clear to the average (read “intelligent”) reader that the new name (Flemix) of the old firm (Coombe) comes from the surname of the new managing director (a most widely used practice by law firms), who took over the firm last year. The old director then took back his own surname and started another new law firm (Coombe Inc. / http://www.coombeinc.co.za) for his own benefit. The one legal firm is thus clearly not the other.

    To inform the public, the old firm with the new name (Flemix) confirmed this on their new website (as well as on the link to the old website), that another new legal firm (Coombe Inc – with the surname of their old director) also exists, but that this is a separate legal entity and NOT affiliated with their company (with new name) any longer!

    It is further clear to the average reader that the old firm (only changed its name to that of the new managing director, and that everything thing else stayed the same – i.e. it they kept all their old employees, etc…

    Maybe it is just the author (of this – yet another piece of sensationalism) that can’t understand this… but to the rest of us readers it is quite clear.

    • PS: The Law Firm in question is NOT under investigation by the Law Society (as falsely stated by the author), but this firm have even invited the Law Society to audit their collection system and procedures – which are all legal and above board.

      It is the impression of the writer hereof that the problem lies in bad communication from the debtors to the collector – as the queries in question make out a very small (+/- 0,07% out of about 300,000 active cases of said law firm) – and the matters that have been brought to their attention have mostly been rectified after these problems were communicated to them… (Sometimes it is easier to call your collector than the local media one would think – as he can attend to the problem at hand and not just sensationalize it.)

      Lastly it is common fact that debtors must pay their debts – as well as the interest and legal costs they consented to. It is far too easy for them to plead poverty once it comes to paying back of money legally borrowed and owed in terms of the National Credit Act (NCA).

      One can also not “Kill the Messenger” and blame the debt collector (legal firm) for collecting the money in terms of the contract between the Borrower (Debtor) and the Lender (Creditor) – as this was also done legally in terms of the SA law (like the NCA, etc).

      Maybe the time is ripe for people not to borrow money so easily – if they know (and don’t care) that they cannot pay it back – because they will then blame everyone but themselves for how unfair life is…and how high costs are!? Wouldn’t we all only want to repay a R1,000 loan with the same R1,000 capital – and no cost – in our own time frame…!?

    • Not specifically just provincial contact addresses.
      Gauteng
      PH : 011 355 8006

      Northern Cape
      PH : 053 839 4000

      Western Cape
      PH : 080 000 7081

      Eastern Cape
      PH : 040 609 3050

      KwaZulu Natal
      PH : 031 310 5300

      Limpopo
      PH : 015 293 8300

      North West
      PH : 018 387 7872

      Free State
      PH : 051 400 4852

  50. Hi I need help with a dealership that I bought a bike from they will not refund my money I havent received the bike as yet and dont want it anymore cause of bad service levels being rude to me i went in to cancel and get a refund within the 4 day period and i was told they not going to refund me ?basically forcing me to take the bike ive sent an email pls anymore that can assist me ?

    Any help please

    • Well in line with the CPA you do not have to proceed.
      I would put your decission down in writing and get them to sign for a copy or send it via registered mail.
      Then i would contact one of the numbers below and ask for more help:
      Gauteng
      PH : 011 355 8006

      Northern Cape
      PH : 053 839 4000

      Western Cape
      PH : 080 000 7081

      Eastern Cape
      PH : 040 609 3050

      KwaZulu Natal
      PH : 031 310 5300

      Limpopo
      PH : 015 293 8300

      North West
      PH : 018 387 7872

      Free State
      PH : 051 400 4852

      • Hi, I am currently under debt review with a company called Debt Works,after more than a year i am owing more now than when i started,creditors have sent me messages stating that my account is in arrears and of late distribution lists are not being sent to me,I would like to terminate my dealings with them but need advice and to which reputable firm can I approach,Thank You

    • I once bought a Flexi Club Time Share after attending a presentation in Randburg. I used my cooling off period to cancel the deal but was pushed from pillar to post until the 7days past and was told I cannot cancel. I continued to pay and when I tried booking a holiday was then told abot the Levy of R1800 at the time that I had to pay before I can use my points. I was very upset since there was no mension of Levy to be paid at the presentation. I decided to instruct my bank not to allow those debits to be deducted from my account. I lost +- R12 000. is there a way I can make Flexi Club to pay back my money. this is something that happened almost 2007/8. I no longer have any documents to proove but they may have my name in their database.

      • Going on the info you shared i would say you are in for a very tough time to get any money back without any documentation.
        How will you prove they got money from you or what the promised or when you submitted any info/requests etc?
        You cold ask them to give you all the documents they have but do not be surprised if they cant find certain documents etc.
        it is also from a long time ago (before when the Consumer Protection Act was in effect).

        That is not to say you should not try. You just have to decide how much time and effort that amount is worth.

  51. very interesting article. i wonder how the conflict of interest aspect would be viewed by the courts as well as the double jeopardy to the consumer. definitely not the sort of behaviour one would expect from an institution that respected their brand.

  52. Lovely review, well done Debtfree! and thanks for sharing this important info with the industry. DC Partner team look professional in their coroporate wear and its lovely to put a face to a name. All the best in your ventures going forward.

    • Hi Cynthia,
      To do so you should go into an ABSA branch and inquire. You have a right to information about your own accounts. If you are under debt review you should ask your PDA for a statement. Your debt counsellor should be able to help you in this regard.

  53. Congratulations to Liddle & Associates and the DC for standing up to the bank on this issue. Hopefully more magistrates will have the guts to pass similar rulings in other magisterial districts because in the end this battle will be won if all magistrates follow the same principles in adjudicating on these matters.

  54. coombe and associate they are not professional since i send lot and lot of emails they never responded to any, they have deleted them without reading them i wanted to know my balance because since i have been paying without i dont get anything that shows how much is my outstanding,please send me the number for Bloemfontein office because you failed to assist me with my request.

  55. The Agent for the Coombe came to make arrangements for the debit order from my cheque account of which I have agreed bcause I wanted to pay my credit card. To my surprise I was debited with Garnishee on my payslip and on cheque acc as well of which we did not agree on. I’m so disgusted by this company even if you want to get hold of them on the phone you cant because of the call volumes, you hold on until an hour before you can get any assistance.

    • Coombe has come to my workplace where I signed for a debit order to go off my bank account on the 25th of each month. Never the less they carried on collecting on every date AROUND the 25t of each month. I tried to phone them and when I eventualy got through on the telephone line, I explained my problem to the lady who got very rude and slammed the phone down in my ear. The next thing I had a garnishee on my salary. How unprofessional can a company be? And down right croocked too.

  56. I like to know where can I found the nearest coombe and association around Johannesburg cause I got the garneesh from them with Capitec and now on my pay slip it reflex twice and the referrence number is different and both they deduct R1000 each referrence and I try to call them several time want to ask them about this other garneesh they taking me from peeler to post sometime they hang up on me please I help need to go where their offices myself than phoning

  57. Please help me to get my money to pay and have food in home cause i dont have electricity because i am have to wait for 7 days working days and i am staving

    • Obviously you are in a tight spot.
      For the moment you should consider selling items you have at home to get some food.
      Next you must go talk to a Debt Counsellor to find out how to get control of your finances.

      You can find Debt Counsellors in our service directory section in the magazine.

  58. IN MARCH 2013 I HAVE REQUESTED FOR THE SETTLEMENT AMOUNT IN MY ACCOUNT WITH THESE PPL,ON THE 28TH/3 I RECEIVED THE LETTER WITH WITTLEMENT AMOUNT I NEED TO PAY. IT WAS THE EASTER LONG W/END SO I DECIDED TO PAY R614 AFTER THE W/END ,THEN ON THE 2ND OF APRIL I PAID THE AMNT AND SENT THEM WITH THE PROOF OF PAYMENT. THE REASON I SETTLED THE ACCOUNT WAS THAT I DID NOT WANT TO BE DEBITED AGAIN ON MY PAYSLIP WITH R750. I CALLED AND CALLED AND E/MAILED THEM AS WELL TO MAKE SURE THAT MY PAYSLIP WILL NOT BE DEBITED WITH R750 IN APRIL THE 20TH. I DID NOT GET SOME HELP AND TO MY SURPRISE AGAIN MY PAYSLIP WAS DEBITED WITH R750 AS I HAVE SETTLED THE ACCOUNT IN FULL. IT’S SO FRUSTRATING TO DEAL WITH THIS COMPANY I REALLY DO NOT WANT TO LYE THEY R SO UNPROFESSIONAL, INCOMPETENCE. UNTIL TODAY I HAVE NOT BEEN CREDITED WITH R750 THAT WAS DEBITED WHICH WAS NOT SUPPOSED TO BE DEBITED.

  59. dear african bank iam facing a problem four month ago you sent lawyer from coombe.ass to make the arrangement by paying you i did that but the problem is every month i always receive a call from african bank saying iam not paying my accounts so where does the money goes to and why is nt reflecting to the system that iam paying my accounts . i do have bank statement that prove that i do have paid for the past four month so what must i do must take this to my lawyers just to investigate or wait for your response
    thank you.

    • Perhaps you should get the assistance of a Debt Counsellor in addition to talking to African Bank directly. You can find contact details for both in our Service Directory Section in the Magazine each month.

    • I am having exactly the same problem as the writer above. My account with African Bank is paid up but I received a statement from Flemix (was Coombe and Assoc) informing me that I am still indebted to them for quite a large amount which they claim are Interest charges and commission which I have been charged by both African Bank and Flemix every month after deductions were made off my salary….I have just emailed NCR to see if they can assist me because I feel Flemix are taking us consumers for a ride.

      • You should talk to your employer about questioning the EAO/ garnishee order on your salary (if that is what it is). The courts have made many changes about these matters. The NCR will offer you advice (it just takes some time for them to get back to you).

  60. Hi, I bought a car new a year ago, I have had some major problems with the car specifically now leading to a replacement of the drive shafts. Locally the dealer has no real idea what they are doing and have been coming up with excuses for the better part of 8 months. How long is one protected by the act? What route does one take.

  61. This Coombe is really not proffesional they send their staff to my work without informing or calling me to the court so when I saw the money i emailed them that they must reduce that amount becoz i cant pay ,,They never respond my email the only thing they r doing they r deducting nd i can see they read my messages the r really not good maan.

  62. THESE PEOPLE EVERYTIME THEY ARE DEDUCTING ,MY BALANCE ITS ACCUMULATING ,NOW MY DEBT IS TRIPPLED AND EVERYTIME YOU WANT THE STATEMENT YOU WILL HOLD FOR 30 MINUTES WITH NO LUCK .

  63. I need some advice regarding my credits, I have affordability problem I need advise or help to consolidate my debts into one account becouse I have a problem regarding to pay for my credit without being blacklisted. Your assistance in this matter will be highly apreciated

    • It is a tough situation to be in. We have many Debt Counselling firms listed in the Service Directory section of the magazine each month. Perhaps you should look at settling your debt without taking further expensive loans. Debt review might be the way for you to go.

  64. The coombe & associates is the big problem this month start deducting the money in my salary i don’t know where i owed the new name Flemix they said i owe R4731 92 not calling me or speak to me or send their rep to me ,THEY JUST start deducting 647 unexpected the balance R14 094 i to department to find the copies i found the forms signed by somebody there fodgered my signature and some of my witnesses signatures.Pls we ask government to help us we are suffering we have school children not a person took all my money by GARNISHEE.combeeeeeeee kill us.

  65. MY ACCOUNT HAS BEEN PAID UP BUT I STILL DID NOT GET A LETTER TO SAY MY ACCOUNT HAS BEEN PAID IN FULL. tHEY GARNISHED MY PAYSLIP WITHOUT MY PERMISSION. LEGAL WISE HAS EMAILED THEM ON NUMEROUS OCCASSIONS BUT NO RESPONSE.

    • Shocking. Firstly you should check where that garnishee order was granted (what court). Is it near where you work or live? If not Speak to a professional as it may be invalid.

      As regards the Amount: You should query that amount if it is wrong.

      You should only ever have to pay back double what you owed ( IF you don’t pay faster than the interest portion- otherwise you should be paying less than double by the end.)

      Even if you pay back over years and years and they add lots of interest you should only ever pay R60 000 Max.

      In your situation you should speak to a professional about getting the extra funds owed sorted out( Maybe a Debt Counsellor or Attorney).

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    • If you have others in your household that are earning or if you are claiming unemployment while looking for work you may be able to take advantage of the debt review process and should contact a Debt Counsellor at once. Act quickly to reduce all your unnecessary expenditure at once. If possible take big steps to reduce your expenses by moving in with family or friends till you get back on your feet.

      You can find access to a Debt Counsellor by looking in our service directory section of the magazine each month. (Near the back of the Magazine)

  68. I ve been trying to contact your offices i have a problem i have been paying and paying over and over and this money is taken from my payslip and now if i cant get hold on of your offices how can i know what is happening ,,,,i think this is too much

  69. 40000******* JGH Taljaard I’d 59************
    Afternoon I am under dept counselling and according to information the above account are being paid up and I also had paid extra amounts into the said account. I would like you to close this account and to refund me for any overpaid monies I was never informed that the account has being paid up. Monies due to me can be paid into my absa bank account 92******* JGH Taljaard
    2.) The same with account number 40000**********
    Also supply me with a letter stating that these accounts had being settled and close
    Regards
    JGH Taljaard

    • It seems that you need to discuss this matter with FNB or your Debt Counsellor directly. Many creditors contact details can be found in the Directory Services section of the magazine.

  70. Hello
    I opened a vodacom contract with Game Stores on 12 February 2013. The phone was faulty and did not have any network which I was reporting and going to game on a daily basis. On the 6th day of opening the contract(18 February 2013) I returned the phone back to game stores and cancelled the contract. To my suprise I am still being billed by vodacom and the amount is now sitting at R4800.00. Between February 2013 and now (July 2013) I have been going to Game stores on a daily basis to ask them to rectify this error and they are refusing to assist me. When I phone Vodacom, I am being told that it is amtter that I have to sort out with Game Stores. Please assist me, my life is being ruined unnecessarrily and Vodacom wants to blacklist me.

    • It would be best to make a video recording of your next visit to Game/ vodacom. You might need this latter if this matter ever goes to court.
      Also send / hand them an official letter detailing the situation. Take 2 copies. have them sign receipt of one and keep it.
      You now need to discuss this will the Consumer Protection Office (once you have that letter and video).

  71. Hi, I’ve been trying to phone all the provincial numbers, but nobody is answering any of them…….. looking for the nr for the eastern cape because the nr here does not work….

  72. Hi.
    My Blue Bean account no. 5xxxxxxxxxx7. Could you please send a current statement for my account to my e-mail address provided. My cell – phone number is
    084 xxxxxx7. I have not received any correspondence on my account for awhile.

    Kind regards

    Mrs. A.F. Le Roux.

  73. I was one of the people who had approach Bornman and they handled my debt. A 10% was deducted every month from the money I paid in. My case was taken over by New Frontiers Debt Councillors and my case was never heard in court, instead I have lost all my assets. I have cancelled my debt review and now my creditors need a letter from Bornman stating that my debt councilling has been cancelled. How do I go about getting such letter and how do I go about claiming the 10% back which was deducted in error.

    My Id No.: 72xxxxxxxxxx
    Please help

  74. Good Day,

    May i kindly request that you send me a formal letter on how much do i still need to pay. My HR department requited that so that it won’t go through the next month if i am soon to pay. May Ref no: C01-xxxxxx, please send me the statement so that i now how far i am.

    Hope this will be done soon because i phoned on the 16th and requested the statement.

  75. I owed SA multi loans R2980 but Coombe and associate gurnished me R7700 whcih I am currently paying and to my surprise I am trying to call the to get how much is the outstanding balance and the telephone numbers that is on the summons are not working. I want to settle this because I have been quering the amount and no body is willing to tell me how did they arrive into this amoun. I also need to ask where can i lodge a complained about this charges.

    • It might be best to go back to SA Multi LOans and ask them for details.
      By the Way…due to section 13(5) of the NCA if that loan was recent they can only make you pay back twice the amount that was on the summons (or less). You may need to go to court and get some of your money back…

  76. On 21 April 2008 my bond started with Imperial Bank or so I thought because I purely had a bond loan agreement signed with Imperial Bank on the 17th March 2008. I even received bond statements from Imperial Bank on Imperial Bank letterheads only to find out on the 20th July 2013 that I infact had a bond with Nedbank since 21 April 2008 without my knowledge because amalgamation between these 2 only took place 16 April 2012 on my bond statements. I also have all proof in letterhead bank statements as well as bond agreement. I urgently need assistance on this matter…

    Yours Kindly
    Beatrice Turner

  77. Hi Zak
    Thanks for this info. I wonder why DC’s were not invited? Anyhow, I am gonna try to sneak someone in – will let you know. Regards Annora

  78. I would like to cc you in correspondence to ABSA bank, Marais Muller Yekiso attorneys and the Burger about us being threatened by a “syndicate” who bought our property at an auction. I am fearing for our lives as they are increasing their tactics…I have a 4 and 5 year old girls who are anxious about the “uncle who kicked our door and wants to take our house”. I am afraid something will happen to me.
    Kindest regards
    READER

  79. Is your info correct that the NDMA being funded by the credit providers? The info I received via the grapevine is that the CP’s have/are in the process of terminating their affiliation with the NDMA and so too the funding.

    The function of the NDMA also changed and is according to my knowledge not anymore the body you described in the article, they are now ful on involved with ADR and in actual fact became our competition.

    • We too have heard that their portfolio is changing (and their funding) and that we can look forward to them being more of a standard ADR…we will just have to see if they still try offer debt restructuring (which is the arena of a debt counsellor) or if they only handle disputes.

  80. Hi, I am currently in debt review but am not happy, reason being, I started off owing R58000 and two years later I am still owing R58000, this is after I was told I would be debt free after thre years.
    Is it possible that Old Mutual takes over from them…..please help…..desperate.

    • Since Old Mutual area credit provider they cannot help restructure debt they or their agents are not allowed to.

      Is your debt restructuring court order in place?

  81. Good Day,

    Could you please help? I would like to go off debt review but because I have been on for a few years. I would like to know what will happen to the areas would the total be divided and ad into my monthly installment? Could you please let me know?

    • Natalie,
      You will need to talk to your Debt Counsellor directly about that as they will know you account status and what your court order says.

      Please be aware that the NCA does not actually make allowance for ending debt review early though most DC and credit providers are happy to come to some sort of arrangement.
      it is VERY important that you do not simply stop paying…this can cause a lot of trouble.
      Talk to your DC about it for more info.

  82. Well I never, now they will experience the same issues we have with s129’s apparently valid for 6 months, s86(10) terminations, court orders ignored, COB’s late, late opposing of debt review matters, legal action taken when the consumer is not at fault etc etc etc. Maybe now as they are a body established to assist creditors the matters consumers might benefit. Maybe now the creditors will abide by the rules or will this again be a case of nepotism and only the ‘selected” few will benefit to try and force other debt counsellors out of business?

  83. I have been paying R800 to Coombee now Flemix inc since July 2012. This was after an agent came to my place of employment to submit a garnish order. I asked the agent about the details of the debt, but the reply was “I don’t have the details, I’m just a messanger”. The agent left. I got worried because as far as I knew I did not owe anyone money. I phoned all the numbers I could find. It took me two weeks to eventually speak to a representative of coombe. I told her that I need to know who do I owe so that I could settle the debt.

    The lady promised to find out and come back to me, which never happened. I left the matter as it appeared to be a scam to me, it actually is still a scam to me. In June 2012 my employer showed me a document that said I must pay R800 each month. The employer had no choice but to do it.

    I kept searching for ways to contact Coombee and eventually got hold of Carla Minnie via e-mail. I requested for a balance and she sent me a balance of R7 000. I have been paying since then and I still am.

    When I try to use the same email to contact these people, it rejects. I have now learnt that they have changed their name. Please, can someone help us. This is theft. If I owe you , you will tell me traight and I will pay accordingly, not what is happening here.

    I am convinced that I am paying my money into a scam account and it hurts. These people must be arrested.

    Please Help

    • As you mentioned they are now known as Flemix.

      It is possible that you are paying too much or have paid more than double the debt (at the time of your default).
      You need to talk to a professional about this.

      Try one of the Debt Counsellors in our service directory section in the back of the mag.

      Hope they are able to assist.

  84. I am currently renting an apartment and the contract states that i would be charged for all the services, and the rent will increase by 5% every six months.please advise if this is a fair practice. There was a renovation going on in the complex and i was charged for those services is it my responsibility or the onus rest with the owner. this sounds like a reap off to me. could anyone with the expertise in the field advise.

    Thanks,

  85. As of the 02/08/2013, i have been placed under debt review and relevant documention (17.1) was forwarded to you relating department.
    With this being said, there was an attempt to debit my bank account with the installment on 26/08/2013.

    Please advise why this is so?

    Regards
    Kyle Jacobs
    074 xxx xxxx

    • Hi Kyle,
      You will need to talk to FNB directly about this.

      It is still quite common, it involves the banks sophisticated systems actually not been that sophisticated in some regards.

      Which is why most DCs still recommend that consumers move their money (pay each month etc) to a bank not involved in their debt review (to a cheap savings account).

  86. This is how it works with debt, please study and inform the people of South Africa. You can join a vast number of earth’s population, those that are aware of the purpose of money as a tool to enslave, to harvest the energy of mankind. Or continue to enslave us on behalf of the cabal. I trust that you will be able to find integrity and honesty in this difficult time. The world is not what you thought it is or was.

    http://www.miraclesandinspiration.com/news_the-end-of-economic-slavery-has-arrived.html

    “In effect, these banking institutions are lending you your own credit and then charging you an exorbitant amount of interest for the use of it. If you default on a loan, the banks or the corporations then have the legal right to confiscate your home, property, car, etc. or take you to court for payment.”

    All Rights Reserved
    Henry Oliver

  87. Coombe Associations made a garnishee on my salary where they claim i owe some company 6 000 but i have to repay 22 000 whcih I am currently paying how is this possible? could you please contact me regarding this rediculous amount which i still need to pay.

      • dear Editor
        i have a problem, in 2004-2005 i had a loan with SA Multiloan which i happened to struggle to repay as i had overcommitted myself. an agent was sent to my workplace where i signed an agreement to pay the remaining amount + interest. the deduction resumed in 2006 february, and ended in July 2006, on my payslip it was ONECOR and was deducting 300 pm. to my surprise in 2013 around august the HR Practitioner came to me and informed me that they received a garnishee order for implementation. i requested them not to implement so that i may make a follow up, of which i did and the people said they were acting on behalf of SA Multi loan. i quickly took out the PERSAL payslips showing them i had finished to pay that company. they went away after i confirmed to them that i only had one account with their client and the monies were collected by ONECOR. to my surprised in march 2014 a garnishee was implemented with a different name. De Beer & Klerk. i tried several times to contact them as well as ONECOR as SA Multiloan is no longer in existence. i am so frustrated because of this and therefore need your assistance.

        • You need to talk to an expert in these matters like Cape Debt Clinic.
          http://www.capedebtclinic.co.za/

          Although the account is from before the NCA came into effect and thus is not regulated by it collections practices are governed by other laws and there may be a way to force the hand of these attorneys.
          The other solution is to try get someone you know (or yourself) to their offices every day for a week to pester them into contacting you. If you give them correspondence then ask them to sign for it and keep a copy yourself (signed by them as received).

          Now that the postal service is running again…kinda.. you can send them a registered letter with your complaint.

          ps. which court was the garnishee order granted out of? Do you know? Do you have a copy?

  88. Good day
    there is this company called Mobimoola, i subscribed with them for when i’m in need of money. now the problem is that i sent a cancellation on the 08/08/2013 they never responded and they are deduction money from my bank account and when I call them thye give me the run around.

    what are my options??

    • Hi,
      Are they registered with the NCR or with the MFSA? You could complain to either bodies but will need paperwork to show that you have already complained to Mobimoola.

      Otherwise the Provincial Consumer protector might be an option. Under the CPA a consumer can cancell a contract within a few dys..they are jujst trying to milk you from the sounds of things. Complain and request a termination in writing.

      Another option:

      You can pay the bank to stop the payments for a few months (it is called a stop payment but is not the same as a stop order). But..who wants to pay money to save money…???? Oh Well.

      Feel free to call and pester them non stop about the matter but maybe take it to the next level with the NCR or the micro finance association or CPO.

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  90. Dear Sir/ Madam

    By way of introduction I am Tiffanae Abrahams (Suerga).

    This is email is with regards to a dispute I have with MTN Service provider, they have debited my account with a large amount and when I call in or go to the branch they are not able to assist me with a proper reason..
    I called MTN again on Saturday due to the fact that they have blocked my contract because of me reaching my credit limit ( I do not have a credit limit) with them. I have requested the contract which I had signed and according to my knowledge there is not specific credit limit which reflects on the contract.

    They told me over the phone that will be debiting another huge amount end of this month which I totally disagree.
    Please could you kindly refer me to the correct department or contact person to assist me further. I went to MTN yesturday and the asked me to wait till wednesday, i know i am correct regarding the charges…. and now ens of september they want to debit R1900??? and no one can give an answer.

    Kind Regards

  91. I need to know the Coombe &Associates whereabouts and their contact details, I have decided to resign at work due to their massive amount they deduct from my payslip, they deduct R1500 and I end up remaining with R560 on my bank account. Please help guys.

    • Rather talk to your employer first. They may be able to help you reduce the deductions.
      Coombe are now basically going under the name Flemix.
      Discuss the matter with Flemix (Coombe) and ask them also to assist you with reducing the amount.
      Either that or perhaps talk to info@thedci.co.za for some assistance investigating the garnishee orders

      FLEMIX contact details:
      Contact Persons:

      RYNHOUDT JACOBS & JEFFREY LAMBERT

      Street Address:

      Suite 1, Old Mutual Building
      Cnr Waltloo Rd & Flamink St
      Silverton
      Pretoria

      Postal Address:

      Postnet 20
      Private Bag x19
      Menlo Park
      0102

      Tel.:

      (086) 126 6623

      Fax:

      (012) 803 6680

      E-mail:

      pretoria@flemixinc.co.za

      • This is griffiths jabulani mtshali ID nu 74xxxxxxxx why is my debt is not finish my number 071xxxxx19 since paying for 5years answer me

        • It could be due to interest and fees. However it is important to note that if you add up all your payments from when you first missed a payment the amount can never more than double.
          Eg. If you owed R2000 you can never pay back more than R4000.

          You will need to ask Coombe/ Flemix for a payment report/statement of all payments ever. You will have to be insistent as they have a reputation for being slow to provide such.

  92. Coombe and Associates tricked me – they also told me that they where going to deduct my debt from my savings account to my surprise they garnisheed me at least they where found out happy they wont do this to anyone else

  93. …comment shortened…

    Just to shed some light on the matter, it was a debt review application which was initially argued on the merits, and subsequently granted in favor of the consumer. The Appeal was lodged on the fact that the Application did not comply with rule 55, and furthermore the period over which the vehicle asset finance agreement was re-structured did not make economic sense.

    After the successful Appeal the judge unsurprisingly referred the matter back to the Magistrate’s Court for proper determination, and furthermore gave some clarity in respect of the re-structuring of a vehicle finance agreement, and if not done in accordance with industry guidelines, the vehicle should be returned and sold by the credit provider.

    Due to Applications not complying with the court rules and proposals that does not make economic sense, cost may in future be ordered against debt counselors.

    This comment should not be interpreted as an exhaustive opinion regarding the recent decision made by the North Gauteng High Court.

    Regards

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  96. hi i want to make payment but i cannot get hold of the number that was given by consultan for the dept reveiw 0861111011 i want to arrange payment for this month please contact me new number ……..

    • Have you drawn a credit bureau report and seen what your credit rating/report looks like?

      Have you considered getting help from a Debt Counsellor to sort out your financial situation?
      In line with the new amnesty and future changes to the NCA when you do manage to sort out old debt it will no longer be a factor in your credit report.

  97. To my knowledge I have been on debt counsellin for the past six yrs, and recently found out I was not granted a court order due to summons, but was not informed about it, nevertheless was still making monthly payments to my debt counsellor in turn they made payments monthly, recently received a letter from Standard bank attorneys demanding my arrears to be paid or make arrangements to pay my full bond every month and I cnt afford full bond, or summons will be issued. I seriously need advice on how I can avoid all these legal battles. Thank you

    • 1) Talk to your Debt Counsellor. Visit the office if possible. Demand that the court order get done now. Be insistantt. If they refuse call the NCR and ask how to complain.
      2) You can get a court order even if one account has a summons especially if the summons is new.
      3) If you just got the summons you can go to court and ask that the account get put back into the debt review (section 86(11))
      4) If you are still only getting threats and not letters or summonses from attorneys then stress less.
      5) You may not be able to avoid these legal battles if the creditors don’t want to help you and want to waste their money.
      The good news is after fighting at court your attorney or yourself or your DC can ask the court to make the creditor pay ( a Costs order).

  98. )n the 9 of October i requested paid up letter for card number xxxxxxxxxxxxxxx. The letter you send me had a different card number with 2 last digits. It should end with xxxx not 3240. I spoke to my Debt Counsellor they said it should appear as xxxx.

    • This is probably because you actually can’t afford the furniture.
      You have a right to ask for the reason you were turned down for credit in writing. Take a written request for this info to the creditor.
      It might be best however to find more affordable furniture which you can save toward and buy cash.

  99. Well i owe capitec money and worked there 2010 to 2011, Then left for another post, after just a few months where i have been paying but a bit less that the normal installment. Coombee came to my new employer issued a garnishee order. they didnt even ask me about it, i received the copies from our payroll office.

    they deduct the money on a monthly basis, but my question here is on my credit record on a monthly basis it still ssya in arrears, why is it so when they collect the money on a monthly basis, shouldn’t it be stating paid or something rather than a red mark.

    Or are they not updating our records with the ITC.
    Regards

    • Well, you should speak directly to them for that info.

      The “red mark” as you call it refers to the judgment that was granted against you …which allowed them to then go and get a EAO (sometimes called a garnishee order).
      With the upcoming credit amnesty that might disappear however even though you have to keep paying.

      You should try to get copies of the granted judgment and the granted EAO to check that everything is above board.

  100. Two weeks back, I received an sms stating that I`m owing 13oo. I want to settle my account. Please assist, but I never received there tickets,I wonder why?

    • By law they even have to serve you with documents. You can contact them ask for the proof of the fines and make arrangements to pay (or fight it).

      Beware of scams.

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  102. its possible for me while i am in debt review if i need settlement i should find settlement by my own i need to pay all the creditors i owe or should i go to the creditors to find settlement,my no.073xxxxxx

    • We hope you can get to settle some of the accounts. That woudl be great.
      It would probably be best to work through your Debt Counsellor rather than go direct (unless your DC has specifically asked you to do so).. Why not give them a call and see if they can assist? If you get through to the wrong person at the creditor (say a collections agent) you might get incorrect info and end up wasting money. Be Careful!

      • Already tried to speak to African NELSPRUIT they told me they can’t do anything
        Then I went over to debts counseling but still you take payments off did ask for payment to pay back in my back after I contacted African bank debt counseling and got no response

        • You should deal directly with your Debt Counsellor as they know exactly who to speak to in the African Bank debt review department to resolve these issues quickly.

  103. Hi, We were under Christo bornman since 2009 and soon after our vehicle was repossessed in 2010 from THEIR non-payment we were moved to DC partners. How do we know if this 10% affects us as they have requested bank account details. Thank you

    • If it was back in 2009…in all likelihood you were paying the 10% extra and should be refunded. Contact the company where Christo worked and ask for some additional info. They should be able to help. Hopefully you will get those funds soon. If you … please let us know.

      • Hi, Christo Bornman requested our bank details but has informed us now that they owe us no money but yet there is for 11 months 10% R620 of R6200 which we had questioned him from the beginning about as it was not accounted for. We transferred R6200 into Bornman & Associates and they only put in R6200 – R620 into the distribution account which then showed the PDA fees etc and distribution to creditors which was often irregular. I had during the first months of dealing with them through correspondence even sent Bornman & Associates the Pie graph showing that with the PDA and unaccountable R620 – 25% of our instalment went towards fees. He said it was correct.

  104. Good day. Iam trying to phone your debtreview dept, but the number doesnt even ring. I need to get bank statements. From 2007 till now. My ID nr70xxxxxxxxxx.
    Kind Regards
    Rudolf Viljoen

    • Hi Rudolf,
      You will need to contact FNB directly for this sort of info.
      You can go into any branch and request this info. Be warned you may have to pay for older statements. (Which is why it is always good to keep your statements in a file somewhere or nowadays get it mailed to you and back it up somewhere)

      It might be best to work through your Debt Counsellor on this one. Why not call them and ask if they can give you the number of a contact person at FNB?

      • Good day,

        I want to fo under debt review, however have no idee who to trust and who to contact. Can you please help

        Regards

        • Hi Johanette,
          Choosing a Debt COunsellor can be tricky.
          Here are some things to guide you:

          1) Do they have a sticker at their office from the NCR?
          2) Do they have a certificate from the NCR on their wall?
          3) Do they use a Payment Distribution Agency(PDA) ?
          4) Do they use a firm of Attorneys to help with the court stuff or are they able to do all that themselves?
          5) If they ask for money up front (other than maybe the R50 application fee – which is fine) then do not use their services. They should receive payment via the PDA at the end of the first month.
          6) Do they have a website and social media pages?

          These are some things to look for. There are other things as well like….do you like them?

  105. I have tried contacting coombe/flemix for the past month who issued my HR manager with an court order that was over a year old,and at the end of the month she deducted R1898.35 from my salary :(.Which is not my origanal instalments.Is ther someone out ther that can help me!!! I’m now behind with my rent and schoolfees.

  106. Please can you help I am trying to get hold of a debt review company based in CapeTown I have no contact details for them and they deduct from my account every month I only have a fax number for them, the sms I receive from them does say DC – Your PDA Partner.
    Thanks
    Lalitha Sibbring

    • Lalitha, The deduction is by the Payment Distribution Agency DC Partner (who are forwarding that money to your creditors under debt review) they can be reach on:044 873 4530 or 044 873 4440 or 044 873 4522
      You can also speak to the NCR to try find out who your debt counsellor is (unusual that you don’t know or have paperwork from them) on 0860 627 627.
      Hope that helps

      • By legal right no one can deduct money from your account if you didn’t give them permission to? let alone a stop order- that must be signed off by both parties, am i right in saying so?? so why is it that a stop order has been arranged of R2500 from my account i know nothing of it- no forms was signed, nothing!!! who is this people………….

        • If they have deducted money this will be because you have signed a mandate during the debt review application process. AS you mention they will not deduct money for no reason. If you are confused about which PDA /Payment Distribution Agency you are using for your debt review then please chat with your Debt Counsellor. It seems that it is DC Partner in your case which is one of only 4 NCR registered parties who are allowed to help with these sort of transactions on your behalf.

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  108. I’ve been asking for my settlement 2year i have’nt receive it why is that you keep on promising that you will email it but nothing happent,shoul i go to Press or Speak out or lawyer?

    • You will have to contact Coombe/Flemix directly. It is unclear if they check this site for complaints. It might be best to seek help from a Debt Counsellor who might be able to help.

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  110. Good day,

    I have received very bad or no service from the Amritz lodge in Boshoek in the NW province after paying the full amount. We were not allowed to check in, even though we had spoken to the owner about a late check in. She only told us at 22:51 that the maximum check in time is at 23:00 and she hung up on us and we had had to sleep in the car in the middle of nowhere because of the bad service we received. I paid 2250 rand and did not have a bed to sleep in. Please contact me or let me know where I can complain to. Kind regards, Nora Joachim

  111. I had a loan for 6000 at SA Multi loan whn I’m left with 2700 I had financial crisis and after 3 to 4 months I got gunished of 1000 every month without even been noticed before so now after 9months of gunish when I demanded a settlement it came out with the balance of 16000 I fail to understand how and flemix its stil gunishing me even now please help

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  114. I would like to find out, when a garnishing order is granted, how long is the period in which you normally have to pay the garnishing order. I have been paying a year now, just wanted to find out if the period will be longer. The amount that I worked out, this including the actual debt and interest totals R 10608.32, and I have been paying R 883.93 per month for 12 months now, which in total equals R 10607.16. The outstanding should be R 1.16. I don’t even think they are just going to detuct that small amount, but I fear they may charge another 60% interest on the original amount for paying more than 12 months. Is this even legal? I mean, just for R 1.16?

    • It depends on the interest amount (which on a garnishee order should be something like 15.5% but you should check the order to find out for sure.
      You should contact the firm doing the garnishing and ask for a statement so you can check. Often they abuse the system and charge very high interest and still ask you to continue to pay even after you have exceeded the legal limit (in duplum/ double your original debt amount owing when you started missing payments). If you feel you have paid the debt off and they still ant more money then begin to pester them daily or twice a day for a statement and the original court documents and maybe contact a debt counsellor for assistance.

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  116. I have been on debt review ( 2012 ) , I then received a 17.4 form but not signed at all , I now need finance , the banks still insists that iam not yet out , so how best can I be assisted , who else can help me out ?

    • You should contact your former Debt Counsellor (maybe go in to their office) and simply ask them to sign the form. Then send it to the bank and they can follow up. You will also need the DC to update the NCR’s datatbase program (debthelp) which updates the credit Bureaus.

  117. The Judge was clearly under stress due to work pressure, the fact that she is a single parent, the only breadwinner and also has been hijacked twice.Some white males has a long history and tendency of of disrespecting female colleagues especially, those who are black, successful and in positions of authority.

    It is my wish that the judge should be reinstated after receiving debt counselling and treatment for the physiological trauma she had to endure.

    • Hi Angelique,
      It will kind of, just ‘happen’ to your credit records when it rolls out.
      Due to the changing proposals it first seemed as if only those with smaller debts would be affected but later that everyone would be affected.
      At present all we know for sure is that if it does go ahead probably some of your negative information will disappear.
      (although the debt will still be owed and payments will still need to be made – don’t forget)

  118. they are a bunc of thiefs robbing poor people i have sent countless of mails to them i even called them all they did was make empty promises that they will call back but neva did in total i am paying 3 times more than wat i was paying someone needs to put a stop to this coz at the end of the month i have almost nothing left wich is sad

    • Marcus you need to get some legal or debt counselling help at once. You can even go to court to ask a judge to reduce the amount you pay them each month. Contact them every day to ask for a reduction in the payment amount if you cannot afford what they are taking. Send them emails, letters, sms’ and call. Go visit their offices do whatever it takes.

  119. I was garnished by Coombe & Ass in 2011 which i paid in full as per what they wanted. That account wasn’t remove from my ITC and in 2013 i was garnished again by them. They used the same documents of 2011 just got it stamped at the Cape Town Civil Court. I phoned them and asked them what the reason was for the 2nd garnishee i was told to email them which i did im still waiting for a proper answer.
    What can i do about this.

    • You could approach the law society or the SA Police (fraud) or even the courts (which will be stressful and tricky but will sort the situation out for sure). First though you must communicate with them in writing. Consider sending a letter via registered mail to them and then sending regular emails and making phone calls for about 2 weeks (each day) to follow up. Keep a record of your communication and then consider getting tough and taking more serious action.

  120. How can the workshop make use of Johan van Zyl as a speaker? Due to his poor service delivery many families are in an even more financial crises than ever before. Please people he isn’t what he appears to be; Investigate ! He blames other people he works together with for payments not made on behalf of his clients. There have been cases registered against him at specific organizations for unprofessional service delivery.

    • Thanks for raising these issues. I am sure the NCR will act accordingly if the cases are awarded against Mr van Zyl. Unhappy consumers can always approach the NCR with a form 29 complaints form if they are unhappy with their Debt Counsellor.

  121. The Eastern Cape High Court came to a different conclusion in the matter of Nedbank Ltd v Ngqeleni and Another (1524/12) [2012] ZAECPEHC 44 (10 July 2012).

    I have used the above case authority with great success in the Pretoria High Court.

    • It has started already this weekend. The first part of the sale is only 50% on items but then the discount will increase even more ( and the likelihood of finding stuff in your size will sadly decrease proportionally)

  122. my husband lost his job (company just closed overnight) and he went to african bank to tell then about it and he was up to date at that stage. they kept on with a retrenchment letter that he needs. how must he get a letter like that when the company just closed and the owners phone is just off all the time. the owner deducted tax and uif and never even paid it in!!! so how do we get that off his name as it has now been almost 2 years and we are getting sms’es from lawyers as they never passed the insurance claim! he was insured against that

    • Hi Lynne,
      What a pain.
      As i understand it this was 2 years ago.
      This will mean the time to claim on insurance will have lapsed unfortunately.
      Also please be aware that the insurance on the account probably would only have paid the minimum installment amount for around 3 months (not all of the debt).

      If they are now offering to reduce the amount you owe by a few installments if you produce such a letter you may need to provide them with a sworn affidavit. The SAPS can normally help you with such an affidavit (which may or may not be enough). You could simply go to a police station and ask for some help.

      The good news is that this bad debt status will soon not show on your credit bureau report directly however you are still liable for the debt (particularly if they summons you etc).

  123. I’ve been garnisheed by Flemix..I owe R10987.02..I’ve started paying them from April2013 until now.It says on their court letter that interest of 60% per annum from judgement date until to date of final pay will be paid, and with cost R3202.02 will be paid wich will escalate on a yearly basis with a 10%.When I asked for a settlement ,they say I must pay R19200…How possible is that.. These Flemix are croocks

    • I’m garnished R950 a month from April until February I’ve already paid R10450.How possible I still owe 19200????

  124. Is it true? I got default which is active till 31 January 2015 but I have settled all I was owing African bank? & what about debts which were handed to legal from 2007?

  125. I’m curently under debt review,I so much want to apply fo a houseloan,will I also get Amnesty like others from 1st of April’14?

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  128. We are under debt review me and my wife and have been paying our debts every month but some of our creditors have listed us on credit bereaus as not paying. My question: Is this going to influence our credit status when we apply for new credit? One company has even listed my account as wrtten while they were being paid through our debt review application? I really need an answer please.

    • All adverse information will have to be removed when your clearance certificate is provided to you, your creditors and your status updated via the NCR to the Bureaus. They will remove any information regarding the debt review and any adverse listings that no longer apply.

    • I already paid up my debt I had, but I cannot get credit because of the arrears I had during the payment but it due to the unemployment by the time, and the things is should I not get financed because of my history of payment, if I want help who should I contact.

        • If you miss your payments then your debt review will no longer apply and you could lose all the benefits you have gained up till now.
          You should immediately talk to your Debt Counsellor.
          You should perhaps make a plan to sell something to help cover that cost if it is only a small amount that you can’t make.

  129. I think this is the best news ever. I work alone and my rental is basicly my whole salary so their is no money to pay my debts or groceries. I am still contacted by companies for old debt goibg back to 5years. Not all south africans situations are the same. Thank you for the relieve.

  130. I need to know why do i have to pay for this changes to the Attorneys, or is this to make money, if they now that we cannot afford to pay from R240.00 – R1050.00 to clear my name. I paid all my creditors my self form year 2008 to date. please assist me with this matter.Please advise

    • From now on you will not have to pay attorneys (most of the time unless there is a HUGE dispute) to get involved. This will automatically happen. Isn’t that great?

      If you are not happy with a listing you can contact the bureau or creditor and ask them to sort it out.

    • I trust that some of my questions are answered in DIGI Mag. Such as, If you are not informed by the bank that your debt has been sold to lawyer firms, where do I stand? Bank tell me that I should have given them change of address?

      • The bank are correct in saying you have an obligation to let them know if you move. It will be in your contact with them (by the way it is also part of your car licences requirements as well).

        That said, they always manage to contact you to try collect money somehow…just not to inform you of legal changes or threatened court action…(often).

        What you need to know about your debt is:

        When last did you pay or confirm that you owe them the money (was it less or more than 3 years ago)?
        Have they issued a summons?
        Have they sold the debt to the collections firm or are they just outsourcing collection?

        Armed with that info you can either pay up or fight.

      • I paid my accounts and I received a letter of payments bt still my name show as a slow Peyer I contact Transunion they promise me to help me to clear my name bt even now I didn’t see any changes

      • Chat with both the NCR and the credit bureaus. If you have paid up a credit provider ask them to remove any bad status which may have been associated with the debt before (like a judgement).

  131. Hi, my debts have all been paid late last year and would like to find out if I also do qualify for the amnesty and if so, how will I know if it’s removed?

  132. I had 2 clothing accounts. Due to unemployment I failed to pay them accordingly. 2 years after securing employment, I settled them. I wasn’t listed and had NO judgements. Only arrears accumulated appear in my credit report. The accounts were also handed for collection to attorneys. I’ve been battling to buy on credit or to apply for credit. What does credit amnesty mean to me? Are they going to remove the “slow payer” mark on my name? I was also told that from the day I settled the accounts, the arrears will only be removed after 24 months. Does this means that I won’t be able to buy on credit before the end of 24 months?

    • Good news the “slow payer” mark is indeed about to disappear (if it has not already done so).
      This will no doubt be good for your credit score.

      You can still apply for credit no matter how bad you were able to handle it in the past. Creditors just have to evaluate if you can afford it NOW based on your current situation.
      If you are refused credit you are within your rights to ask the creditor to provide the reasons in writing. This will help you either to complain about it or sort out the concerns they have.
      You cannot force a credit provider to give you funds but they also cannot discriminate against you for a variety of reasons as per the NCA.

      • Hi,

        I just spoke to TransUnion and the someone at the National Credit Bureau confirmed it to say that the Credit Information Amnesty only applies to when you have a judgement against your name and you have paid your debt in full. If you have a ‘slow payer’ listing against your name (that was not a judgement) – this will still remain on your name from the time you have paid until 24 months thereafter. Am I the only one who thinks this is STUPID??? The person at the NCR says it’s because it’s to show other potential creditors what type of risk you are and is relevant to your credit history… AND A JUDGEMENT IS NOT??? Isn’t that worse????

        I am soooooo angry right now!!!

  133. How will I know if the new credit amnesy applies to me, I did a credit report/ score on myself last week (3rd April) and it still shows all the negative information.

    • The information needs to be sorted out over the next 3 months. Some info and consumers will be first in the queue. If after that time the bureaus are struggling to get all the info removed in time they can apply to have a bit more time. Their goal is to remove all that info quickly though. You will have to check again in a while to see if your status has changed. If you don’t have any joy contact the particular bureau and ask them why. If after that the negative info is still there lodge a formal complaint (which normally is sorted out within 21 days)

      • I just got a promotion, car allowance and i am expected to buy a car to perfom my work. i am unable to buy a car because of the debt review, i have cancel it because am able to pay my creditors as per our first agreement . i cant buy the car and i am afraid i may endup losing my job. any advise plz

        • Wow, I am not sure that was the best course (it may be the fastest seeming solution short term but might cause some serious issues). I hope you managed to talk to your debt counsellor and make good arrangements and did not rush the leaving debt review process until all parties were on the same page.

          If others are in this position please consider car rental as this might resolve the issue without causing any backlash from creditors who will now once again unleash their collections process people and lawyers to try sue you for the funds you owe.

          • Sadly because you have a poor credit score (which the debt review was slowly correcting) you may not be able to gain credit (the same as when you first entered debt review). Please speak to a rental agency and see what they can do for you. Unfortunately now that you are out of debt review they may be too scared to assist you. But at least try.

  134. I would like clarity. Some reports say only people with paid up debts quality to have their bad credit history removed. What happens to a credit history of someone like me? I’m currently struggling to pay accounts and some are currently being handed over to attorneys. Does this mean my bad history will not be removed until I pay up? And if fortunately I also qualify for clearance, but I’m handed over after the 1st April 2014, will it be a new negative history already to be entered into record? Or is this negative behaviour history records going to be abolished entirely from now onwards?

    • While some info (descriptions about how you pay) will not appear (which is good) only paid up judgements will be removed (and info regarding other accounts that get paid up as well)
      In other words: When you dont pay people will be able to see this. When accounts are paid up that info will disappear. Judgements that are paid up will also disappear. And their will be no “bad” symbols or written descriptions about your account status.

      The point of the bureaus is to show how your status is at the moment. If it is not great that will still be visible but it will not be outrightly stated which can prejudice some people who you may need to access your report.

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  136. Good day,

    I contacted Transunion and spoke to two of their agents on different days. They both told me that the “Slow-payer” mark will not be removed on my credit profile before two years even if I settled the account. Their implication was that, credit amnesty does not apply to those marked as “slow payers”. I found this a bit frustrating because I thought credit amnesty also covers someone who hasn’t been blacklisted or had NO judgement in his or her account. Been a “slow payer” might have arised because of failing to pay the an account for two or three months and as such I thought it’s not suppose to be something that bad that can make someone to suffer for two years after settling the account. Thanks.

  137. Hi,

    I was also wondering. Will it still show on my profile that I am under debt review?
    As I have to transfer to another town, I am struggling to find accommodation to rent, as the agents says the cannot assist me as I am under debt review. Trying to communicate to them that my current rent amount will be used to pay the new rent, they don’t seem to understand. I really hope that is some of the information that will not show?

    • You can call them (as you have done in the past with no joy) on 0861 886 466 and tell them you wish a form to complain on. Don’t get into a long conversation just tell them you wish to complain/ log a dispute. They will mail it to you to fill in. They make you send some proof that you are who you say you are (just to make it a bit more difficult?) in the form of a bill with your name and address on it.

      Hope you come right.

      • I can understand why you wanted to stop the debt review because the bank was not cooperating and you never got a chance to fight the bank trying to take your car at court. You may have also cancelled the services of your debt counsellor but that does not mean that your debt review status at the credit bureaus and the actual debt review status with the NCR is over. You may simply be in debt review without paying properly and without help.

        Debt Review is part of a legal process and you may now need the help of your former Debt Counsellors (as you mention to get a form 17.4). That form, however, may not mean that the debt review is gone. It may simply state that you are not doing anything about your debt review.
        It depends on if you have a court order and a bunch of different things.

        Question: have you now paid up all your debts?

  138. Please please please may I have a copy of the outcome for this case ASAP. Have big drama with SA Homeloans and their counter proposal is not economically viable.

  139. Hi

    I’d like some clarity with the credit amnesty. I am still paying my credit card which was handed over to attorneys and I’m planning to finish it off on May 2014.I also have a term loan with a bank that I am paying very well on monthly basis. I also have a bad credit profile apparently because I have many inquiries on my profile and also because I was slow to pay off my credit card. I want to know if credit amnesty will be helpful to me even if I’m only going to finish paying off the credit card in May and will this term loan affect my credit record even if I’m paying it well?

    • Once you have paid up that Credit Card your profile should look pretty good.
      As to the loan- when people give you credit they like to see you already have some credit…so…thats not a very bad thing.

  140. Hi again

    According to my credit report, I have a negative record because 1. I have many open accounts (which 4 of them I have paid up), I have a high number of inquiries on my profile and I have one account that is overdue (the credit card), however I have no judgements nor defaults… What I’d like to know is if the credit amnesty will be able to remove the above mentioned negative information about me?
    I’m struggling to get car and house finance because of it 🙁

    Thanks

    • You cant control how many people look at your record (especially if you are going around asking banks for more credit). That factor cant be helped.
      You will soon have paid up the credit card (as you mentioned) so that will improve your status.
      With no past judgments on your record the amnesty will not make too much of a difference for you in this way.

      As a word of advice- Before going and getting additional finance why not work out exactly what you can afford. Do a very extensive annual budget (meaning take into account expenses that come around once a year and add them to your monthly costs [expense/12months]) Once you know what it costs you to cover your monthly costs add about 6% to that figure to allow for price increases and inflation. Next take another 10% and set that one side for “emergencies” (a broken kettle, medical emergency, helping a family member). Now you have an idea of how much you can afford each month towards a house and a car. beware of committing to both if you cannot afford them. One missed payment and both can be taken away from you and sold on auction. Be cautious and calculating.

      If you need help, most Debt COunsellors will help you do a proper budget for around R300 once off. (Some will do it for free)

  141. I got my free credit report and noticed that even though my accounts are paid up , I still have a negative credit history.
    This was because I was on debt review and even though I paid my accounts on time through debt reviw, it shows 150 + arrears in bright red. I was informed by Trans Union that they cannot remove the credit history of the account as it needs to reflect for 24 months after being paid. Is this correct?

    • Hi K. The answer is: yes and no. They do keep the month by month record. The color red may be changed in the near future in line with the credit information amnesty. You could lodge a complaint and argue that your debts were restructured by a court and thus were not actually in arrears. They would probably change it just to make you happy at this point in time. It is a bit of a pain and some work but you might get them to do it. However remember that there are 13 credit bureaus in SA…

    • Hi D. If you have not paid for 6 years and they have not sent you a summons and got a judgment then something else called “prescription” applies. This means they cannot force you to pay that debt. In fact soon it will be illegal for them to try collect that debt. Be careful of anyone asking you to pay anything toward this debt. If they don’t have a judgement against you for this debt then you will not have to pay a cent! (but that has nothing to do with the amnesty)

  142. Hi there. My status says I’m under debt review but I’m not. How can i have this removed? I contacted a debt review company in 2011. And we did all the forms. But i cancelled the debt review as i never ever heard anything from them for months. Now it still shows im under Review. Im battling with accomodation and its becoming a big problem. I know my history is very bad. But i went through a bad time that time. But im actually doing much better and would like to get better accommodation for me and my 2 girls. We live in a 1 bedroom garden cottage. But no agent will help me. Any advise?

    • You really have two options
      Option 1
      Contact the NCR and ask them to assist: 0860 NCR NCR

      or

      Option 2
      Contact the credit bureau directly and ask for a query form and fill it in and let them investigate.
      The problem is that there are many bureaus in the country so option one may be best as the NCR can update all the bureaus in one go with their computer system.

      Whichever option you choose it is going to take a few weeks.

      Please remember that a debt review status actually can help when looking for accommodation because the agents now know that people under debt review are managing their financial affairs with the help of a professional counsellor (even if in the past they had payment issues). So the status is probably not the problem. The problem probably relates to the account payments each month on your debts as reflected on the report.

  143. hi
    a while back i took a cellphone contrac at service provede(2 contract) plus 2 acc at differnt stores i didnt manage to paid up and in 2012 i took loan + Credit card since i last payed in 2012 july and now am under debt review and i manage to pay R100 each for only Loan + credit and i took another loan at Bridge loan they also garnished me i want to know if i can be one of people who get help from amnesty please is too much on me

    • William,
      The amnesty will apply to those under debt review and those not. It happens automatically and little is required of us as consumers other than to check to see if any nasty descriptions or paid up judgments are still showing (then we can complain).

      When your debt review comes to an end your entire record will be spotless due to the clearance certificate that the debt counsellor will provide and send to the bureaus.
      It doesn’t get better than that.

      Hang on in there and pay your scheduled amount each month.

  144. If I have too may inquiries in my credit report, can that make credit providers not to give me credit? I also had accounts which went to arrears for eight and I just settled them through attorneys before 1st April. What can I do to remove the slowpayer labelling on my name at credit bureaus?

    • Getting credit is about whether you can AFFORD it or not. Enquiries will not stop you from getting credit.
      The Slow Payer wording will disappear soon (automatically) due to the change in the regulation.

  145. Hi how do i know that i qualify for credit amnesty or that my name are clean i will be thankfull if you can help me my id no is 75**********4 and thanks and have a nice day

    • Hi Gert,
      This is automatically happening for all South Africans.
      You can draw a credit bureau report in a month or two and check to see what has changed on your profile.

  146. I have faithfully fo th last 5 years paid my debt councellor not skipping any payment what so ever and this year I increased payment am I allowed to get credit

    • It would be best if you paid off all your credit before starting to get new credit (consumers under debt review are not able to get credit as credit providers are barred from offering them credit until they stop debt review).

      if you have been paying for 5 years you are probably close to being Debt free. Don’t give up now! Keep going!

      When your Debt Counsellor one day issues you with your clearance certificate then you will have squeaky clean credit record.

      • If only it worked that way. I know of people that are under debt review since 2008 and owe more now than they did when they started the process. The repayments does not even cover the interest portion of the debt. Worse, they cannot change jobs because companies do not want to employ people under review.

        • The repayment plan may have been made with Section 103(5) of the National Credit Act in mind (not a very popular plan but it can happen). This allows for the balances to grow to the point were the consumer no longer needs to pay as they have paid double the debt at the time of default.
          If the consumer did not have the ability to pay more each month then this may be the case.

          It is best to pay more if you can but as some will know it is not always possible and the Debt Counsellor can only work with the funds available toward the debt. The priority is to make sure they can feed and house their families each month.

          Also something to consider is that the creditors system may not be working out the amounts as per the court order and they may just need to adjust them…
          It may be that these consumers don’t owe more than when they started.

          • Hi. I went under debt review in 2008. I never missed a payment. My std bank and Fnb acc has risen.I owed for instance 19 000 to stud bank in 2008 but they now allege I owe 97 000 that was the last rising balance with no explanation. I wrote to the nor last year Nov still waiting for a reply. This is just one of the accounts. The Fnb rose from 20 to about 80 000. I paid so much in and they still insist I owe them. Absa does not want to give me a balance.I finished one of the Feb acc and get handed me over. Eventually after I paid the lawyer I was told that I still owe them another amount which was added after the court order was granted. My counsellor gets no reply from Fnb. Absa and std bank. I have never defaulted on payment since 2008. Help

          • HI Vino,
            The good news is that it sounds like you are talking about figures that are showing on the credit providers computers which are often incorrect or illegal.

            For example, a debt which you have defaulted on can never go more than double (or you never have to pay more than double on such a debt) due to NCA section 103(5). So, immediately, i can tell you those figures they mention are blatantly wrong and illegal.

            Besides that, your court order will set out how much you will pay and over how long.
            Your debt counsellor needs to take steps to engage properly with the credit providers along with help from your PDA.

            Can i ask: which Payment Distribution Agency do you use?

  147. My Credit providers never updated my credit record at the Credit Bureau, I applied for car finance and I was rejected due to that information, that I was a slow payer. I called the Credit Bureau to remove my name as I had payed up the account 3 months prior the application but I was told I do not qualify for the Credit Amnesty.

    Who does this Credit Amnesty exclude? How can this information be removed from my record?

    • Once you receive your clearance certificate from your debt counsellor it should take about 5 days (or less) for all info on your credit bureau report to be “cleared”. The Debt Counsellor informs the NCR and each bureau (there are 13 diff bureaus in SA).

  148. Hi William

    I had my credit record checked and it displays Debt Review. I have been paying since 2007 on my outstanding accounts (which were large). The first company owner was disbarred and the lady who worked for him, then opened her own company – whom is still handling my account. I find them rather rude from time to time and when i queried how the amnesty works, they had no knowledge of what i was talking about. Incredible, but true. I dearly would love the debt review NOT to display on my ITC record. How do I do that? Secondly, there are so many people now advertising on the internet how to remove debt review by negotiating straight with the companies monies are owed to. That was another bone of contention with the debt review company im with, when my BF paid up a few of the smaller debts I had. The lady went off in a tangent about it. It makes me nervous to think that I would not be able to have the finer detail to fine tune my accounts – debt review will cripple me by not being able to obtain property. I have managed my accounts well in the past 7 years but i still have to pay another 8 years. and originally my debt was not as much as it reflected 3 years ago. suddenly i had to pay more becoz of the previous company not following the correct rules. but when you are down there, you dont want to make any more ripples than necessary. the avalanche of harassment of calls, etc was enough for me in this lifetime. so please, i dont want it to reflect on my credit record – what must i do? thanks for reading my post

    • Good for you for sticking it out when things got tough.It will pay off when you are Debt free one day.
      In answer to your Questions:

      1) The Amnesty only removes “bad” words/descriptions. Debt review is seen as a positive not a negative. The status has to stay there to protect creditors from accidentally granting you credit while under debt review which would be illegal for them.

      2) Beware of companies who offer this service with no legal back up for their promises. You probably tried to make these arrangements for yourself years ago and you saw how that turned out. Be careful. Many consumer s have been bitten by these promises. Rather stick to the plan you have if possible. From time to time the DC and Creditors will talk about improving the calculations and speeding up the process to get you even bigger savings over time. It is a pity you had to pay more but remember with your past payment problems you were in for a lot more interest than you have had under debt review so you have still saved a bundle and reduced a lot of your stress along the way. When repaying your debts directly to your creditor it can cause accounting differences with the figures tracked by the Payment Distribution Agency It is not a bad thing to pay the debt but normally better to do via your PDA so that you can later balance the books if the creditors start making up stories about whether they got paid or not.

      Keep paying, keep up the hard work. You may find you finish debt review a lot faster than you thought because you are able to increase your payments a bit as time goes by.

      For now your debt review status is there to stay but thats a good thing!

      Besides if you need to be under debt review it also means you would not be granted new credit anyway (eg for a bond etc). When you are able to leave debt review you will be able to get new credit with little hassle.

  149. I handed my self to administration order 7 years ago and have lately discovered that my administrator didn’t pay my debts at all and as a result all the shops and banks that I owed started calling me inorder for me to pay.I am looking for an advice on what to do cause I paid for 5 years and when my balance was zero the thing started deducting all over again.when I contacted the administrator to show me the debts they have paid,she is playing hide and seek with me.What do I do to solve this and again what am I to do in order to benefit from the amnesty because I don’t have a house of my own and haven’t been able to access any credit for the past six years.thank you.

    • It might be good to head into a Debt Counsellor or Attorney and ask them to assist you.
      Before you do that go to the Administrators offices a few time and sit there while waiting for information.
      If they never paid any of the amount over then they MAY have committed fraud and could face criminal charges and disbarment etc. Be careful of making the accusation before you have all the facts though.

      Whatever happens bad descriptions about your payment history will disappear but the monthly payment history/non payment and administration status will continue to show.

  150. I experienced financial difficulties a couple of years back and was unable to meet my financial obligations to my creditors. After 2 years of non payment, one of my loan accounts that was showing +150 was removed from my report. A few month after this removal, I called the respective creditor and made payment arrangements with them. My problem now is that after making the first arranged payment the loan account re-appeared on my credit report and continued to show 150+ arrears. I have raised this issue with the credit provider and they told me that the 150+ arrears will continue to show until the full loan amount is paid up. Even after the amnesty had been effected, the loan account is still showing a long row of red 150+ blocks. Is the creditor playing by the rules?

    • Monthly payments/ non payments are allowed to show.They are just not allowed to have descriptions nearby saying ” delinquent/ slow payer/ poor payer” etc.

      • dear sir/mam with a bad payment profile who is going to give me credit?
        because banks can still see how you mishandled your account two years ago worse a clothing account and now you want a home loan???
        i think waiting for the payment history to fall away is the best and secondly this amnesty aint really helping because its just removing the headind of a bad subject but point is bad subject remains so how the hell does it help?

        • If you can afford the credit each month then you should be able to get the credit. Note: A poor payment history could however affect the % rate at which you get the credit.

    • It might be better to go see a Debt Counsellor to see if you can change your monthly expenses and debt obligations so that you no longer need to borrow money. Feel free to check our service directory section in the magazine each month for a list of Debt Counsellors near you.

      • Hi Thabitha,
        You should go see a debt counsellor to talk to them about your budget issues and your current debt. Try avoid any more debt until you have your current debt in hand.

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  152. My car is only two months in arrears and already absa wants to repossess my car. I am trying my best to get the vehicle up to date. The official from the bank wants me to surrender the vehicle. I need this vehicle to generate an income to be able to pay my debt. I will wait for the court order..hopefulle by that time my car will be paid up

    • You do not have to hand the car over until a sheriff of the court arrives with the court order. Remember you can also attend court when they send the summons to ask the judge to assist (especially if you have sent them offers in writing before hand)

      Do try to get those payments up to date or you could end up without the car.

      Speak to a debt Counsellor for some free advice.

      • My girls car got repossessed….I think, there is no report at the bank or the police station and this was days ago I filled a police report we are a few months behind can they legally come get the car and hide it with no police report can i sue for theft!?

        • Hi Evan,
          You may well have been scammed.
          If the collections guys/thieves never showed you a stamped granted court order / warrant for the goods then you have a problem. You may have simply given it to someone who found out you were a few months behind.
          Alternatively you may have given it to a cunning collections agent who simply convinced you to hand the car over.
          It is hard to know.

          • I also have a problem, I know I am way behind on my payments, I have not received any section 129 letter, I have not received summons and a collection agent comes to my house and tells me to handover my car and he tells me the court order is with a sherrif who is not calling or coming to where I stay

          • They will have formal identification (and will not mind being filmed presenting this identification. So whip out your camera phone and ask them directly if they are a sheriff of the court)

      • Good the banks phoned my mom to say they sending out a lady to collect my vehicle. My moms car and my car is on her account. She’s not working took early tirement so she payed her installment but not full amount. I’ve been paying my car but they put my payment ans put on her car installation. Now she owes R9000.I will make a deposit of R1000 tomorrow and the rest by Fri this week.Can they still take my car?Also can the banks take my car without the Sheriff of the court or with the court order that’s signed and stamped by them?Please advise

        • Only a sheriff of the court with a stamped and signed granted court order (with all your details) can take the car.
          The only other way they can get it is if they trick you into handing it over.

          Just say No

    • Hi can you tell me what was the outcome, as ABSA is ruthless and don’t give a person grace at all, I only owe them R8500 in arrears and don’t want to give me time till my wife’s provident fund pays out in the week.

      What can I do, as the/ABSA is ruthless.
      And what happens if I pay it in the week, whilst they/ABSA file for a court order to repossess my car, and its up to date, can they still repossess my car ?

      • Once there are no arrears there is no case…
        Summonses and court orders take a while. Normally it is collections agents trying to get commission for collecting a car who pressure you not the bank itself.

          • Tell them to go away.
            Video it on your phone.

            Ask them to send you written correspondence and not phone calls or visits.

            DO not sign anything!
            Do not give them your keys unless you want to say good bye to the car!

        • Hi I owe two months installments on my car and the collectors keep coming to the office asking for the car, now they told me they are going to get a court order .Would the sheriff of the court make the court order to collect my car for owing two months installments??

          • It could happen.
            Normally they try trick you into handing over the car yourself – cause that is much, much cheaper for them.

            The important thing is to make sure that the bank has your correct domicilium address (where you live) on their system so that if they do send you anything legal and official (not just collections agents) you have the chance to go to court and tell a judge that you will catch up payments.

            Have you moved since you first bought the car?

  153. Credit providers are declining my applications even if I settled all my accounts and they are updated at Credit Bureaus and this makes my life too difficult. I now fail to understand what does “Credit Amnesty” mean. Any advise on what can I do?

    Free credit report per year, does it mean each Credit Bureau can give me a free credit report in a space of a year or does it mean I can only get one report the the credit bureau that I choose and that’s it?

    • Why not live on a cash/savings basis rather than depend on credit?
      If you want to buy something larger on credit and are turned down you can ask for the reason in writing from the credit provider. It could simply be because you can’t afford more credit as you already have too many committments. Why not go to a Debt Counsellor to go over your monthly budget and expenses and see if you can adjust your monthly costs to enable you to save more.

      You qualify for one report from each bureau.

  154. I’m under administration for seven years now and still have R1500 to pay according to the lawyer. I want to apply for a loan at the bank, what will happen if I dont get the loan because of the info still listed by the bereau, can I complain?

      • So this credit amnesty will not help me. What is the difference between debt review and administration?

        • Debt Review is for any size debt and sees more money (than Admin) go to the creditor each month due to much lower costs. Debt Review payments go to creditors monthly and sees creditors charging much lower rates (even 0% in some cases)
          Administration is also done via a court order but is only for debts totaling less than R50 000. Administration payments to the creditors are done normally every 3rd month (you pay every month). Under Admin up to 25% of what you pay can go toward fees.

  155. Thanks for the respond editor, I have very few commitments whcih I doubt I’ll be classified as not affording due to them. Living on cash is good but can you imagine how long is it going to take me to have my own house and car as an example?

    However, I’ll write to credit providers enquiring why are they declining my credit applications because I’m definitely of the opinion that I afford. I used to qualify for credit when I opened few accounts which went into arrears when I was earning very less than my current salary. And my commitments haven’t changed that much. Thanks.

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  157. Well, it was in all the newspapers and also on the Parliament Channel on TV, the exposure and media coverage was widespread and all the other role players like BASA etc all knew about it…. I have serious doubts if they have a point. But in this country anything might happen, so lets see.

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  159. Please forward me the person handling my account. Presently I am in Debt Review with Debt Busters Cape Town. I would like to forward you the 17.1 and the 17.2 forms.

    • Hi Mannie,
      You will need to ask either your Debt Counsellors to provide Std Bank with those forms
      or you need to contact Std Bank directly and send them on yourself.

      You can call Std Bank on: 0861 111 402 or via email: DRApplications@standardbank.co.za
      Remember they will want to deal with your DC rather than yourself in most cases.
      You may get through to a call centre rather than one individual who is handling your matter.

  160. HI my name is still on Debt Review and i am finish paying my accounts so next year will be 5 years they said then my name will be taken off Debt Review i cant wait so long pls give advice what must i do in a situation like this.

    • Olivia step one is to trust your Debt Counsellor.If you could finish sooner they would tell you. But talk to them and ask them there advice.
      Step two is to increase your payments drastically…but where would the money come from? Slow and steady wins the race.

  161. Good Day

    I had a judgment under my name in 2011, and I have been paying it ever since. Last month I requested my free credit report and it show all the amounts have been paid and closed on my report but the judgment still shows on my credit report. Will the Credit Amnesty affect me as well cause it show that my account has been paid and closed last year.

    • It should not show any longer if it has been paid up.
      Step one is to talk to the credit provider and ask them to make sure it is removed then step two is to submit a complaint to the credit bureaus (remember there are 13 bureaus)
      You will have to wait 2 weeks or so then draw another report and follow up with the credit provider.

      Let us know how it goes.

      • Thank you for the advise, I’ve contacted the credit provider and they’ve send me a paid-up letter, were must I go to get my name cleared.

  162. Hi there ,,wow this is a good site, the real deal. I was placed under debt review in 2009. After 4 years i paid off all accounts and are left with my vehicle (R90 000 ) and one loan R27 000. I want this debt review to be removed. My debt counsellor do not exist anymore and are nowhere to be found. I contacted MFC and told them to pay directly to them my monthly installment and also on my loan. I contacted NCR and explained my situation but after 7 months still nothing. Im getting frustrated being told “ill put you thru to another department”. I still cant get credit. I phoned the bureaus and ask to log a dispute but they directed me back to NCR. Please can you advise me what to do. Must i get a lawyer of how will i get this debt review removed.. Thank you for your help..

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  164. Hi after my divorce four years ago my accounts went into arrears. I have not paid any of them up as they are large amounts. The negative information shows arrears up to nine months on most of them. Will the amnesty remove these negative remarks on these accounts? My financial position has improved and I would like to buy a home but nobody will grant me any credit due to all the arrears which I have been told the retailers update with transunion every two years. Even if I could pay up all that debt from four years ago they informed me it still will stay on the system for a further two years.

    • Hi Vanessa,
      The amnesty will not change your situation (too much) until all those debts are paid.
      Maybe you should talk to a Debt Counsellor to come up with a plan to pay off the debts.
      These debts will probably prevent you from been able to access credit for a while.
      Better to make a plan and get them dealt with first.

    • You can draw a credit bureau report.
      If you have not paid an account and been sued because of that for over 3 years the account may have prescribed and you may no longer have to pay that debt at all.

  165. i would like to find out, if one was placed under debt review 4 – 6 years ago, became unemployed for about a year, couldnt pay the installments. once started working again, approached the debt councellors and asked for the schedule again, they advised they werent going to give the schedule until i paid all the counsellors fees up to date, havent paid any installments for 3 years as felt that it was their responsibility to give me the payment schedules of which creditors to pay and they out right refused. have not been contacted by any of the creditors, would you please advise what i should do in this case, would the presribed debt apply to me aswell?

    • have they been offering you debt review services for the last few months…(doubtful).

      Did they issue a form called a Form 17.4 at the time you stopped paying?
      If so the debt review ended as did their service.

      You may consider asking the NCR to help (slow and painful often) 0860 NCR NCR

  166. coonbe and associates garnished me in 2012 november I owed capitec R24500 after garnishee I had to pay coombe and associates R44000 and they deduct 1400 from 2012 till now 2014 and I dont know how to get hold of them becouse their tel no is always not answerd

    • As you will have seen their company name has changed. (Flemix)

      Advice:
      Keep calling (again and again and again) and if necessary send them a registered letter asking for information.

  167. Hi, haven’t had a job since December 2007. Had debts at a clothing shop – Edgars, cellphone contract – Mtn and a school my daughter was attending. If I get a job now, do I still need to pay these people after six years of unemployment. If they tell me to do so, what shall I do?

    Kind regards

    • The debts may have “prescribed” which would then mean that you would not have to pay the credit accounts. (If they did not get a summons and judgment and if you did not pay them anytime in the last 3 years). Beware of now paying even R1 to these creditors before the amendments to the national credit act come into effect.

  168. Hi, I was under debt review and paid my last Standard Bank account in December 2013, unfortunately my email account got wiped and I lost the Paid-Up letter, yet now after more than a week of phoning the Lawyer firm and sending emails to the standard bank email address the lawyers used I have still not been able to get hold of a copy of the paid up letter. This is pretty annoying as Standard Bank is pretty quick to give your name over to an lawyer but pathetic when it comes to customer service. I want to apply for Credit Amnesty as I have paid each and every debtor but with this one Paid Up letter outstanding TransUnion said they cannot assist me. I would like a Standard Bank Consultant with the Personal Loans Dept, to contact me as soon as possible so this matter can be resolved.

    • Keep trying you will get there eventually.
      Another option might be to lodge a formal complaint with Std Band directly (or transunion) to see how they respond.

  169. Good day

    My situation is that i also had bad debt/slow pay information on my credit reports. I have inquired about the credit amnesty thing. I have contacted Transunion and they told me that the only negative information on my report is that i have a judgement against my name. That i will settle 25 June 2014. I will get a paid up letter and send it to them to get that removed. I have also inquired about my credit score yesterday and it says my score is 755 (fairly good range) when i clear the judgement i will fall into the (good range). I also have a credit card and i plan on getting that paid to atleast half the amount i still owned on it. My question is the following. i planned on buying a car later in the year but want to first get rid of those two things i mentioned. Do you think i will be able to get that finance if i do the above? I sincerely hope you reply. Regards and great site i enjoyed reading through everyone’s comments.

    • In all liklihood you will indeed get more credit. The banks are looking for clients. If you do go apply for credit and are tuyrned down you can always ask for the reason in writting. Then you can work on the reasons they give you. Keep working hard to sort out those debts.

  170. I applied for dept review but later realized de arrangements dat wer made I was not happy with and I cancel de review with the company n made my own arrangements that im paying very well
    I also paid the money for their work

    I am paying my depts on my on now with the arrangements with dem

    am I still under dept review and will this amnesty be applied on my case

    • Did you receive a letter called a 17.4 from your Debt Counsellor? This is a common industry form (with no legal basis) which says you are no longer under debt review. If you draw a credit bureau report you will be able to see if you are under debt review or not.
      The Amnesty will apply to you but remember you still have to pay your debts. It is not a credit amnesty it is an amnesty about information on your credit bureau reports.

  171. i would really like to be more knowledgeable about this whole debt counseling and the other protecting agencies. Reason being there is a lot of scams in south Africa now and lot of people whom are desperate to be debt free. So such people becomes victims of such scams.

  172. how do we as consumer make confirm that this agent (debt counselor) is real? what must we require from them to make sure that out money is safe by saying safe i mean it goes to all the creditors we owe?

  173. Hi editor,
    I had few accounts. One in afurniture shop, 4 clothing and one cellphone contract. I lost a job and I couldn’t pay the accounts. They went into arreras for 10 months. I got a job and start paying them until they are settled.
    Now, I contacted ITC, they said the accounts shows that they’ve been paid up and closed. They say they also show that they were in arrears for ten months and according to Regulation 18 of the National Credit Act, the payment history must remain in their record for 5 years. However, they keep payment records for a minimum of 3 years. I at least wanted to have one account to boost my credit score and creditors say they can’t allow me to have accounts as long as they still see that payment history.
    Does this mean that credit amnesty does not apply to us(slowpayers) even if we have valid reasons?
    Do I have to wait for a minimum of 3 years to qualify for credit even if I wasn’t blacklisted or had no judgment?
    Please editor, advice me what to do. I feel like my life has stucked. Thank you.

    • Go apply again and if they turn you down ask for the reason in writing (as per the NCA – this is a right).
      See what they then say…

      If you can afford the credit you should be able to get the credit…

  174. hi

    all my account i have is in arrears i was un employed for 2years and couldnt pay my accounts with tihs emnesty did they maybe remove thee arrears from my accounts

    • I am afraid not. You still will owe the money. Only some information about the debt will change not the debt itself.
      Maybe consider contacting a Debt Counsellor for some advice on how to make a payment plan with a credit provider.

  175. Hi editor,

    As per your recommendation, I went out to make an attempt to apply for credit and it was unsuccesful. I enquired what seems to be the problem and they told me that it’s becuase of my accounts which were in arrears for 10 months. I asked how long is it going to take for me to be eligible to apply for credit and they said it will take long for me to qualify.
    Any further advice on what can I do about this?

    Thanks

    • Once you have caught up on your arrears you will qualify for new credit. If i remember correctly you said you had already paid up all those old debts. If you still owe money then why not settle those debts first before getting new debt? They (the creditors) obviously feel that you can’t pay those debts and new debt each month. Avoid getting in too deep. Settle some of your smaller debts and then look for more credit if you need it.

  176. Hello, in 2009 my wife approached debt review and voluntarily went under debt review,as we are married in COP,this automatically included me…..5yrs down the line we are still paying, I would like to own my own house soon,what can u suggest please?

    • If you are still under Debt review then you are no doubt making good progress on settling your debt. If you increase your monthly repayments this will speed up the process. Once you have settled most of or all the debt you will both be in a great financial situation (Debt free)

      Remember when you buy a house with a Bond the bank actually owns the house till the day the bond is paid up. That’s about 25 to 30 years. Make sure you can afford the bond and anticipate bond rate increases over the next few years (by several %). If you miss payments they bank can pressure you into selling. Count the cost and see what is best for you. And remember to shop around for a good deal on a bond when the time comes.

      • Thank you for the info, however, could i approach the banks now for the home loan …i am paying rent now which automatically will cover my bond, a substantial amount i might add.
        wrt the debt amnesty, will it allow me to approach the banks? Thank you

        • The Amnesty will only remove some ways of showing your payment history and any possible past judgments that you recently paid up and things of that nature.

          The Banks?SA Homeloans could decide to grant you a loan based on the fact that you can afford it. The NCA is all about affordability.

          You will have to talk to them directly.
          If they turn you down you have the right to ask for the reason in writing which will help you identify possible factors holding you back.

  177. My car was in arrears with wesbank, brought the payment up to date in February this year by paying R80000.00, I ws told that all legal action had stopped. I am only owing R51000.00 now and missed 2 payments again. I was approached at a shopping centre yesterday, with a copy of a court order dated April 2013, by a sheriff and wesbank tracer. I refused to had over my car, they telling them to follow me to the police station but they refused, they then called a tow truck, of which when the driver arrived I told him not to touch my car as the documents I felt were incorrect, and I wanted to go to the police station he verbally abused me and swore at me and they forcefully removed my car from my possession is that legal what can I do to right what I feel is a total injustice?

  178. I feel the same “pain”. Two months behind. The “agent” just rocked up at my door and demanded the vehicle. In the mean time I have paid the arrears but am questioning all the other fees and requested a detailed statement! Times are tough and the institutions dont really bother following rules….Its frustrating!

  179. I have decided to voluntary go under debt review; I recently got divorced and because I was the sole breadwinner for many years I had lots of account and loans to pay. I am struggling now to get a rental place, I get shortlisted all the time but once the credit check is done I do not qualify because my credit profile shows as “under debt review”. What am I to do now?

    • Maybe talk to a company like Pam Golding who know a lot about debt review or ask your Debt Counsellor to write you a short letter explaining what debt review is just in case. Rather be the one to tell them: listen i can cover my rent because i budget and am under debt review than let them think you are hiding something (something with the word debt in it).

  180. Hi I have not paid my acc 4 a couple of months bcos I lost my job and can’t afford to pay anymore. I used to get letters the 1day they’ll say thy r forced to report me to credit bureau and next time I get letter saying I’ve been handed over to their attorneys. Does that mean I’ve been black listed? And if I’m not yet thr does that mean I dnt benefit frm this amnesty thing. Last1 is the shop have the restore wht ever was written b4 amnesty after the amnesty ?

    • I am afraid only some info about you on the credit bureau is going to change. You still need to pay the debt.

      “Blacklisting” in the old way (where you could never get credit again) does not exist anymore. A listing on the credit bureau that shows you have missed payments on an account is the closest to a “blacklist” that consumers actually come these days.

  181. Hi there,
    I want to file a case against Samsung SA. Where to go?? I´m in Pretoria.
    I bought a S4mini on December and since the beginning it was not working properly. I went to Samsung store in Brooklyn many times and finally they say I have to go to the Smart Care Centre in Johannesburg, there the guy who attend me said that the failure is because a very known problem with the mother board of the cellphone and they are going to replace it, I was calling everyday to know something and after 4 days a lady told me that the phone has no serial number and the only thing I can do is to pay for a new mother board no matter I show all the proofs they required about my buy, I haven´t ever open this device.
    Do I need a lawyer to file a case???

  182. Hi there guys i was placed under debt review in 2009.. After 3 years i paid up most of my debt.. Im only left with my vehicle and 1 loan. My circumstances did change big time. Now i need to buy a house but the debt review still reflect at the credit bureau. My debt counsellor are nowhere to be found. I need this debt review to be remove please can anybody help..I allready phoned NCR Evellyne Moleko this people keep putting me thru to other departments without any success. I allready emailed her several times but she never response what else must one do….Anybody any idee what to do

  183. Good day editor,

    I was marked as “slowpayer” and I have low credit score as ITC told me. I went all out asking for help on how to improve my score because I want to buy a house. I came through some companies which says they can be able to help me increase my credit and make me to qualify for credit. Do companies like that exists or is just a scam?

  184. Hi, my daughter is under debt review and lost her job. She was unfairly dismissed. She called the debt counsellor to advise them of her situation and they mentioned that she has insurance coverage if she lost her job and payment would still be made. She contacted the insurance company and they said that they can only assist her if she got retrenched! We would like to know why they would only assist if she was retrenched?? Her being unfairly dismissed was unforeseen. She is without a job and has no income to pay the debt counsellor. Please advise soonest of a way forward as to how she can deal with this matter.
    Thanking you in advance.

  185. i have been a victim of wreckless lending through african bank, they did a so called affordability study and said i have a total amount of Debt obligations to R1500 a month when infact my car is about R4500. Who can i contact to help. it looks like the wreckless lending continue’s., not to mention me trying to get my policy documents or that they refuse to cancel my credit life policy held with them even if i get a substitution policy that covers the same for way less!.

  186. I am 2 months behind on my car and had a call from a collection agent telling my he is collecting my car tomorrow…..I still made a payment end of June, on what grounds can he do that, what do can must he present to me.

    • They cannot just come and take it.

      Before anyone can take your car they need to have sent you a summons and let you go with to court to defend the matter. They then will get a court order and then a warrant.

      Bottom line is only a sheriff of the court with a stamped court order can take the car.

      The only way someone else can take the car is if the trick you into giving them the car. If you give them the keys then they have permission. So…rather don’t give them permission. Just refuse.

      If they claim they are a “sheriff of the court” then ask them to come with you to the local police station to ask a policemen to verify their official identification. Insist on this.

      Also make sure if it is a genuine sherif that you film/photograph them and their identification (on your phone).

      Otherwise beware of just giving your car to a stranger who says they have permission from the bank or work for the bank. No matter what papers they have.

      Rather ask them to send the sheriff of the court with a court order (where you went to court to talk to the judge about it).

  187. Hi
    I would like to know if I also benefit from the Amnesty. I have’nt pay my account for 3 years was out of work.working now for 3 years again. As I went to go open account today so I was told I don’t meet their lending criteria. How can I find out if I qualify for the credit Amnesty or not

    • Just to check: Have you not paid on those accounts for about 6 years now?
      Did you receive any summonses during that time?
      Have you drawn a credit bureau report to seewhat that says about these accounts?

  188. my name has been in debt Collection i owe bank Loan and credit card so i want to know if i can qualify to get credit since amnesty had been brought to people like us and once again i didnt get the certifiacate yet from Credit Amnesty

    • William.
      The Amnesty will help improve your standing/score a little but if you owe money to creditors it is still owed to them and you will need to pay them before other creditors will feel comfortable lending to you.
      It also depends on what you can afford to pay toward your debt each month.

      Remember the amnesty was not a credit amnesty but only an amnesty for some information about the debts/credit you have.

      The Amnesty happens automatically and affects your credit bureau reports. You will not be sent anything from the bureaus unless you ask them for a report.

  189. Hello
    I only got a letter now in may. From munnik basson dagama inc attorneys. Saying they give me a final. Opportunity to settle my outstanding account. So now I don’t know how much and I don’t know where to go check. Can you maybe sent me a number or something to check please. Thank you

    • At the moment because the law is changing many attorneys are chasing old debt that may actually have prescribed. What they try do is get you to acknowledge the debt and make a small payment.
      However if the debt is already 3 years old and you have not paid and they have not sued you then the debt is prescribed (probably) and you do not have to pay it. Be very careful of paying to old debt at the moment unless someone sends you a serious Section 129 (we are going to sue you) letter or a summons.

      You can check you credit status on one of the credit bureaus.

    • It is important to know that a company that offers debt review must not offer loans/credit (and visa verse).
      That would be illegal in terms of the National Credit Act.

      Has the company offered you a contract (in any form) to sign?

    • If the debt has prescribed (and it does sound like it probably has) and you pay you will then legally be obliged to pay (up to double the original debt). If you wait and they dont take legal action then it is tough for them and you never have to pay(if it has prescribed). If they do send you a summons or scary letter then pay and settle the debt. Be careful you pay and end up legally being bound to repay an amount that you by law at the monent might not owe. (thanks LAw you great thing you!).

      Why not get a credit report and just see what it says? They are very affordable.

  190. Hi editor,
    They didn’t send me a contract to send. However, they told me that once I’ve made a payment of R3200, they’ll send me all necessary documents to sign on their terms and conditions. Can debt review companies charge that for their service? My biggest concern is, is it possible that a debt review company can help change my credit score and if it’s possible that they can remove poor payment hsitory in my credit report? I see testimonials on their website but they are not traceable in anyway.
    They never told me that they offer loans.

    • Never pay upfront for a service…
      A Debt Review firm is not allowed to do so.
      A Debt Counsellor must only receive funds via a Payment Distribution Agency (there are only 3 in SA).
      Beware!

  191. We are under debt review since 2009/ We now have paid up the outstanding amounts in one big sum. But last year one of the banks call me and said debt review have stop making payments and therefore we had to pay them. which we did. last month we find out that debt review have also not pay a personal loan and it is double the amount now. the guys from debt review has just stop paying before the amount was settled. who is liabel for the interest/ THEY ALSO SAID WE CANNOT GET A DEBT CLEARANCE BECAUSE THIS 2 IS OUTSTANDING BUT IT IS NOT ON THERE LIST ANYMORE WE HAD MAKE ARRANGEMENT ON OUR SIDE WITH THE BANK.

    • Sounds like you are having a tough time. That is a pity. Can you tell us which company you were using (for the debt review)? It is important to realise that the Debt Counsellor does not handle the money. that is done by a PDA (so maybe the DC did his job but there was a problem with payments from the PDA) Also sometimes the Creditors dont allocate funds correctly. Does your court order show the accounts you mention (that should have been paid)?

  192. I’m so glad someone decided to report Wonga because I also applied for a loan,had to fax my payslip to them, after 15 minutes or so they said my loan of R5000 were approved but first I have to pay the “fee” of R1500 into their account for them to pay over the R5000 into my bank account.I immediately cancelled all applications / communication.

  193. I went through the whole application process to bye a tv from OK Furniture in Malmesbury. The fine print on their brochure states that additional insurance and delivery are optional. To save costs l opted out of both.
    Later that day l was phoned and told the sale had been approved but as a ‘first time buyer’ l was obligated to have my purchase delivered so they could ‘see where l live’. This after doing FICA.
    Nowhere is this extra costs – R400- advertised…
    I complained to the manager who phoned their head office and was told to tell me this practise is ‘company policy’..
    Is this acceptable to add costs after a sale has been processed?

  194. Hi Editor,

    Once again, I would like to ask something. I currently have a personnal loan with bank C. I cannot mention the name of the bank. I’ve been paying it since end of February after I consolidated it with another loan since I had some urgent matters to sort out. I’m in zero months arears.
    After realizing that I’m struggling to secure credit purchase even if I’ve settled all my accounts which were in arrears, I’m thinking of settling the outstanding balance on my personal loan by month-end August. Is this going to make any difference in my credit status since that will be the third account I’ll be settling this year? Will I be credit worthy since the credit amnesty has been passed on for long now? Thanks.

    • Your score will be improving (keep it up!) …but under the National Credit Act credit can only be granted to people who can afford to pay it back. EG: If you have +-R100 available at the end of the month – after paying all your household expenses and your other debts each month – then a creditor can grant you credit which requires you to make a debt repayment of around R75 each month (kinda). They cannot give you credit which requires you pay every available cent you have free and they cannot give you credit that requires you to make payments with money you don’t have (eg. a payment of R300 each month when you only have R100 free).

      Normally we go looking for credit because we don’t have enough money left at the end of the month and have not been able to change our lifestyles enough to mean we have money left over at the end of the month. It is a kind of catch 22 situation.

      The other situation we go looking for credit in is when trying to buy a big asset like a car or house. This requires many years of payments and good planning . make sure you have more than enough to meet payment requirements each month as interest rates are climbing and the amount you have to repay will increase over time. remember even one missed or short payment could mean you lose the asset and still have to pay the full amount back anyway.
      ………………

      Good for you on paying off your accounts and making sure you are not in arrears. Remember that amnesty is helping your credit score a little as is paying off your accounts but you need to be able to afford credit.
      Keep paying and try get debt free and stay that way if you can.

  195. Hi there. I am current with debt review counseling but haven’t met my debt review counsellor and not sure where their offices are. How can I check if they are legitimate? Or how do I go about swapping to another debt review counsellor? Please kindly advise

  196. Good day

    Just want to know, I have obtained my credit report from ITC & all is clear, however I have not paid the unpaid debt. I have applied for an account recently just to check if I will be accepted or declined & they have declined the application without providing a reason. What are some of the reasons that an application will be declined even though itc is clear ? I want to pay off the debt that’s preventing me from getting further credit, first & then the others as I cannot afford to pay all off at once. I also had a judgement that was not paid up but is over 5 years old, it no longer reflects. Can you tell my how come this happened ?

  197. Hi

    I was also under debt review since 2009 and no institution wants to help me after I have got a
    clearance certificate.They (RCS) for example reckon I should wait for 5-7 years before applying
    again.As they cover most of the mass mart groups I cannot get an account anywhere.All of the
    banking institutions is also rejecting and reckon there is a block somewhere?Transunion is not showing any descrepancies.Please advise on how to go from here.

    Thanks
    Daniel
    Once you receive your clearance certificate from your debt counselor it should take about 5 days (or less) for all info on your credit bureau report to be “cleared”. The Debt Counselor informs the NCR and each bureau (there are 13 diff bureaus in SA).

    • RCS are wrong.
      Ask for the reason in writing : (it is your right) once you have that in writing you can take the matter further as part of the NCA is that CPs can’t discriminate against consumers who use debt review (or other parts of the Act). You can then approach the credit ombud and force the matter.(that normally takes about 3 weeks).

      However…that said: can you not rather protect yourself from further debt by saving toward what you want rather than getting it on credit? It is a good habit and makes you really evaluate what you want and need.

  198. Good day

    I have the same problem with ABSA claiming terms and conditions to a agreement “lost is a fire” concerning a Vechile Finance I took from them in 2008. I also went on Debt Reveiw upholding my side of the Debt Reveiew order but the DC were fraudulent in allocating the payments I made. For near;y 2 Years now I am fighting to keep my vehicle with legal costs mounting to R45 000 for a Vechile that is not even worth R50 000. Now ABSA is also claiming an outstanding Balanc of R86 000, they have received ocer R80 000 I am running out of funds to defend this matter further. This vechile was purchased for R80 000 in 2008 and ABSA is also wrong with the so called installment amount and balance when going on DC.

    Please Help.

    Can you please help. I have all relevant documentation

    Regards
    Mornay.

  199. Good day. I Have a problem that leaves me hopeless. My uncle has a vehicle thats on finance with Wesbank. I was using the vehicle and paying for the installments. There was an arrears of R9000 which I brought up to date on monday 28th july 2014. Two guys that were dressed in black suits came to my work place on friday the 1 August 2014 stating that they were from wesbank. They said that they were instructed to pick up the vehicle and take it to Burchmores Car auction centre. After arguing they demanded for the vehicle, I then gave the keys and signed a form to saying that the vehicle is going to burchmores. An hour later i went to burchmores . The vehicle couldnt be found there. I then called wesbank to check were the vehicle had gone, about an hour later they said that they did not instruct anyone to pick up the vehicle. So my vehicle seems to be stolen. I cant get a case number from the police station because wesbank has not given me a letter in writing to say that they have not instructed anyone to pick the vehicle . Tracker cant do anything to locate the vehicle because they need the case number from the police. This is so frustrating, What do I Do? Please help me

    • That is terrible.
      You need to force the cops to help.
      Just because wesbank wont give a letter does not mean that you can’t report it.

      Go back to the cops and try again (maybe a different station). Keep the story brief and get that case number.
      The problem is if you give someone the keys to a car willingly are they “stealing” it…. It may be fraud (but in truth theft).

      Have you been back to Burchmores recently?

  200. Evening
    I just want to knw how can you get a loan but not credit? I’ve been rejected credit for the third time now… Had a edgars account that I couldn’t pay for 3 years now I want to knw how does the AMnesty work.. Do I have to pay nearly 6 years debts finish before I can get credit agen.. Can you please give me a number where I can check my credit status please.. Thank you

    • A Loan is credit. They are the same thing. So no credit = no loan.
      The amnesty does not remove the debt. You still have to pay.
      Once you pay off enough of your debt that your monthly payments are reduced (eg. instead of paying 2 people R100 each – you now only have to pay 1 person R100 and thus have R100 free) you can take on new credit/debt and pay that R100 to someone else new. So no you don’t have to wait that long. Just until you can afford the new credit.

      Maybe check out this page: compuscan and mycreditcheck

  201. The Reserve Bank have appointed Mr. Winterboer to help run the bank and various other BASA members have underwritten R10 Billion to help save the day.

  202. Hi editor,

    As I’ve stated that I’ll be settling my personal loan this month. Here is something else, I tried to re-open one of my clothing account which was in arrears and it was succesful. I just want to keep it manageable at least with a maximum credit of R500 so that I can at least have one active credit. Does this means that with time going (after some few months) I’ll be eligible for some form of credit (May be a bond)?

    Lastly, was the credit amnesty applied randomly on South African citizens or was it applied on all citizens? Why I’m asking this is because I spoke to someone who said she’s a debt councillor and she said it was not applied on everyone. Thanks.

    • In regard to was the removal of adverse credit information applied to everyone: Yes. To varying degrees.In fact this is now built into the law from now on and certain facets will always apply. (Like the removal of info about a judgment if you pay up the capital amount). The term “amnesty” is misleading and confusing. There was no actual amnesty rather some info and the way it was shown changed…

      In regard to building a credit record. Your plan is not a bad one. Pay on time and be a good credit user and your credit score does go up. That said you will only get credit if you can afford credit. And you will only get as much credit as you can afford. That is true now or in a years time. The old having a good reputation for credit use carries less weight these days. It is more about affordability (can you pay it back). But that said…it is not a bad thing to have a better credit score since you will probably get a slightly better rate (unless you are good at shopping around and negotiating anyway).

  203. Hi there i have been a victim of reckless lending from African Bank. On a salary of +-R5800 After deductions i was approved for 4 loans totaling 34878.49 in the space of 1 year. the repayment on these were 2590.88. I know i took the money but i was in such dire strates at the time i had no option. Is there anything i can do about it. I am currently under administration. They also gave my husband loans during that period… and due to those he is also under admin.

  204. Hi Zak, I trust that you are well. I am currently out of the country with no access to my e-mails. Please send me a pack of the printed magazines.

    I will be back in the office by 24 August.

    Take care and have a great weekend.

    Kind regards, Romie.

  205. Hi I was under debt review from september 2013 and I cancel it february 2014 and I receive the 17,4 form of cancellation but my name still appear debt review on the system can you help me to remove my name. Thank you.

  206. Hi Editor, yes, I was one of those that fell into the trap of taking one loan out to cover another. It spiralled out of control to the point that I decided I have to take control of my finances and approached an accredited debt counselling company that immediately stepped in. I’ll admit, it was a painful and harsh reality I had to face. I had to swallow my pride. Being bipolar also didn’t helped much. During the debt review activation I was admitted to a psychiatric clinic due to the ongoing depression episodes and suicide attempts. Luckily my debt councillor stuck with me all the way, explained to me how it’s going to work and if I should get any calls or letters from creditors to pass it on to them. In the beginning the calls and letters came in fast – very fast. I just passed it on. Eventually it trickled down and it seems now to be under control. I’m not proud of going under debt review, it taught me the lesson of controlling my finances and changing my lifestyle. Was a bitter pill to swallow, but I did it. I’m looking forward to the day that I’m debt free. I’ll just have to ride this beast until it’s over.

    • I would like to commend you for taking action and getting assistance. Whether we are financially or otherwise unwell it is always best to get professional help. The Debt review process is not easy but a recent study showed that if (in the process) your creditors agree to reduce their interest rates by even 3% (and they normally reduce by much more) the savings you make covers or makes up for the fee to the debt counsellor. So it becomes a “free service” in a way. Well done. Stick to it. You will be surprised how quickly things go when you reach the “tipping point” in your debt repayments.

    • It depends if at the end of each month you have some funds available (after paying all your other debt and your household expenses). If you do have money available then: yes, you can probably get credit but if you are running short each month rather go to a debt counsellor and see how to pay less toward your debt so you can cover your needs 100% each month.

  207. The comments and replies here have been really useful to know and I think its great that you reply to each comment/question. I applied for review in Jan 2014 and feel like this is just not working, even though I know when I am done paying this my record will be clear, I just feel lost with this whole process. I’m not able to speak to my dc directly, each time I request to contact him I get a reply instructing me to email the enquiries mailbox. I have questions I need to be answered. I need advice.

  208. Hi editor,
    I’ve been struggling to acquire credit for a longtime due to the fact that I was classified as a slow-payer. Now after logging a complaint with the bank that I use, I was approved for a credit card with a reasonable amount. I don’t want to use the credit card much. All I need is to use it to increase my credit rating. Now that I’ve qualified for a credit card, does this mean that I may be eligible for other forms of credit like home loan and car finance? Or should I first use it for couple of months while updating payments appropriately and then make attempts to apply? Thanks.

    • A few months worth of credit usage (responsibly) is not a bad idea.
      Not that that means you will auto qualify for anything but your score is slightly improved by doing so.
      Better scores means lower rates (even bad scores can get credit but normally at a higher rate).

      In the meantime why not set aside the amount you are going to end up paying on the car (for example) each month into an account just to see if you can get by…
      If you struggle a lot it will give you an idea of whether to apply for the credit or not.

  209. My wife and I are both public servants and struggling to pay off our debts, some of the debts are from 2009 and handed over. I discourage her to go for consolidation loans as she will be paying off a debt with another debt. I am also leasing a property for R5.500pm, and I want buy my own property and use the money towards my own. What can I do? Where do I go for help?

    • It is good you are trying to get a handle on your debt situation. Don’t leave it try get control. Good for you.

      In regard to your situation a lot depends on whether you are married community of property or not (probably you are).

      In regard to buying property- it might seem like a great idea but it comes with other massive costs that are not at first obvious. Beware.
      Maybe you should make step one of buying a property the goal of settling all your outstanding debt first so that you have lots of funds which you can pump into a bond each month to try settle the bond in record time. (Very few people do this and it costs them in the long run).

      Having little or no debt will enable you to get a much lower rate on a bond too which will save you a lot of money over time.

      if you first need help sorting out the debt situation then talk to a debt counsellor who will help you do a budget, prioritise debt and negotiate with your creditors if needed to pay the debt off at lower interest rates faster (this also saves you lots).

      maybe send us more info on: help@debtfreedigi.co.za and we can point you in the right direction?

  210. Hi
    I was checking my credit profile and discovered that I am under dept review. I never applied for it. I am incharge of my depts. When calling the dept. councillor given on my report no one is answering the phone. My worry is who will give me the clearance after a paid my depts. if I cant get hold of him or her now. I also wrote a complain to NCR but they still investigating.
    Thanx
    Hlengiwe

    • I think it is best if you go to their office (the DC who’s name is given) …if you can.
      If you don’t hear back from the NCR within 3 weeks of your complaint begin chasing them every day.

  211. if the number doesnt seem to help,then how do we get hold of them cause we are in trouble here,please anybody? any e mail adress ?

  212. I just applied for car finance and one bank accepted my application and said they’ll offer finance with fixed interest rate and not linked interest rate. Is it advisable to go for car finance with fixed interest rate? Why I’m asking is because the interest rate for the offer is a bit high at 16%.
    Secondly, does the number of enquiries on my credit have an impact on my credit score?

    • Question one: Well interest rates are set to go up over the next while so…you may end up getting a better deal over time but it is an educated guess at best. You will have to descide. It is usual for them to offer such a deal at a high rate to cover themselves incase the interest / repo rate shoots up to a very high figure.

      Question 2: IT can influence it slightly yes. Don’t worry about it too much thought. rather worry about major factors like whether you repay your debts each month timeously and in full.

  213. I am a FNB customer. I started banking at FNB since 1992 by the time I ws working at FNB up todate. It happened tht in 2009 my life partner who was supporting me passed away, and I had to handle my accounts to Debt Review so tht my assets can be protected. This year on July, I met a Lawyer to help me to be out of Debt reviews, bcse I can manage to pay my Wesbank acc. And my house. It happened tht I applied or requested a withdrawal of R3000 from my homeloan and they granted me, however, they said before I can get it , I hve to meet FNB to remove risk 4 because of DEBT reviews tht is attached to my account. I submitted some documents to them, but they refused to remove risk 4 . Plse assist me, because I need tht R3000 at list to pay for my medication.

    Regards
    Lindiswa

    • Lindiswa you need to talk to (1) the attorney who helped you before. They would have helped get information from the Debt counsellor saying you have left debt review. (2) you need to ask the debt counsellor if they have updated your profile on something called NCR debt help to show you are not under debt review anymore (3) you need to ask the bank for their reason in writing so you can take it to (4) the banking or (5) credit ombud and complain. All that is going to take several weeks though…

  214. Can someone help. I went to a debt counsellor acting on behalf of credit matters and after almost loosing my car and house realized that they were not doing what they said and contacted all my creditors to arrange for payments direct to them. During this time the debt counsellor de registered and credit matters suddenly turned around and said that i need to make new payment to them and go through the whole debt review application again after i had to make a large payment to then in the beginning for their service. On a credit check for a bond the bank informed me that i was actually registered under debt review and that it was made an order by the court. This was more than 3 years ago and the only debt left on the original
    Debt review is my car loan and this is also up to date. How do i cancel this court order or remove debt review without a debt counsellor. I did try to resolve this with the ncr with no response.

    • Since there is a court order you can have that rescinded an attorney can help you with that or perhaps the Debt Counselling firm 9who you may not love so much)

      One idea is to wait until (prob in Nov) the National Credit Amendment Act “goes live” soon and then go to a(ny) debt counsellor and ask for a clearance certificate (which will be possible/easier at that point).

      You can keep trying to ask the NCR for help…maybe they will eventually get back to you but have a backup plan as well.

  215. Good day,
    I need to know whether the number of days reflected under history is still allowed to be shown?
    All debt was settled in December 2013 – without debt review. There was written off debt, which was settled and a judgement – these are no longer reflecting, but the payment history is. Can i have this removed somehow?

  216. Hi: I had a very bad credit history. 150+ on quite a few accounts and one judgement. I have since 01July settled all my accounts and have only one active account on my name. I am still being refused credit, reason, low credit scoring. How do I get the 150+ red blocks removed from my ITC? Please help.

    • Your payment history can stay on your report for up to 5 years. However, different credit bureaus can stop showing the information sooner, but never keep it longer than five years (maximum retention period by law). Most credit bureaus use two years, but some use three years.

      Good payment history information can allow you to get better access to credit at better rates, which is why you should keep up the improved payment behaviour.
      While this negative information is on your report, it will affect your score – The only way to better your score is to keep paying your accounts on time and the score will improve.

      Thanks to: Lauren Wepener, Consumer Care Expert at credit bureau Compuscan For this answer

  217. Hi, I have a really bad credit report i.e. Judgements, and non-payments etc. I am planning on paying everything in the next couple of months. What I would like to know is, once this is paid up, will I finally be able to buy myself a house/car? I’m asking because my credit report was pulled via Transunion, and I have heard that because I have judgements (paid up or not) this will reflect on my Profile for a further 2 years. Does this mean that I will only to able to purchase anything after this time?

    • Credit providers have different policies when deciding whether or not to grant credit to you. Each credit provider has a different risk appetite and uses different criteria to determine if you are eligible for a home loan or to purchase a car. If you had a judgment against your name and it has been paid-up, the credit bureau will have to remove it and it will no longer affect your score or credit profile. However, if you had missed payments and have a bad payment history, it will affect your credit report for as long as the information is on the report. Most bureaus will show this for two years and some three. Judgments that are not paid-up will reflect for up to five years.

      Ongoing good payments will strengthen your credit score and improve your chances of obtaining secured credit such as a house or car.

      Thanks to: Lauren Wepener, Consumer Care Expert at credit bureau Compuscan For this answer

      [Df] So pay off those judgements get them removed by the creditor (yay for free) and then you will look really good.

  218. Hi, before the change on the 1st of April I had a score of 793, since then I haven’t done anything extra other than to pay my accounts as per usual. Checking today my score is at 743. It went down exactly 50 points since last checked. Do they perhaps score us a bit harder now with the changes or might there be something else wrong? Please help if possible.

    • In order to understand why your credit score changed dramatically, you need to contact the relevant credit bureau that indicated this change in your credit profile. Once they have access to your ID number, their consumer care department will be able to take you through the report and explain which credit information could have led to such a change. It is highly unlikely that the bureau is all of a sudden determining your score according to “harder” or stricter rules, as there is no benefit to a bureau to do so. The credit score might have been recalibrated and might weigh the information differently than before.
      Credit bureaus’ value to credit providers lie in correctly identifying risky borrowers and not unnecessarily penalising consumers, which is why we suggest you find out what actions you took that might have had such an effect on your score.

      Thanks to: Lauren Wepener, Consumer Care Expert at credit bureau Compuscan For this answer

  219. Hi, I could pay my installment, then Vodacom blacklisted me, but now I’m currently paying it. Am I still blacklisted or amnesty applied to me also?

    • Hi Klaas,
      The term “blacklisted” is maybe tricky…

      Blacklisted implies that no one else will do business with you. This doesnt happen any more.

      It is more likely that they indicated you were not paying well or where behind on payments.

      Other creditors can and will still give you credit (they may be weary and be a bit more strict) once they work out your figures and see that you can pay them each month.

      The good news is the amnesty will change some of the way that the information about your old debt payments was going.
      Keep paying on time and maybe even try catch up and you will improve your credit score which means you should get better rates for the credit you apply for (sometimes).

  220. I have been unemployed for the past 2 years and have been unable to repay my debts. I have been trying to apply for jobs but have been unsuccessful because of my credit information. I need to know if i will qualify to have my credit information removed from the ITC so that i can get a job and actually continue paying all my debts?

    • As soon as the new National Credit Amendment Act 2014 kicks in it will be harder for people to draw a credit report for work positions that have nothing to do with money. That could happen in Oct or November (hopefully).
      In the mean time why not check out http://jobsearching.co.za/ as they have great advice on ways to find companies to work for and sell yourself better and improve your CV and interview techniques.

    • Hi guys,please help me am trapped in mashonisa I used to borrowed money from few of them till I couldn’t paid them all off so now the interest keeps on increasing every month,the other lady she even took my bank cards n ID.all I need is help please don’t know what to do anymore the secuation is beyond my control I now even thinking of taking my life just to rest.

      • 1st you must report the situation to the police. Simply tell them they took your ID.
        2nd you must tell the NCR (0860 627 627)
        Next, you must talk to the loanshark and complain. Perhaps even in writing. They wont listen but it is better to try. Don’t threaten them but let them know clearly.

        Can you share an example of the interest amount?

      • If you need someone to talk to about your stress and negative thoughts you can call: 0800 567 567 any time.
        Please talk to those close to you or call the number!!

    • With debt consolidation you also only make a single payment each month (if you do it correctly) but need to sort out all the settlement of all your other debts yourself with money that the bank (any bank) gives you and close them.
      You also pay interest which will probably be higher than that which you get through debt review arrangements.

      With debt consolidation you can also go out and make further debt for yourself (sometimes) which is dangerous.

      Investigate both options and see which is better for you.
      Why not chat to a Debt Counsellor and find out what the benefits of debt review are.

      Also be sure to work out how much interest you will pay in total over the life of the new loan which a bank may grant you to “consolidate” your other loans. Make sure it saves you money.

  221. We contacted Capitec and they were happy to help understand their reasoning on the matter. Here is what they let us know:

    Capitec confirms SMS’s were sent to Capitec clients defaulting under the Debt Review Voluntary Debt Rearranged Agreement or Debt Restructured Court Order (both are catered for in Capitec systems and processes). Under no circumstances was the SMS intended as an act of harassment or to create extra work for the debt counsellors. To the contrary, these SMS’s were sent out as a pre-termination notification, providing the consumer and debt counsellor an opportunity, 30 days to be exact to rectify the payment default before the termination and legal process commenced.

    Whilst a Capitec client is under debt review and ‘paying’ in terms of the relevant agreement the client is legally protected and Capitec will not terminate the debt review and commence legal action.

    Capitec follows a debt review payment follow-up process whereby it sends out a pre-termination notification SMS to the Capitec client and concurrently follows up with the relevant debt counsellor about the payment default.

    Only after no favourable response is received via a payment arrangement or payment being made does Capitec proceed with the termination notice in terms of S86(10) and S88(3) of the NCA, informing the debt counsellor, Capitec Bank client and the NCR of same.

    Once a termination notice is sent, Capitec provides a 10 day response time to prevent the termination and in addition a 20 day period before the Capitec client is handed over. This gives the debt counsellor 30 days to remedy the situation.

    Capitec at all times acts in good faith and endeavours not to pursue termination action on default immediately but instead follows a communicative approach via our client SMS and debt counsellor follow-up, failing which Capitec then, after 30 days commences the legal enforcement processes.

  222. Interesting question.I served 5 years on ITC.No credit anywhere.
    Recently cleared last year I decided to open a bank account at a bank I have never dealt with.All systems go I managed to open a current account with a new business I registered.The card was even issued and I was told all systems go.Been struggling for a week with them to obtain FICA status.This done the account was still blocked.Many years ago I had an American Express card that was never paid up.Never before during or after opening the account with them did they mention a word about this.Now it seems 6 years later they are refusing to let me trade on this new account.Yes I can deposit money no problem but not withdraw anything.Surely while doing the initial checks they should have picked up on this?My ITC status is clean as a whistle…….so I am a bit confused now.Can they hold me responsible at the bank for a American Express card that was underwritten by the bank but its not an actual credit card from Nedbank themselves?

    • They are acting outside the law here.
      You can take them to the banking ombud and mention that the old debt has “prescribed” and you have a right to your funds.

  223. Hi, I voluntary went onto Debt Review in 2010, according to my understanding my DC has not yet been to court and a court order has still not been issued 4 years later. How easy would it be for me to cancel my debt review now? Currently my one loan that I do have has at least tripled in the balance owing and I feel as if I have not achieved much being under debt review. I have a very well paying job and can now afford my original instalments prior to going under debt review. Furthermore, if I opt to stay on Debt Review and have a large lumpsum of cash available will my DC connect with the creditors to negotiate my settlement figure or do I have to do this myself?

    • It is always good to work via your debt counsellor as the banks often have the wrong figures showing (like you mentioned) and need to adjust it to that of the accepted proposal.

      Remember that a debt can never more than double! It is the law NCA Section 103(5) – talk to your debt counsellor about that. Banks often ignore this law.

      You would be able to leave the process easily (especially once the National Credit Amendment Act comes into effect shortly) (even if there actually were a court order).

  224. Good day, I also had an issue last night with collectors coming to my house at 9:00pm wanting to repossess my car. My car is 2 months in arrears. I had already called the bank to tell them I will be paying my arrears on the 10th. They said they were from MFC and they were send by debt collector to get my car, when I asked for a court order they told me how expensive it will be for me to involve the sheriff of the court. They even threatened me that if I don’t make the payment today they will come back during midnight to take the car. I still refused to give them the car and eventually they left. Why would MFC send collectors to get the car when I have made a payment arrangement and how long does it take for them to get the court order if they are already threatening to come back today?

    • You did the right thing.
      Do not give your car to anyone who is not a sheriff of the court (with identification).

      Getting a court order is a long story and you can go to court to defend the matter and tell a judge about the arrangement.

      • Why not talk to your local Debt Counsellor and get some advice? Take all papers and info with and they will probably be able to point you in the right direction.

  225. Please advise if you are under administration and have prescribed debts, is it better to pay prescribed debts to avoid a negative credit record? Or does prescription not affect your credit rating with future credit from banks?

    • It is better to contest the “prescribed” debt being on your record in the first place with the credit bureaus
      A debt that has prescribed is no longer a debt of yours.
      Even making a payment on an already prescribed debt will not revive the debt somehow…it has prescribed.
      Every credit bureau has a complaints process but start with the biggest ones ITC, Compuscan, XDS
      These complaints normally take about a month to get resolved.

  226. I have been on debt review and need to know that when you loose your job and find employment again and an organisation takes you off debt review due to non payment and your debt review company never updated their records of my changes etc. Can the bank I owe money to demand me to pay what they instruct me to pay. If you have no money to pay what happens then. Why do debt review clients suffer more than those who just don’t care why cant we get amnisty

    • The Amnesty does help debt review consumers as it changed they way some information is written on everyones reports (there was no “amnesty” from paying debts at all for anyone).

      If you were under debt review you can apply again. The law does not prevent that. It is tricky but can be done.

      If a person has no money to pay then the banks must get judgments against them to allow them to collect the money they are legally owed over the next 30 years.
      This is not a bad thing it is just not a nice thing. When you lend money to people it is good to get it back from them and if they don’t collect via the courts then the debt will be written off (prescribed) and they will go out of business.

      Why do debt review consumers suffer more?: The truth is they don’t!
      They have someone helping them (when they pay for those services and pay the debts). This means they suffer less than other consumers who are not able to pay all their debt regularly. Remember that Debt Review is a legal process so the rules (about when people don’t pay) have to be stuck to.

    • In regard to paying what a bank demand: Always try to negotiate on paper or via email where you can keep a record (over the phone is not great).
      If you have no money to pay they can get a court judgment and even try attach part of salaries or some assets at your house (that belong to you).
      Maybe it is time to go back to the original Debt COunsellors office or to a new DC and get some more help. If you have no money to pay then you will have to wait for the judgment and see what happens.

      Don’t stress about that though. If you don’t have anything how can they take anything?
      When you do begin earning then you will have to start paying them something.

    • Mavis rather go visit a debt counsellor for advice on how to reduce all your other debt obligations and make a new budget for your household expenses. It will save you a lot of heartache in the long run. Most will not charge you for their advice.

  227. Hi
    I opened two clothing accounts back in 2009 and one credit card while I was still a student. I paid well until my graduation in 2010. After graduating I struggled to pay all my accounts due to lack of monthly income. My accounts went into areas and I started receiving letters and calls from dept collectors/attorneys saying that I should settle all my accounts to avoid further actions and interests or call them to make certain arrangements. I made arrangements with them but still struggled to pay because I’m still unemployed up to date. I haven’t paid all my depts since 2010.I am more than willing to settle all my depts once I find a job but I think this issue is affecting my chances of being employed. I’d like to know if credit amnesity cleared certain negativities working against my profile.

  228. hi, i am under admin from 2010 until currently. 2 accounts on my name shows that i am under admin but 3 accounts doesnt. These 3 accounts was paid last in 2009. i am considering in canceling my administration order. Am i still responsible to pay for these debts as I have heard nothing from them in this last 4/5 years? Will they see that i have canceled my admin order and are they allowed to collect the debt from me when i cancel my admin order as it is 4/5 years back?

    • I f the creditors from those 3 accounts never took legal action against you then those debts will have prescribed (see the september 2014 issue of Debtfree for more info on that).
      This means those debts have “died”. Even if you later get asked form money on those accounts they would not have to be paid.

      (if they did get a judgment or court order for those debts then they can collect on those debts anytime within 30 years of the court judgment).

  229. I had some accounts that were in arrears for quite some time but I have recently settled them in full and closed them. They weren’t judgments or defaults, they were purely arrears. They now have the status “C” on Transunion and now all show a “R0.00” balance since being settled. Now I’m in the process of trying to purchase property and wanted to find out will I have to wait 2 years to have my “slow payer” profile improved or will that “slow payer reputation” I have go away with the Amnesty now in effect. Many thanks !!!

  230. Hi Editor,
    If one has a judgment (home loan) and the outstanding debt (arrear amount) is paid up, and currently paying the monthly premiums timely, will the judgement be removed as per the amnesty? if so, after how long? Thank you

      • I had a default with a personal loan, which I have been paying without fail and managed to settle it last month. Will the default be cleared against my name? How long will it take?
        I phoned Experian and they told me it will take 2 years, is this true? If not, what can I do?

        Thank you, Dee

  231. President Jacob Zuma referred to Black Wednesday at a press conference on Sunday when the old NP government put a muffler on the press. He categorically said that the public has a right to information. If the NCR is not responding to debt counsellors and consumers complaints about reckless credit and it is exposed they have to prove that they did everything they can. I have read most of the press since 2010 on the internet regarding the NCR and African Bank and found some interesting points to ponder: African Bank was ONLY INVESTIGATED by the NCR after the Auditor Firm reported fraudulent actions after an audit at the Dundee Branch at African Bank where employees milked the system. The NCR did NOT investigate African Bank for reckless credit. The did however find some reckless credit at 23 other branched (2 each as per the report published on Parliament’s website.) The NCR did NOT refer the African Bank matter to the Tribunal. I wonder why not as the Act clearly states that that is indeed the correct route to follow. Deborah as founder of the DCI mentioning this is indeed making a point. The NCR investigated the Dundee Branch and 23 other branches, 2 cases at each were found reckless. 24 branches represents 4% of African Bank’s places of business. Is that representative and 2 cases per branch is deffinitely not representative of the reckless credit situation I think. If the auditors did not bring the NCR’s attention to the fraudulent actions of African Bank’s staff at Dundee would the NCR have investigated African Bank?

  232. hi I just want to query – I am in the process of paying off all my accounts and am left with a few, by March 2015 I will have settled all my accounts – my credit record is actually disgusting. I just want to know after I have free’d all my accounts how long should I wait for all the negative comments to be removed off my name – I was told it takes about 5years, is this correct?

  233. I also sit with the same problem with flemix I was issued with a garnishee order with the principle debt of R11575 last year january if been paying R1276.22 every month they said my last payment would be january 2014. Came that date a new one began stating I still owe over R16000 which in still paying I have a feeling I’ve been over paying these people and they scamming the customers. Can you pls assist me or give me someone I can connect who can help!!!

  234. Hi there, I checked my credit record today, but all of the sudden there is a judgement against my name that I don’t know about, however I have been paying them every month, how is this possible? I paid them every month even before the judgement was issued? What do I do now?

    • You could ask legal assistance to help “rescind” the order. Or you could ask a court to make a judgment debtor payment arrangement or you to pay a reasonable amount each month.

      Investigate…maybe you were not notified at the correct address or in the correct way.
      Remember you may have neglected to notify your creditors of a move to a new address or may have given them an old “domicilium” address to serve papers on.

      A debt counsellor may be able to advise you for free

  235. I have been under debt review since May but just received a summons to appear in court in January.I have asked my debt counsellor to furnish me proof of the court order and to date nothing.What can I do next?

    • You must make sure you submit documents to say you will go to court and argue on the day. Your DC or attorneys who are handling your debt review matter can help. Otherwise even the company who sent you the summons will help you submit documents that say you will be at court (just ask them how).

      When you go to court on the day you will have to prove that you have been paying every month and present them with proof that the creditor knows about the debt review, that payments are being made (take proof from the PDA) and any other info in regard to your situation you can think of.

      Make sure you do not ignore this!!!

  236. Ive bn garnished by this coombe ass incorp since 2013 without my permission early this yr i called dem askin abt my total amount which i owe, to my surprise i owed da company Sa loans 10000,nw at dis company i owe dem R22000 . i dnt get any papers and statements from Sa loans or coombe incorp. really dis company is destroyin me even da amount which im payin is very high.

  237. Hi. Please advice if i do qualify or not. i had clothing account about 4 years back. when i lost my job in 2011 feb i could not pay any longer. does that mean i have to get another job to pay back the old accounts or do i qualify to have my debts removed. which ones will be removed and which ones will not be removed. does it mean il always ahave a bad name ?

    • IF they have not taken legal action against you then the debt may have prescribed and then you would not have to pay them anything.

      You could go so far as to ask them to remove any info about the debt from your credit report (if it has not already been removed or even shows any more).

      If you have not paid for 3 years and they have not taken legal action during those 3 years then the debt is “prescribed”. If anyone calls you from their office you would be within your rights to simply tell them to leave you alone.

  238. Regarding admin and no word from the creditors over last 3 yrs, does debt prescribe in such a case? The admin order is only valid for 5yrs and it has been over 5yrs now. Technically are we still under admin? Have not paid them a cent in the past 2 yrs as they have not played their part by informing us of balances etc.

    Another question – Does Judgement debt prescribe if signed off as prescribed judgement debt< agreed by creditor for judgement to be taken under prescription rule?

    • Hi, I would like to know what happens in the above example? (Anon November 20, 2014 at 2:49 pm) About the admin and prescribed judgement debt.

      Thanks

    • Good day,
      I applied for debt review in November 2011 and I was given a payment structure to use to pay my accounts. Due to dismissal I could not pay the debts, so I stopped in 2012. I informed my DC. I requested a credit report from ITC, yesterday, and it shows that I am under debt review. So, what I would like to know is if my debts have prescribed? I believe that some of them have prescribed, and some do not even show in my credit report anymore. Please advise.
      Regards,
      Ben

      • Hi Ben,
        It is possible that this is the case. It depends on whether you have acknowledged the debts recently or made payments toward them to keep them alive and if the creditors have taken any legal action you may not be aware of.

        If you are still showing as under debt review it may be a case that the NCR’s system which updates the credit bureaus didn’t do it’s job properly when you left debt review. Sadly this has been true for soooo many people.
        Step one is to either ask your former DC to check (they don’t work for you any more but may do so anyway) or you can ask the NCR (be prepared to wait). You can call them on 0860 NCR NCR. This will help with the status showing at least.

        Remember that the bureau info is not always accurate(incl what is going on with your debts for a number of reasons including so called “amnesties etc). So take it with a pinch of salt.

        If a debt review status is still only showing on one bureau showing and not the others (there are 13 bureaus) you will have to use their complaints process to sort that out.

    • Hi Winston,
      If you are struggling to get a balance from Coombe then keep persisting. Remember they may not want to tell you the figure if they have over charged…

      Also try contact them on current details at FLEMIX.

  239. Hi, i bought a car from a dealer 15 Oct 2014, after 3 days i returned the car to get fixed but the problems still occured. I requested they take back their car and they refused and insisted on exchange which i was not keen on as the dealer is in JNB and im in DBN, they want me to drive up & down. So i took the car to VW Hoopers here in DBN to see if they could repair the problems, they quoted me for some but could not designate some issues, they also picked up major accident repairs done on the vehicle which was never mentioned to me at anytime during the sales process. The salesman also said this vehicle was still under VW Warranty as its under 3yrs, but since the damage was not repaired properly the warranty is void. I got back to the dealer with the info and they were adamant on an exchange rather than a cancellation, the salesman assured me the vehicles he is offering me had no previous accident, so i drove to JNB. However the exchange did not happen as i learned from the manager that they only sell previously damaged cars and i drove the same car back to DBN.

    I visited panel beaters for quotes to fix the car, the dealer was willing to pay. However the panel beaters i visited refused to quote stating they don’t do corrections or it would be to expensive to repair.

    The dealer has finally agreed to take back the car so i drove it to JNB. Things didn’t go well and i had to get police assistance in order for them to keep the car. The dealer says he will only pay for the portion he received from the bank, which is the core vehicle cost price. I have also found that the vehicle price of the car is different to what it was advertised for, i queried this and they did not provide an answer, is this not fraud?
    The dealer is adamant that all the other charges (Roadworthy test, registration, extended warranty etc + interest) are my responsibility. Is this correct? is the customer responsible for this even if the dealer was false and did not disclose previous damage history? especially since i queried this when i made 1st contact with the salesman.

    Tks
    Mvelo Sosibo
    0844721850

    • Hi Mvelo
      This is a prime example of when you need to talk to an expert at the Consumer Protection Offices. Once you do please update us as to what they help you accomplish.

      It seems likely that you will have to take this dealer to court in regard to these matters. Fortunately it is relatively simple/easy and affordable under the Consumer Protection Act (but some help never hurt)

      (readers are welcome to comment)

      • Your story is heartbreaking Mr Mvelo as i am seating with the same problem, i wish you could get assistance as i have been also a victim of being fraudulently sold a vehicle, that is priced twice the amount of its value, has no warranty no spare key.Since i bought dat car it has always been having mechanical problems. When i go to the dealership they told me that if i have a problem i must talk to the bank not them as they bought that car for me and its monthly premium keeps on increasing.They even did not give me the copy of a contract and told me that i will have it as soon as i have settled the vehicle.

  240. After paying all my debt12 accounts exspect the car with MFC on the 20th March 2014 I was only able to get a couert order on the 26 November 2014 and still strucle to come of debt reveiw.

    • Congratulations on paying off all those accounts. The court process can take a long time especially when the Magistrate is not familiar with debt review (which they should be) or the creditors play silly games about the debt review.

      Fortunately the new amendments to the NCA are going to help a lot.

  241. My vehicle has an amount outstanding from a couple of months ago, but since the I have been paying every monthly instalment. The original instalment was R 3 500. After a little financial hiccup last year we arranged with ABSA to pay R 4 000 per month to catch up the arrears amount. After this we were able to so we kept paying the same amount.
    We no ran into some troubles for about 2 months but were able to pay the monthly instalments, just struggling to get the outstanding months paid. We did however tell them that we would pay of weekly amounts of between R 500 & R 1000. Now “ABSA’s Attorney wants me to willingly hand over the car to him if I don’t pay the full amount of the car….+/- R 140 000… What can I do?

    If they get the sheriff of the court to take my car does this then constitute a judgement against my name?

    • You do not have to give them the car. No matter what they demand or threaten.

      You still have lots of time to sort out the matter and bring the account up to date.

      Even if/when you get a proper summons (which takes a while), delivered properly to your home then before the court case you can bring the account up to date and the summons is then irrelevant and falls away.
      If you are unable to pay the full amount they ask for in the summons (not the silly letters or demands some attorney is making) then you can go to court and appear to ask for an arrangement to be made (not always successful) and show the offers you have made via email/in writing to them to bring the account up to date. (don’t just agree to stuff over the phone. Make a written record and if they tell you things then mail them with a written confirmation of what they said and save a copy of the read receipts.

      Also be aware that the courts are about to close for the end of the year…giving you even more time…

      Do not give anyone the car!

      If they eventually do get a judgement against your name because you can’t pay only then can they send a proper official sheriff of the court to take the car (after they get permission to do that from the court).

      So don’t just give anyone your car.
      You still have time to bring the account up to date.

      Make written offers and keep records of your offers.

  242. the problem is, most of us would like some deserved time off…… how shall we prepare consumers to not panic and not freak out? Ask the person to show his sheriff card, they usually do not have one and SEND THEM ON THEIR WAY to come back next year or to take down all their detail, copy of ID also and we get an interdict against them, one after the other???? Ah, see what I will do December…. make the legal fraternity rich.

  243. Good day

    Hoping you can help me by enlighting my situation. i opened accounts a few years ago and due to unemplyment, i stopped paying. some of the unpaid accounts dont show on my credit report, two of them show paid off and account closed respectively. on the paid off account i still receive messages, vmail to pay, the tricky part, i didnt pay off any accounts, so must i pay for them? and aso must i pay for all the debts that are not showing on my report?

    Thank you kindly

    • IF you last paid anything on the debt more than 3 years ago and the creditor has not gone and got a court order on the accounts then the account has “prescribed” and you do not have to pay.

  244. I purchased a vehicle in April 2014 this year from Weiss VW stamfordhill road. The very following weeks I started to have oil leak, turbo problems and a vibration as soon as you drive over 80kms. When I contacted the dealer, they referred me to Dekra AA as I was told “since they carried out the roadworthy inspection test, they are liable”. Being kind I took the vehicle there. The vehicle stayed there for 5 days and they had stated that the oil leak was from the turbo and that they had fixed it. Thereafter the car went for a further two days to a tyre company as apparently the four rims were buckled. When we brought the car back, everything seemed to work for a simple 2-3 days. Thereafter the oil leaks started again. Upon asking for the COR and turbo repair certificates/invoices, I was told it is unattainable as their systems crashed at Dekra AA. When I contacted the dealer they asked me to go back to Dekra AA again. Dekra AA said this was another fault but weiss vw refused to give the go ahead to have the repaired. Ever since I’ve had endless problems. I’ve notified the dealer principle and all he said was that the car is under a warranty plan and that I ( the client) should make the necessary arrangements to have the vehicle fixed. I finally booked the car with audi and upon diagnostics, when the service adviser contacted the warranty department, they said that the car had to be mechanically broken down and the warranty didn’t cover oil leaks. I had to invest R1140 just for this diagnostics. Audi did quote me R38000 to repair the vehicle. Another engineer had advised me that the turbo is still damaged and Dekra AA had just placed a pipe and two clamps on the turbo which was not mechanically right. To date I am utilizing 2 pints of oil should I need to go out besides filling petrol. The car smokes very badly. Through all this of going back and forth with weiss vw, I decided not to pay for the vehicle as they were not keeping up to their side of the deal of selling me an excellent car with no defects. Their service level is pathetic and since I have only paid R2400 towards the installments. I am so fed up of MFC and weiss VW. This dealer won’t help and the reason is because mfc have already paid them. I contacted mfc who were going to assist me get my car sorted initially, then they sent me a letter stating that it is between the dealer and myself. Mfc asked a person from beveers to contact me regarding collection of the vehicle and soon as I explained why I had not paid, he backed off. Now they have another person from WJ legal contacting me wanting to take the car away. Yesterday he arrived at my home with a tow truck but unfortunately I was at work. I did say to him prior on the telephone that I would not hand over the vehicle and he threatened that he would get a court order. After reading this site I am so glad as I am not the only one with the same agony. A family friend of ours who is an ex-prosecutor advised that I should wait for the summons first. Please advise me whether a court order can just be granted or must summons be issued first.

    • They have to notify you of legal action at the address you gave them as your “domicilium” address.
      You then have the right to defend that action.

      The problem is if a sheriff of the court shows up (a genuine sheriff not some wanna be) with ID and proof and has all the correct papers from a court (legit papers stamped and dated etc) then…you have a problem.Sometimes creditors can be sneaky and try go to a court far from you and send documents to old addresses.
      Make sure they have your current address.

      Send them an updated address and keep proof that they got it if you do move anytime soon.

      • what if indeed they have been sneaky? They sent all communication to my old address. (I also did not update them of new address) But tracers did come to new address and we refused with vehicle. We were communicating through email all the time but they never once mentioned the Section 129 letter on email but chose to quietly send it to old address. There should something we can stand on on this regard right? they did not have our best interests at heart I feel because if we know about debt review we would have taken that direction. There is a court order now and judgement. But i honestly feel they were sneaky. Do feelings and alleged sneakiness stand in court ?

        • In your contract you signed with them, you promised to notify them of any move. This is a contract condition you broke when you moved and did not write to them.
          Their sneakiness may have followed after that point. The court would be interested to see if you stuck to the contract BEFORE they got sneaky.

  245. I think the only debt counsellors who object to using DCRS, are the DCs not using DCRS! Yes, you can achieve the same results with a manual proposal, but unfortunately all creditors do not reduce interest rates and fees, the same as with DCRS. The DCRS program is way easier to calculate, as a manual proposal. HOW can it not be to the benefit of a client, where interest rates and and fees can be reduced to as low as 0 on unsecured debt, and repo + 2 on secured debt – and a client pays back his debt over a reasonable, set time. We are using DCRS from the start, and our monthly payment rate increased tremendously.
    ….

  246. Good day

    I have recently handed over my vehicle to gentleman whom i believe is a sheriff of the court.
    in 2013-09 I applied for debt review with ADCAP, and apparently my vehicle was not paid from then because ADCAP did not have the correct account number. I had moved jobs and cities so I never recieved the summons if any was issued. so what I need help is what can I do to rectify this, and where can I get help. I only found out about this when the bank called me in september this year, and I asked ADCAP to rectify this but between them and the bank kept hearing different stories. ADCAP saying the Bank was contacted and asked to provide the correct account details, and the bank saying the account was placed under debt review but then later removed due to non payment. The bank says that I would have settle the account for me to get my car back.
    I am now left without a car and possibly a judgement against my name, I feel a system to was suppose to assist me has actually left me in a worse situation than I was in.

    • Thanks for contacting us.
      If you were happy to hand over the vehicle because you saw the sheriffs ID etc then you did the “legal” thing. It is always a good idea to ask to film the sheriff identifying himself on your phone these days incase it later comes out that it is not a sheriff or someone with fake credentials (it happens). Another avenue is to offer to hand over the car at a police station.

      So it seems some mistakes were made:
      1)the wrong account number.
      This does happen from time to time and as seen the bank will provide the correct details and often that will sort things out …if they have not gone so far (repossession).
      It may be that the bank itself gave the wrong account number or it may be a data capturing error or the bank may have changed account numbers when it was handed to legal (silly practice that most banks now have changed).
      This is an important reason why consumers need to draw a statement from the bank about 2 weeks after the court order is granted to check (or sooner).

      2) many consumers don’t update the bank as to changes of address. It comes back to haunt you (as you have seen in this case).

      3) the legal route may be needed to sort this mess out and rescind the judgement and have the account put back into debt review (away from the legal dept). There will be costs involved.

      As to settling the arrears before getting the car back…that is a common request.
      At this point you will have to coordinate with ADCAP and see what is the most affordable option and best option in regard to transport etc.
      It will be a battle.

      The system (if it is debt review you are referring to) has helped. In all likelihood if you were behind on payments when entering debt review then judgements would have been forthcoming a while back and then EAOs or garnishee orders which would have reduced your ability to pay for the car and then because of the incorrect domicilium address the summons would have come and gone and the vehicle been repossessed a while back. The only big difference is that within the debt review system at least you now have legal recourse to fight the matter and help in doing so from ADCAP.

      Sadly these things do happen. The banks debt review departments want to make a plan but the legal department want to tick a box and get an attorney to issue summons and ask for summary judgement. After all it is the credit providers who are taking legal action here not the Debt Counsellor. Unfortunately the Debt Counsellor can only take matters to the courts. They have all the power not the DC themselves. The DC can negotiate and arrange but ultimately the Courts are in charge.

      Let’s hope that once the banks see your determination to fight at court level they make a plan to get the vehicle back.

      Please keep us posted on progress in this matter.

      • My situation is similar. I was under debt review and only after 3 months i noticed that my arrears have gotten worse since the debt review company has not been paying my accounts. So i decided to pay wesbank again. I 1st tried to negotiate with them if i can pay the arrears in instalments they refused. I gof sick because i was pregnant and got admitted. I have paid half of my arrears and the called me to say a sherrif needs to collect the car. I again asked the lady that i want to settle the arrears she said i must not bother paying the account anymore. They want the full outstanding amount or the vehicle. Im confused on what i should do

        • It is a pity that you made the mistake of dropping out of the protection of the debt review (even though you saw the balance shift – which always happens – month 1 Debt Counsellors fees, month 2 legal fees and month 3 payment for reckless credit investigation and money to the credit providers). Perhaps you did not fully understand the repayment plan that was going to be sent to the court. Anyway, since that happened and you are now being pestered by the credit provider and their collections agents.

          1) you do not have to give anyone your car. They can go to court and you can fight about it there if you want to.
          2) You can pay up the arrears at any time and they will then legally have to leave you alone (if they don’t they can get into trouble)
          3) If/when they summons you, you MUSt go to court and defend the matter and explain to a judge and see what they say. Make sure the bank has your current address so they can send you any legal documents to the right address. That way you can go defend the matter (you can even ask the collections attorneys how to defend the matter if you can’t afford an attorney).
          4) The collections people want commission. The more you pay the more commission they get. Remember that. They also want to try get the car since they get a nice commission for that. If you remember this you will understand why they don’t actually encourage you to pay the arrears (which you should do).

  247. Hi I am behind 2 months on my car payments to Wesbank…the total outstanding is R9000, due to me losing my job and being out of work for 2 months and I have been paying my monthly instalments as well. I contacted Wesbank today to make a new arrangement. The lady in collection solutions now tells me that because I didn’t honour my previous arrangements they have already sent a letters out for the car to be repossessed. Can they do that?

    • They can and will do such things.

      Remember though they have to send a summons not just a letter to demand the car.
      They cannot take the car until their has been action at court. You can go to court and show the court proof of your arrangment.

      Have you asked them to claim on your insurance on the car (if insured through them) for your repayments since you have been retrenched.
      The insurance may cover several months payments (if you claim within the time allowed).

      Call them again and ask about this.

      Remember never give your car to anyone who is not a sheriff of the court with a signed and stamped judgment from a court (which you should have been notified about and been able to go to to defend).
      Even if the sheriff does come take a picture of him and his ID as a sheriff as well as ask for copies of the court documents and suggest that you hand over the vehicle at your local police station in front of witnesses.
      Even better if you video them.

  248. hi
    please assist or clarify this for me
    I paid up a cc in may 14 according to the amnesty it had to be paid before the end of may 2014
    I pulled a credit report on my name today 05/01/2015
    and it still shows all the months that were not paid in full
    are those records not supposed to be removed
    and I am being told that that specific cc rating is why I do not get credit
    thanks

    • Hi Shumani,
      You need to contact one of the credit bureaus in regard to that.
      You can also try their websites.
      We also have contact details for them at the back of Debtfree Magazine each month in the service directory section.

      Hope that helps.

  249. i was offered and interview and did very well on it i am trying to get a new job but i was told about my financial default, i am wondering if that would hamper with my ability to find new work so that i can my debt with the money from my current job when i resign?
    Thank you !!!

    • Hi King,
      Soon employers will not have such access to this info (or at least not with ease).
      At present it depends on what future employers are worried about. If you feel it is an issue and will always come up then you need to address this in your applications for work and not “hope” they will not see it.

  250. Hi, I was unable to pay my clothing account for 6 months because I was at school and unemployed and I started to pay last year December because I was offered a job(contract). Now my previous employer (absa) wants me back but they cannot take me because I am ITC listed. What can I do because I need to get that job so that I can pay up my debt and I am worried because my contract ends next month? how am I going to pay my debts then

  251. Our car was reposed on Monday our instalment are R 14 000 in arrears , Collection Solutions sended a tracer to take the car . The tracer confirmed we have 15 days to pay the arrears amount plus R 480 storage fees but he will try and arrange with Wesbank to only pay 70% and the rest with out monthly debit order . When my husband phoned Wesbank today to find out what amount should be paid , the lady confirmed R 25 000 . Please help why would the tracer confirm a different amount than Wesbank surely he should give you the correct details ?? There were no court order .

    • Sadly this is because the person you gave the car to had the simple job of getting you to give them the car without a fight or without any legal action. They are told to do so by any means necessary…
      Unfortunately once you have done so (voluntarily handed over the car) the bank now have all the power and you are stuck dealing with the bank’s attorneys.

      For others reading these comments please note that you never have to hand over a car (unless you want to) to anyone other than a sheriff of the court with a GRANTED COURT ORDER and with proper identification.

      If you ever do decide to hand over a car to be auctioned off then be sure to record (on your phone) any offers or promises made.

  252. I lost my job in March and because of our marriage COP we decided to go under debt review where all debts we combined . My wife has been paying the agreed payment amount of R16000 pm we would like to settle some of our debt. What are the changes that it could reduce the payment amount? I am still not working yet and it is getting a bit tough.

    • Reducing a debt review payment once there is a court order is tough. It can be done but involves a lot of hard work and maybe even going to court again which will cost money.
      Better to try push through and find work (whatever type you can for now).
      Consider those last few items that you could maybe sell in a yard sale to help makes ends meet so long.

  253. I am being declined by credit providers because of too many enquiries in my name, due to short term loans taken out in a short period of time. Someone wanted to charge me R3000 to have the enquiries removed from my report, and claimed that it would increase my score. Is this advisable or should I just wait and see what happens after one of my accounts is paid up?

    • If they can do it for R3000 then you can do it for free.
      Are you sure that is why you are being turned down. Ask for the reasons in writing to make sure you have a clear understanding of why credit was not granted to you. It is a right under the NCA.

      • Yes, apparently each time I enquire for credit it goes onto my report and this shows something bad, like I’m “in need of credit” in a short space of time. FNB declined because I don’t have a payment history, but how am I to prove I can keep up with my payments if no one is willing to give me credit? My credit score is currently on 437, and according to credit criteria, that is TOO LOW for me to get credit…

    • It depends what the sequence of events were.
      IF the debt already prescribed and then people went and got a judgement then you have a case.

      If there is an old judgement then the debt will not prescribe for 30 years due to the court order/judgment.

  254. How long does it usually take them to get the legal documents, I have a tracker trying to take my car and I have avoided him as much as possible so far I just need to know more or less how much time I have as if I loose my car before I get another one which will only be in 2 weeks I will loose my job and children

    • It can take weeks or even months.
      You do not have to give a car to a tracker no matter what they tell you.
      Even if they show up with a summons or even a judgement you do not have to hand it over.

      Only a sheriff of the court with ID and proper papers can demand a vehicle from you.

      JUST SAY NO.

      in the mean time go to a debt counsellor quickly!

      • Hi I am just about R1159 IN ARREARS AND this month only paid a R1000 and next I’m gone pay another R1000 I did make arragement to pay 2500 but could not this mont but I am paying R2000 CAN THEY COME TAKE THE CAR

        • They can come and ask…if you then generously (or perhaps foolishly) decide to just give them the car (say bye bye) because they said they want it and MUST collect it, then they can take it without going to court (and the long time it takes to do that).
          You don’t have to though. In fact if you do you will probably lose the car and never get it back even if they say it is just to store the car so long…(careful).

          If you tell them: No you can’t have the car then they need to go the long legal route and you can defend the matter and catch up payments in the mean time.

  255. I really need help urgently we are in the process of buying a house and I have been put on the Blacklist for something I did pay. The services provider Ode Retief and Delange passed away and I have been struggling now for a few months to get someone to just give me a letter that the account was settled. I have proof of payment and the person who is dealing with this now has no file or anything proving that I owe this money please please Help!!

    • You can raise this issue with the major credit bureuas and query the listing they have about this account. Be sure to visit their websites and download the complaints form and add all the info. They will investigate within a month normally. This may assist you.

  256. I have been sequestrated and make my final payment to the curator at the end of August. How does the Act help me and do I need to apply for rehabilitation?

  257. Good Day,
    on applying for a loan, I discovered I was blacklisted, on investigation I found I was blacklisted for a short payment on an insurance claim. The car war stolen 5yrs ago and because the insurance did not cover the entire amount, I am held liable for the shortfall. On my original application form for car, the sales person ticked the incorrect option although I asked for and was under the impression that I was covered for it. please advise the way forward,
    thank you.

    • You could query this with the credit bureaus themselves and see if you can convince them of your case. They will open an investigation and within a month you will know one way or another.
      You would have to do this with all the major Credit bureaus as they each run independent businesses.

      Also you will need more than the account of your side of things. rather you will need some documentation or correspondence regarding your preference. Otherwise this will remain on your report until the matter is settled or a certain time period elapses.

      Remember that you are not “black listed” as in you cant get credit simply because of one bad listing. You could have several and still get credit.
      If you have applied for credit and been turned down then you should ask for the reason in writing (which is a legal right you have under the NCA). This may give you a better picture of why you are not getting credit.
      Maybe the creditors simply feel that after your household expenses each month you have nothing left for taking on further credit…

  258. Good day,
    my wife and I are subsequently finish with being under debt review ( this is the 4th month of conducting the balance of the accounts at there original installments) how long after debt review can we approach SA home loans for a bond?

    thank you

    • You can approach them as soon as you want. As long as you can afford credit you should be able to get credit.
      it might benefit you to draw a credit report and see what it says before you go apply.

    • It is probably better to do this through your debt counsellor to make sure you don’t end up paying too much. This can happen very easily as some creditor systems have not been adjusted to your court order.

  259. I had a bank loan and rcs card on my name. Its clear from my name now, but my credit score is 000? How do I get accounts? I need to buy a car?

    • If you can afford credit then maybe you could consider a smaller (fashion) account maybe with a small limit?
      That is if you are looking to access credit again.

    • This is my same problem. My credit score is on 437 and I am unable to get credit too. I have never had an account and because of that it is working against me. Perhaps, try companies like Gallardo Finance Corporation or check on Autotrader.co.za for vehicle finance.

      • Around 10 million South Africans have a poor score of:
        An Average Score of 618 (high risk)
        Comparatively your score while not great is pretty average. It does mean that creditors will be weary and if they do give credit they will have to be 100% sure you can afford it.

  260. Hi, I would really appreciate your help.

    i went to a bank to check if i qualify for credit, and the lady told me that i am under admin but when i check my credit report there are no court orders or anything just that my risk is high. so i wanna know if shes wrong or what

  261. Hi, i applied for debt review in 2011, i paid all my creditors under counselling except one, in october 2013 i felt i was able to pay the one credit that i had on my own then i applied for voluntary withdrawal from counselling and my consellor provided form 17.4 and send it to all my creditors for removal of debt review in 2013, i continued paying that one debt in full settled the account last year 2014, This year i need to start applying for my home loan but my details are not updated all the creditors system reflects that i am under debt review, what can i do in this case?

    • The first step is to make sure the debt counsellor updated the NCR.
      You can also check with the NCR direct.
      You can also query any credit bureau showing you still under debt review by filling in their complaint form.
      They have to try sort it out in 21 days.

  262. Also need help I’m blacklisted because I lost a job and I couldn’t afford to help Jet and Foschini account. But last year I paid all the credit for Foschini account I left with Jet account. If I finish all my credits how am I gonna clear my name

    • Once your debts are settled the credit bureau report will show the account is up to date or paid in full. Though past payments may reflect poor performance your current standing will be good. People want to employ you now not last year :-).

  263. Hi Editor

    if your payment history remains for two years. i have a account that was opened in 2011 and 2012 and has been on my payment history since. is it correct to be still on the ITC report? does the 24 months period not apply?

    • It might depend on the type of account/debt and whether there was a judgement on the account…
      Feel free to query things with the bureau via there normal complaint/query form (from their website). It takes about a month but you should see something happen or get info on why that is still showing.

  264. I applied for joint application but my wife stopped working in aug 2014 at the moment we are struggling I sometimes feel I want to get away freom debt review please I need advise and also want to know if standardbank have debt review?

    • You need to go back to your debt counsellor and discuss whether you need to take the matter back to court again and ask for a reduction . It is tricky and involves some costs but might be worth it in the long run.

  265. Good Day,
    My wife was under debt review before we got married and she still is now. I just want to find out if the is a way of buying a house while she still is. My credit history is ok. I also want to know how long does it take after her debt is payed to be clear off the system.

    • It takes a very short time for the status to disappear.

      The tricky part is getting the debt paid up without having to over pay. Be sure to consult with her DC (in person if possible) about the accounts so that they can start getting all the figures together and you can settle up. Beware of settling up at a branch level as you will end up over paying.

      If you are married in COP (and she is still under debt review) you will not normally be able to get a bond.

  266. Mine is different issue. I got a car from private individual on condition to build his house at cost of R60,000.00. The house was not build becoz the City refused the plan. He is a mechanic also. I gave him my truck to fix plus R17,000.00 but he failed. Later he told me I can buy the car in exchange of my truck, R17k plus balance of R30k. We agreed I shud pay him in DEc, Jan, Feb and Mar. I could not manage pay him in Dec Jan and he came to repossess the car. What shud I do? I am yet to get my truck, R17k refuses to pay saying is part of wear and tear? Or can I have right to get the car back?

  267. Lynne will surely be missed. I wish to thank Lynne for her contributions in the debt counselling industry and for opening the doors for communication between debt counsellors and credit providers. Here’s wishing you success in your new endeavours. I would also like to welcome Athaly Khan and look forward to meeting her in the near future. Kind regards, Romie.

  268. I received the following sms and wants to know if it is legal to threaten me like this:
    Message from NRR, your Legal Nedbank Credit Card Account will be handed to Attorney Erasmus to institute LEGAL ACTION against you, at your place of WORK / HOME to recover the sum of R 3 726.39 as at TODAY. You will be liable for all ATTORNEY COSTS. Call Toll Free 0800002118 Ref CCR0074 to AVOID THIS.

    • It is not illegal and it actually just says that they will be handing your account to attorneys who may at some point try take legal action. First they will try get you to pay the debt though.
      If you are having trouble paying your debts why not go see a debt counsellor for some advice?

  269. Thanks for this informative article. More and more we are coming across “Fix your debt with sequestration” offers and the consumers are not being made aware of the effect on them. This article lays that effect out and we will be using it when approached by consumers in the future.

  270. Hi There

    I would like to apply for a bond but I know that my name is not good, I would like to clear my name so I can have a clean start but I am not sure who I owe and how much, I would like to get a full report of this where can I start

    • Why not Google ‘Credit Bureaus’ and see what comes up?
      They all have online options in getting your credit report.
      All have to give at least one free report each year.

  271. This is a ****y company. I have signed an agreement for my debit order to go off on the 25th of each month. That only happened for 2 months and after that they debit my account whenever they feel like it. They don’t even send me statements to track the amount that I still owe.

  272. I’ve been under debt review since 12/05/2010 and has been paying all the years owing R84256.03 and my installment is R1557. 95. How come today I heard that I still owe R71000. How is that possible! Please email me at the above email address.

    • Allen, Due to the small amount you are paying and the amount your creditors add in interest your debt is slowly decreasing. If you pay more each month you will be able to force the debt down faster than your creditors are adding interest.
      Consider: If your creditors are only charging you 10% interest per year (and it is probably more) then they are adding R 8400 to your debt each year. You are paying R 18 695 each year. Meaning that your debt at only 10% interest woudl only drop by R10 000 a year.
      In all liklihood they are charging more interest (a higher percentage) So while debt review is helping you live better each month and have enough for your family and to pay off your debt slowly over time the ultimate solution is the same as for people outside of debt review: Earn more or spend even less so you can pay more toward your debts.

  273. Hi..
    I would like to be assisted in this matter as i purchased a phone at Edgars Active on the 28 feb 2015 name of the phone is verssed motion E1 tablet now my tablet screen is damaged yesterday….I tryed to talk to them yesterday about this issue cause it cant be fixed anywhere but since well i bought from them they should be able to assist me but they say they cant ofcourse im gonna pay the cost of fixing it cause didnt insure it,and it crossed my thoughts that if i could have insured it then what when they say manufacturer can take it…and its not even a month of purchase!!!

    please help…
    076 750 7354

  274. My partner and I applied for our first bond in November 2014 and it was declined. For ages we couldn’t find out why and we asked but no one came back to us. Eventually after digging we phoned Experian and it said we had a judgement for a ABSA credit card up to R40k and were listed in April 2011. TransUnion and other credit bureaus have no listing for my partner ( his account is conducted in a good clean way apparently.. so I saw) My partner owned a business which was liquidated in late 2007 all the finances were taken care of by a company that sorts things out for companies that go through liquidations and he was not owing people money or anything . Since been back in SA, he nor his family or I were contacted about a credit card outstanding, we had no summons, nor a court order to go to court. I would like to know what are our rights? How can you list a person, 4 years later? How can we have a judgement, if neither he nor anyone else, received the summons to appear in court? As far as we were aware and after the money one paid to sort the company out in 2007. What are our rights? We didn’t know we had a judgement for 3 years. My partner says we must leave it, because nothing will happen or ABSA will reinstate the Judgement. He hasn’t have the paperwork anymore after all the relocating we did in the past and the overseas experience.

  275. As a correction to this post: the Act only came into effect later as there was no published effective date in this printing (it was only in March 2015)

  276. i need assistance in a matter where i received fines but is not in possession of the vehicle ,fines falls under your jurisdiction and i am from paarl , western cape

  277. hi
    I just want to find out – I have been under a lot of debt and from 2012 till to date I have been paying and paying and paying all my accounts freeing them off – I have made an arrangement with a debt collector mbd inc that I will settle my acc after 3 month and they gave me the figures with the instalments – when the 3 months were up I called for the paid up letter and they said I still have a balance then when I asked for our recorded arrangement they refuse to give it to me, further on they deducted more money of my account which I never authorise and I came to a breaking point where I just wanted them to get off my back so I further paid an extra R100, I am now requesting for a paid up letter and still I get nothing… please can you advise how can I get a paid up letter when I asked them if they will forward the letter to the transunion they say no I have to do it, yet they don’t issue me with the paid up letter. I have looked up on hello peter against this company and there are so many people having this problem. please help me as I am desperate to sort this issue out as it is carrying on from November 2014

    • Sadly you are not alone in these issues. Just keep calling, emailing, faxing. If necessary remember they are governed by the law society (hmmm). The new amendments to the credit act are in force and so they HAVE to remove the status if you have paid it up. ‘Maybe pop into your local Debt Counsellors office and see if they will help you draft a more forceful letter/email.

  278. I am in arrears with Wesbank the amount is relatively large and I have received a summons. I am trying to catch up with the arrears. Also can Wesbank refuse to accept any offers I make to settle the arrears?

    I am trying to make R10 000 extra per month payments to reduce the arrears plus my normal payments?

    • If you have received a summons and dont have agreement from wesbank then you need to go to court. You have to or they will get permission to take the car. If you have proof of your offer and extra payments then the court may not grant summary judgement or the attorneys may accept the payment offer. Do not ignore the summons!

  279. Hi, I need urgent help please. I have opened a case at your [ the consumer protection office] offices in Polokwane in November last year to assist me. I were in the process of buying a property and the contract were ended from the seller at the last moment. Now the they are sueing me for all the legal cost and. I tried to phone the offices in Polokwane but is only ringing.

    TX
    Martin Venter

  280. I have been in arrears before but I have brought it up to date. My vehicle is financed with ABSA. My instalments are R 2 036.00. I am in arrears for R 3246.85. I want to make arrangements but the repossession officer advised that theres no extensions granted and the car will be repossessed. Please can you advise the length of time I have before the car actually gets repo

    • only a SHERIFF OF THE COURT with positive ID (take video of anyone showing up saying they are a sheriff) WITH a stamped warrant from the court (COURT ORDER) saying specifically that they can take the car can legally force you to hand over the car.
      If you want you can ask them to do so at a police station where you can ask the cops to confirm the persons Sheriff ID and the Court Order.

      Do not give anyone else the car even a sheriff without the court order or a person with a court order but no ID as a Sherriff.

      If you were in arrears and brought the account up to date they have to issue a new summons (did they have a judgement last time?) etc.
      You can oppose the summons and bring the account up to date again etc.

      Remember the repo man gets about R2500+ to get you to hand over the car without having to call out a sheriff and get a real court order etc. They will be convincing so feel free to video anyone who comes calling.

      Having the car collected on a warrant takes a long time and you can ask the SHERIFF for the return date when the matter will go to court again before they can auction off the car (if a real sheriff is calling…doubtful!)

  281. Kindly advise this matter urgently.

    We received summons for the car that is on arreas for 10k and wham I call wesbank to make payments they can’t assist due tot this new act ( on 13 March 2015, the amendments to the National Credit Act came into operation. The new section 129 (4) precludes the bank from reviving a cancelled agreement. Legally speaking, as soon as summons was served, the agreement was cancelled. For us to accept any proposal may be considered being in contravention of the new legislation) please advice what the way forward. Thanks

    • Well that sounds very weird.
      If the agreement was cancelled then you would not owe them anything…

      Victor, It is important to get this sort of info from them in writing so that you can go to court to oppose the summons showing how you tried to pay them and how they refused. It sounds more like an attorneys firm than Wesbank itself you were dealing with??? Anyway:

      You will need to reply to the summons and say you intend to defend (you will need a little legal advise on how to do that – ironically the company that served the summons might talk you through what to do and how to do it…call them or email them)

      If you do not oppose the matter they will get a judgement and come calling for the car so do not ignore it. If you want to make an arrangement then you have to take action now. Maybe head into your local debt counsellors office for some help on how to do this. They will probably not charge you for some advice.

      Part of your defense will be how you want to make an arrangement and want to catch up the arrears and how you have been trying to do so.

      You are about to learn a lot more about SA law and how the courts work but don’t give up.

  282. Good Day
    Can you please help or advice where to go for help as I received this letter from a Debt Collector threatening court actions.They are Traceonline.I am unemployed and don’t have money to pay.

    • All we can suggest is that you try pay R10 a month toward the debt so long.
      They are acting on instructions from their client (your creditor) and will just continue to threaten and harrass.
      If they call you then ask if the call is being recorded. If so refuse permission to have your voice recorded.
      Just keep repeating that till they hang up.

      They are within their rights to take legal action. You agreed to that in your credit contract and it is the law.

      Perhaps send them a writen offer of R10/month for now while you are unemployed.

      Also if this happened recently check with your credit provider that your account did not have some sort of insurance cover for payments if you lose your job. (some do).
      Ask them for copies of your original insurance (credit life) policy and ask a debt counsellor to look over them when you get them (after a long fight no doubt).
      It is time for you to push back.

  283. I had a garnish taken against me claiming I owed African bank R60000. coombe abd associates used a fraudulent signature and had the garnish taken out. when this was recinded I did not get my money back as this account was paid in full to African bank. they took another garnish using the same docs but a different reference and is claiming money for another account paid up, they are now deducting r499 a month for something I do not owe and this was granted in Kempton Park when I live in Durban. I have to go to Kempton Park to get this rescinded and the attorneys fees cost a fortune. this fraud needs to stop.

    • You need to speak to your employer about this matter.
      Gather all the “evidence” and try to speak to a legal clinic or attorney.

      You are correct that the matter needs to be sorted out at the issuing court (which is sooo far away…on purpose).

  284. I bought a car at free state wheels but i did not make payment this month so they send 2 people out to my house and they told my wife that i did not made a payment this month so they are here to repo the car. The lease is in my name. So my wife said they cant take the car so they phoned a tow truck and tow my car away while my car is locked and ithave the keys and they didnt show any paperwork. Is that legal? And what can i do?

    • It is illegal. There is no way that they have a court order (or are a sheriff of the court).
      Your car has been stolen.
      Report it to the police and contact an attorney at once if you have a contact name of the company that supposedly came to get the car.

      You need to lay criminal charges.

      Why not try Liddles or Steyn Coetzee attorneys. Depending on where you are in SA of course.

      http://www.steyncoetzee.co.za/
      http://www.liddles.co.za/

  285. Please explain again what prescribed credit means? I have several accounts that was handed over to collection agencies in 2010-2012 when I was retrenched. I have been paying off small small amounts monthly but they keep hassling me with settlement discounts etc. Should I still keep on paying? These accounts do not appear any more on my credit score/report. If I don’t have to pay it anymore what should I tell them the reason for not paying.

    • If you have been paying (even once every 2.9 years) then these accounts are still “alive” and have not prescribed.
      Prescribed debt is where you have not paid and have not acknowledged the debt on a recording or in writing for over 3 years and the credit provider never bothered to go to court to get a judgement.

  286. mydaughter have been sequetrated without any knowledge that they are sequestrating her, this thing of signing without reading. how can you help her. She cannot move on with her life anymore, please help.

  287. Hi

    I was under debt cancelling then due to some miscommunication with my debt councellor they didnt decuct money for november & december(new pay day due to new job). Fortunately I received some money from my old job, January 2015 I called the debt councellor because I wanted to pay them what was due to them and pull out of debt review because i could afford to pay off all the debts. They sent me the Form 17.4 which I sent to my creditors and i was able to pay off all my debts by end of March. What I want to know now is what steps do I need to follow to remove the debt review flag in my credit score and how long will that take?

    Thanks

    • The Debt Counsellor should simply update the NCR and they should notify the credit bureaus within a few days.
      If this has not happened then (1) the DC has not let the NCR know, (2) the NCR have not informed the bureaus (3) the bureaus are being lazy and you need to open a complaint (which they need to sort out in 21 days).

  288. Hi, on 22/04/15 I received a call from mobile number 0718834643 from a guy claiming to be a repo agent from Wesbank sent to collect my vehicle. I am three weeks late on my car payment. I explained to him that I am three weeks late and had not gotten paid yet from my employer and that payment would be made asap. He said he had to collect my car and that I should give him either my residential or work address. I refused to give both. He said I had 24hrs to pay the arrears amount. I requested a statement, which he emailed. Details on the statement were incorrect. He continued to contact me throughout the day making threats to collect the vehicle if I do not settle my account. I was unable to visit or contact the bank due to work related commitments. At 17:45 I called the wesbank call centre to enquire and make a payment arrangement for Friday the 24th and could not get through. Just before 6pm, the man said he would collect my vehicle from work the next morning. I am now waiting for the bank to open so I can find out what is going on. Is this legal and can the bank repossess when a client is just a few weeks late? I also want to understand why the bank never gave me notice of the amounts in arrears if any and what kind of bank contacts people with mobile phones that do not formally identify themselves. I was not given names or any form of identification on the phone. The statement I received had questionable details about my vehicle finance contract amount and monies left to settle the car repayment plan. I am 15mnths away from my settlement on the car repayment plan. I am afraid to go to work as I do not know if this guy can trace my car. Please help.

    • A car can only be repossessed once you have received a letter warning you that a summons is coming (a Section 129 letter) actually received the summons, had a chance to respond to the summons, had a court date/application for summary judgement, a court order has been granted, a warrant of execution has been issued and a sheriff of the court hired to go collect the car. That is a repossession.

      Anything else is a collection agent trying to “trick” or convince you to voluntarily hand over your car so he can get a big commission (which is then added to your bill).

      You do not have to give the car to anyone who is not a sheriff of the court who has a court order and warrant and have had the chance to defend the matter in court.

      if you want to tell this guy to go away…simply do so.

  289. Hi there. I am currently on debt review. But with a lump sum have just paid off all my accounts. Except my car which is still under debt review. My question is…If I take my car off debt review and pay the bank back directly and obtain a 17.4 form from my debt counsellors, will my name still be listed badly? I have received paid up letters from my other paid up accounts – how long does it take for them to update with the credit bureas? Or should I just leave my car on debt review till its paid off? Financially I am capable to make payments. I am just not sure if I should remove the car off debt review or not. I want my name clear sooner rather than later as I am looking to apply for a bond in the new year 🙂

    • The idea of debt review is to use it while you need it. That said you should try bring your car account up to where it should be right now (without the debt review) before leaving debt review. This is a great goal to set and try reach before applying for more / new credit. Be sure to include your DC in all the steps you take in this regard. Don’t be too hasty. Wait for written confirmation from the creditor etc.

      The bad listings should be removed (as now paid up) after a short time. If they persist you will have to query them with the bureau showing them. Some creditors are slow about taking the needed action as per the new amendments and regulations.

  290. I was garnished by Coombe and associates for R15000.00 and paid them off and they garnished me again on the same account of African bank for another R15000.00 which initially i owed African Bank about R8000.00. This means i paid Coombe and Associates over R30000.00. On my payslip for this month it shows that my balance is R1733.81. I think i was over charged and this amount to mal business practice. what do you think or what must i do?

    • You need to go talk to your local Debt Counsellor. It would seem you may have paid too much and should get some funds back.
      They may be able to assist you (for a small fee) or at least give you good advice after looking over all the paperwork you have about it.

  291. Hi. I am currently under debt review but I want to cancel it -because since the beginning of March this year I’ve been trying to phone the debt counsellor but I can’t get hold of them so I want to know how long is going to take for the debt review to cancel me if I no longer deposit money in their account?

    • Cancelling the debt review is bound to just cause a mass of confusion with your creditors and will probably hurt more than help.
      Why don’t you just go into their (the Debt Counsellor) office?

      Another option is to switch Debt Counsellors (much safer)..but you may just have the wrong telephone number…

  292. I’ve also had a bad experience with Coombe & Associates, where they instructed my employer in 2010 to almost 2013 with a garnishee order on my salary for R750,00 a month. They were acting on an instruction from a Company named Blue Finance and deducted almost R4000,00 more than the required amount. I wasted an enormous amount of time; energy; cell phone airtime and emails for almost a year to get the money they over charged me with, even had to get legal advice from all possible Authorities. Now I have a Default/Judgement against my name which I cannot get cleared. Can anyone assist in this matter please, who knows they probably owes me more than that.

  293. Hi, my vehicle is currently 4 months in arrears. I was contacted by an agent to collect my car for safe keeping until all the arrears are paid R.9000. I told them that the car is being fixed due to a small accident however they insisted that I give them the location of the vehicle so they can uplift it. I did not give them the details as I said that I will make an arrangement to make full payment at the end of the month.. The agents then said that I would be in conflict of section 24 of the credit act where I am withholding the information of the vehicle and can be charged and potentially go to prison for this.. I want to know if this is right? Can they do this to me? I have not received a summons/judgement at all. Should I just wait and pay the car off in a month?

    • Beware!
      They have no right to take the car until a sheriff of the court with a court order and warrant to do so shows up.
      They want you to give them the car (these collections guys) so they can get their commission.

      DONT give the car to anyone and don’t sign anything!!!
      Ask them to send a sheriff of the court to speak to you rather 🙂
      Call their bluff.

      Tell them to send you a letter rather and dont talk to strangers…didn’t your mom tell you that??

  294. Hello,
    I need your assistance in understanding this, I received a call from a gentleman calling himself a deputy sheriff. he said Wesbank need their car back because I have not been paying(Missed March and Paid April). I recently became an independent consultant and my clients don’t always pay on time, Instead of going to give him the car I decided to do a little debt collecting from my clients and I have paid the amount in arrears. My question is if this was a real sheriff can they still repo the car even though its now up to date with payments?

    • Since no court action (it seems) has happened (which you would be notified about and get a chance to go to) it is likely you were speaking to a collections agent…
      When the account is up to date the arrears and resultant section 129 (the we are going to sue you letter) falls away till you default again.

  295. I applied for debt review last year August. Everything was fine until I received a phone call from standard bank regarding outstanding payments on my current account. I then called all my creditors, of which majority had confirmed that payments were indeed being received from my counselors except for my vehicle, current and another account. I couldn’t get through to standard bank to find out what was going on and I contacted my counselors for feedback on my vehicle. After a week on continuous emails, I receive a summons in my postbox RE:Vehicle. My debt counselors had not informed me that my review for my vehicle has been teminated. I then called the attorneys who then gave me a number for someone at standard bank. In short, they refusing to enter into an agreement for payment arrangement. I’ve asked for them to give me the total arrears and they refuse. They saying that the total amount due is payable or I need to return the asset. I just want to know what my options are. Do I get to defend the matter in court? They have already filed for judgement upon which they said a sherif of the court will be given the rights to collect my vehicle. I had not received any sort of communication with regard to the termination of my review for my cv thick and when I entered into the agreement with my counselors I skipped 2 payments but I have been paying and sending proofs consistently since December last year. The termination of my review for my vehicle by the looks of it got cancelled in jan. I have sent though letters and proof of payments to the bank but they won’t budge.please help. Thanks. Leticia.

    • Sadly missing payments has probably invalidated your defense at court (i was under debt review) unless you caught up the missed payments quickly.

      You should try defend the summons though or you will 100% lose the car. (Your attorney and Debt Counsellor will give you info you need on that)
      You can even phone the company who sent the summons and ask them how to enter a plea to defend (if it is not already too late).

      Start there and see what happens.
      It will involve time and effort and possibly costs (you can go appear yourself but it is somewhat scary) but better than just losing your car.

      Otherwise if a judgment and warrant has already been issued then it is likely the car will be collected by the sheriff and sold on auction.
      If so talk to your debt counsellor about making plans to cover the cost of hiring a vehicle in the future.

  296. The bank said that the debt counsellors could call to re instate the review upon motivation of why payment was not done before. I have contacted the NCR and logged and complaint and they will investigate the matter. Do you think I could go to a different debt rehad company? There must be something I can do? Why will the bank not want to take my money?

    • The bank may not mind but remember you are dealing with several different departments now and outside collections agents and lawyers who want to get paid to sue you and take the car etc.
      If you spoke to anyone on the phone you need to get that info in writing (they never find those recordings if you ask for them).

      Changing DCs is probably not a good idea at this point. It is better to work closer with your DC than ever before to make sure that this situation gets resolved.
      IF they sent a summons you need to defend it even if they “say” they will not go ahead.
      Be careful…

      Call or visit your DC asap.

      • Ok. One more question. I ONLY received a summons from the bank. Was I not meant to receive First or second notices? Would it be advisable to defend based on that? Am I obliged to give me car when the sherif is sent to collect? Do I file a notice to defend? I dunno what to do because I don’t know what my legal rights are. Surely I can appeal because no one ever just gets a summons?

        • Hi,
          You should have received a section 129 (we are about to sue you) letter.
          You could mount a defense based on that as it should have happened at least 2 weeks ago at least.

          If you want to try keep the car you have to catch up on payments or fight at court.
          (be sure to read the May 2015 Debtfree DIGI magazine on this subject this week)

          You will need to contact an attorney if you are unsure on what to do. You could also go chat with a debt counsellor (they will probably not charge for advice).
          Check the back of the DIGI for contact details on both.

  297. Strangely enough Wesbank actually states that they use such scam artists to recover vehicles from debtors arent you ashamed of yourself Wesbank. Personally should any of your clowns come knocking on my door i swear you will only leave on a stretcher. I am also in arrears i have emailed and called up Wesbank to make arrangements for payment but everytime im told that they will get back to me and they never do.

    • It is better to give them a letter at a branch and get them to counter sign receipt of a duplicate copy or to send them registered mail of your offer.
      You may need it in court one day if something weird happens.

  298. Hi There. I have accounts on my credit report that i since settled two years back. They have a paid up status but still show payment history. My credit report shows the different credit beraeus on some there will be not data supplied and some will show paid up in full. Should my payment history not show after 24 months as everyone is saying. Thank please advice what steps should i take.

  299. Hi there. I applied for DC in 2009 and managed to pay off 3 of my 4 accounts on Debt Counseling in 2010. The 1 account is still outstanding and will pay it off by end of this year. I had a joint bond which was repossessed and listed in 2010, credit bureau action date 28/05/2010. I Subsequently asked the bank to split the shortfall after the bond auction between me and the other joint party and i have been paying monthly installments towards my part of the bond shortfall. A different residual account was created for my part of the shortfall. The bank sent me letter of abandonment for the bond listing as i have been paying the account for years without fail however the record is still reflecting on my credit profile. Is there a way to get the bond judgement reomved and focus to be shifted to the residual account only? The bond account was not part of my debt review application. I get my free credit report every year, in 2013 the credit report would read “placed under debt review.You have requested to be placed under debt review with a registered debt counselor. In terms of section 88(1) of the National Credit Act you may not apply for credit if you have applied for, or have been placed under debt review” on the first page but this does not show anymore since last years credit report. I have been struggling to get a hold of my debt counselor for almost 2 years now. I would like to know what my credit report means if it does not show the status “placed under debt review”? Do i still need a certificate of clearance even if the accounts on debt counseling are paid off? Can one qualify for credit using letter of abandonment?

    • It is best to get your “clearence certificate”from the DC.
      You need to find your DC.

      Have you been to their office?
      Have you called the NCR and asked for the DCs address?

  300. I hear judgements usually fall of the credit bureau reports after 5 years, my bond has action date 28/05/2010 for the listing. Does this mean the judgement will no longer reflect on credit bureau records start June 2015 because it will be 5 years?

    • What should and does happen are sometimes two different things.
      You will have to check the credit bureau report at the end of next month and see.
      Remember though the listing goes away any outstanding debt on that bond is still payable (the judgment itself lasts 30 years)

  301. Mine is a little different to above I’d still like to know out of interest despite it being ‘prescribed’
    In 2006 we had 9 vehicles… Ended up in too much debt and were one month behind when we handed over to lawyer to sequestrate us… Long story lawyer never did sequestration… Not one of the vehicles did myself or husband hand they keys over or sign permission to be taken/repossessed… We were abroad for a while but no judgement was taken to my knowledge and there was definately nothing reflecting on our ITC of any judgement… The vehicles were tken back and sold… Does this not constitute as theft??… Definately Illegal… The same with two out of our 3 homes… No judgement (to my knowlege) but they were sold off?

    • Another common way that items can be sold on auction or returned to the bank is if the consumer (or perhaps specifically authorized representative) signs the goods over. Might be worth investigating though…

  302. Hi Editor

    I stopped paying my debts at MTN, Russels and a loan at Africa bank as well as an overdraft at Standard bank. I have a had a couple of correspondence from debt collectors but l did not act on them as l was out of the country all this while. I lost all my bank accounts. My question is, l have lost my job and need to get my pension contribution pay out from a pension fund. Will l be able to open a new bank account with any bank due to my credit record? and if so once my pension money has been deposited into that account am l not going to loose due to the debts l left unpaid. Thank you for your help.

    • Open an account at a bank you did not bank with before.
      If they have court orders against you those last 30 years and if they want to they could come and ask for money. If they never went to court and sued you then the debts have probably almost perscribed and you may not ever have to pay them back… (maybe research this topic a bit)

  303. Editor

    I stopped paying my debts to MTN, Russels, Standard Bank and Africa bank end of 2012. I had a couple of correspondance from debt collectors but l did not act on them as l was out of the country all this while. I have also lost all my bank accounts. My question is, l have lost my job and need to open a new bank account to be paid my pension lump sum from a pension fund. 1. Will l be able to open a bank account with any bank. 2. Am l not going to loose my pension money to these debts once it will be deposited into my new bank account. Thank you for your help.

    • They can only take money if you put it in the wrong account (with those same creditors) or if you have received a court order against you for those accounts. The debt may have prescribed on some accounts meaning you may not owe them anything on those ones. Talk to your local DC about it.

  304. Editor

    Has been finding it difficulty to post on this platform. I have stopped paying my debts end of 2012 at MTN, Russels, Standard Bank and Africa bank. I have been having a couple of correspondence from Debt Collectors but l have not acted on them since l have been out of the country. I have lost all my bank accounts. My question is, I have lost my job now and need to have my pension lump sum paid to me from a pension fund into my bank account. 1. Will l be able to open a bank account with any bank without any problem? 2. Once my pension money has been deposited into the new account will l not loose the money to these debts that l have stopped servicing a long time ago. thank you for your help.

    • It is best not to put the money into a bank you owe money to just in case.
      You should be able to open an account with another bank eg Capitec easily.

  305. i have just paid off all my debts and am just waiting the 14 / 21 days for it to reflect on my credit report, but will my credit score now go up?

    • Your score will be OK but it will improve over time as you begin to responsibly use credit. Start small and manageable and dont get in too deep.

  306. hi, ihave finished my deb counseling, my debt counselor said she will give my documents that says i am paid up on my debts, However 12 years ago i was put under administration i never paid it due to i was unemployed. It does not show on my all my ITC reports, however my credit card i had by that times was sold to a third party to see if they could collect the debt however the number that ban gave me does not work anymore, and the bank cant tell me where to search, i went to the court where i did my administration has lost my documents in other word there are no documents that says i was put under administration, i went to the cour like 5 times and they search everywhere and cant trace the administration order documents, how will it help me with credit amnesty, some of the debts i had the debt counselor traced when i went under debt counseling and i have paid it up. however there are still debts outstanding on the administration order however the placed i called sold it to other people to collect it and for some odd reason most of them the numbers does not exist anymore. what i to do

  307. I am under debt review and want to know how can i get a consilidation loan. And can i go to other dc people

    • Hi Chantal,
      You are currently unable to get new credit (such as a so called consolidation loan). That said debt review saves you much more on fees and interest than a single loan with a creditor could ever do…

    • You are able to change DCs but it is tricky and not a great idea.
      It is better to try regularly communicate with your DC, visit them at their office and try to make the current relationship work.

  308. I was told yesterday that Wesbank have denied my notification of Debt Review due to the Vehicle being registered in my company name. I am the 100% shareholder and signed surety. I am trying to negotiate this with them based on that. What are my rights in this situation? I haven’t received a summons as yet, but have received a letter from Collection Solutions as the surety on the account. I never responded to the letter on the advice of my Debt Counselor. I scanned it to him and he said he would contact them. Thank you.

    • Keep working with your DC on this one (and the attorneys handling your debt review).
      Once the surety is called up then it is 100 % your debt and could be included.
      A tricky situation. Proceed with caution.

  309. Hi

    I recently paid up all my account which I previously defaulted and was issued with paid up letters, then my credit report was updated to paid up on all the accounts, I have tried to access credit and was declined because of the credit history, I would like to know how long will I have to wait to get a health credit score.

    • When someone turns you down for credit ask for the reason in writing.
      It is a right under the NCA. see what is written and then consider what to do (and let us know).

      Normally it is best to apply for small credit first and repay it before going for a car or home loan right away.

  310. I would like to know i had a loan with absa in 2008, truworths and edgars in 2008 loan with Ithala in 2009 and some small loans from micro loan lenders between 2011 and 2012 and i have failed to pay them now i want to pay them but i don’t know where to start, and in this stage is it possible to get a company to pay my debt all in one and get my name clear then repay the company in one please advise

    • Hi Trevor,
      Be careful. You may not have to pay SOME of these debts due to prescription of debt.

      Maybe talk to a Debt Counsellor about the debts you have. They can help make a legal plan through the court to pay off the debt totally and clear your name (and conscience).

  311. Hi there, i am currently under debt review. I contacted the debt review agency in Feb 2015 stating that i have a problem and would not be able to make any sort of payment for distribution for the month of Feb. They indicated to me that will be sending out a 17.3 to my creditors. Three months later i got served with a summons claiming my account was terminated from debt review due to defaulting on payments. They also indicated that they do not offer arrangements and only proceed with legal action for the return of their asset. They also said that the full balance is now due or the return of the vehicle. What do i do? Will i be notified to appear in court to defend the matter? Can they just send out a sherrif to collect the vehicle? Will i be informed as to when they will be collecting? I only R1300 which i told them i would pay immediately but they would not listen. Please help!

    • Pay in the extra amount ASAP
      Get your DC to help.
      If they go to court you must make an 86(11) application to force the account back into debt review. (easy if the account is back up to date)

      You need your debt counsellors help.

      For more info on how the repo process works check out the May issue of Debtfree DIGI. They cant just show up and take the car but you must go to court to defend the matter if they send a summons.

  312. Hi There I just want to know what will happen to me if I pa my instalment by my self, my story is I am under debt review and they don’t do the job correctly I was almost lost my house because of them not paying on time but deducting money every month, now I am paying my bond on my own I only have standard bank which I have to pay via them and I am scared that maybe they can do the same so I need to pay myself am I getting myself into trouble please help

    • You have the right to pay yourself (as per the National Credit Amendment Act).
      Talk to your debt counsellor though so that they know.
      One mistake you might make is not pay your debt counsellor each month which can cause huge problems. Normally this happens straight from your PDA payment.

      Always tell your DC everything.
      Always call them first before changing anything!

  313. Hi all. although a “Non-Sheriff” person can not “FORCE” you to hand over the vehicle with a court order or any other means, but in this regard we are talking about “FORCED” repossessions. Rather lets call them what they truly are, which are voluntary surrenders(Which by the way in most cases to none save the client a lot of money, time and effort.

    If you as the client signs the documents and gives the car voluntarily over to the E.D.C. ( External Debt Collector ), it means that you won’t be liable for R 15 000-00 to R 20 000-00 worth of legal costs for the bank to get a court order against you ( Yes!!! if the bank gets a court order they can and will hold you liable for the costs they had to go through to get that court order ). If you give a vehicle voluntarily then that means the foot on which you are standing with the bank is in better terms as you are trying to co-operate with the bank, in which case an arrangement might be made in order to get the vehicle back. If a sheriff comes with a court order to take your vehicle it means you are not co-operating with the bank and that you forced the bank to take extreme measures. If you do not pay your vehicle’s installments and refuse to give it back, then it is just as good as stealing, seeing as the car does not belong to you until you pay your loan in full.

    • The repossession process is laid out in law and your contract.
      You only have to give the car to a sheriff under certain circumstances.
      You cooperate by bringing payments up to date.
      If you give your car to a collections agent you will 99% of the time be saying good bye to the car.
      You can do it but say bye first 🙁

  314. Hi,

    I have had my vehicle since 2012 and have never missed a payment until Sept and October last year when I had a financial hiccup. I was called by Wesbank and told that my account is in arrears and I need to make an arrangement to pay more money over and above my instalment to make it up to date, we calculated the amount and if I paid it the way it was advised then I would be up to date in 3 months. I was able to adhere to the arrangement on month one and thereafter I could only afford my installment amount. So I have been paying my instalment amount every month since but the arrears amount has been standing still, I received a call from a collection agent telling me my car was 2 month in areas and it was 100% collectable he wanted to know where I work and stayed, I asked him is there no arrangement that can be made again and he said no he has been instructed to fetch keys so that my car can be stored.
    I told him I would try make a payment again the following day he said I could do that and send him the slip from the bank and we can see what we can do. I told him to sms me his email address and he never ever got back to me. My arrears amount is around R7200 now, these people called again and I was not in the office demanding the address my boss told them im not in they said they had a parcel for me, I suppose to trick her, they left their contacts but didn’t leave a name. I will only have around R3500 addidtional to this amount by month end when I pay my installment, will they still have the right to collect even then? Also when I called Wesbank they told me my account was handed over to legal and they cannot assist me they gave me another number to call them on of which I haven’t called as yet.
    What should I do in the meantime, can they make another arrangement for me to pay? Also I moved house so I have not gotten any summons or letters, the court order process, how long does that take I need a max 2 months to bring my car up to date, Im panicking as it that gonna be too late?

    • Dont Panic!
      They can only take your car (and by thay i mean a sheriff of the court with proper identification and a court order and warrant for the car which is signed and stamped by a court) after taking you to court.
      Unless you fall for their tricks and give them the car or sign something they present you with you have time to resolve the matter.

      100% collectible – Pfff. Nonesense.
      Tell them to send you some court documents first.
      Dont let them scam you.

      Please read the May 2015 issue of Debtfree DIGI all about what to do in this situation.

  315. Good day.

    I have been under debt review but cancelled it when I realized how long it would take to pay up everything, my question is a double barrel question.
    1. I still am in arrears with a lot of my debt, if I pay off all my arrear amounts will my credit score improve immediately or will it remain as poor as it is due to the fact that paid it all at once and not with installments.
    2. Since I have canceled the debt review, does this give me a bad name for the fact that I joined in the first place, will credit suppliers hold that against me.

    Please inbox me to my email address

    Kind regards

    • HI Mikhail,
      1) your score will go up quickly yes. It obviously then will improve further over time as you use more credit wisely over time.
      2) The record of the debt review will be removed (as long as all fees were up to date and any needed court stuff sorted out – chat to to your ex DC) and will no longer show. It disappears.
      It is illegal to discriminate against anyone who uses any part of the NCA for future credit granting etc.

  316. Hi,

    Its me again, the people just came to my workplace now, they said they are here to uplift my vehicle and are not here to arrange any payments with me or anything of the sort, I asked them who they were they told me they are tracers from Wesbank I asked if any of they was a sheriff or policemen they said no. I then said ok well as long as they are not any of the above my car wasn’t going anywhere they said they are not repossessing the vehicle as its only 2 months in arrears they are just safekeeping it till I pay my arrears and wanted me to sign a notice of termination document they had with them . I didn’t sign anything I told them I wont be signing anything, they then told me ok no problem they will then be taking the issue to the high court and laying a charge against me, I said ok and they left.

    How long does the high court issue take, I will be making payment to my arrears only month end.

    Thanks!

    • WELL DONE!!!!!
      Brilliantly handled.

      High court stuff takes a long time. They will probably try collect again and try get you to sign something again and eventually hand it over to the attorneys who might then mail you a letter to the address on your original contract (have you moved? If so you need to let them know even though they know where you work). Then if they send you a summons you will have time to say you will defend the matter at court (you will need some help filing that at the court maybe). Then they will get a date you must go to the court…it all take a while. They must be so sad they wont get their commission for collecting the car (which can be up to R3500).

  317. There are several other options available for debt counsellors. the South African Reserve Bank has liscenced 19 payment switched in the country and they have been in operation for years. They are cheap, reliable and can facilitate payments almost immediately. Why the NCR has sanctioned PDA’s who are expensive, unreliable and cumbersome when the alternatives were offered to them by at least one Payment Switch and they refused it. PDA’s are running software that is effectively doing the debt counsellors job for them and that is in contravention of the Act. A DC must send out the required documentation. All a PDA is required to do is facilitate payments. Lawyers can also facilitate payments. If the Act is applied as the interpretation and purpose is described in Chapter 1, calculation of interest, costs, fees etc are irrelevant as the amount to be provided for by creditors to the DC should all ready include those. The Act is very clear on that matter. I still demand to see the audit reports for all the PDA’s since conception.

  318. My brother financed a car through Wesbank. yesterday a man phoned, identified himself with his first name only saying he works for Wesbank and is coming to repossess the vehicle (after screaming and shouting at me). My brother ran into arrears last year in june and and a after a lengthy telephone war, organised that we could pay the arrears in two monthly transfers. They gave us the amount and we paid it. They now contact us A YEAR LATER stating that he is still in arrears and that the amount that was paid was for the arrears ONLY. They now refuse to let us negotiate how we can pay the arrears off. While we are trying to sort out finances, the man mentioned previously still phones stating we wants the bulk of the amount by midday tomorrow or he will take the car (we have not received any summons or any statement from them for that matter).

    What can we do?

    • Politely tell the man to please send the legal documents and that you see no benefit in discussing things in person or on the phone. Simply send him on his way.

      You do not have to sign anything or give him the car!

  319. Sold my car 2 years ago in a take over installment for 5 months and he need to settle outstanding 5 month after, he changed address and phones late 2013, now I’m left to pay the car i don’t have. police say i cant put up a case as its not stolen, tracker refuse to assist on a missing person case i open to recover the car. what should I do please help.

  320. Hi. I collecting agent, made contact with me on 11 June 2015 and advised that he wants to collect the vehicle. He sent me the courts outcome dated March 2013, for which I had never received a summons to appear in court. He has a court instruction dated 5 June 2015 for the Sheriff to take possession of the vehicle. I had fallen behind after loosing my job, and then paid regular payments of R3500 for most of last year. I did not pay in January 2015. The bank then deducted R 4800 from my personal account in February 2015 (I had no problem with that). I did not make payment in March, April and May and made a payment of R 2,500 on 4 June 2015. I tried contacting STD Bank & the attorneys to discuss the matter, as I would be able to catch up the payments over the next 3 months, with another payment going in on 22 June 2015. I did email them my offer.The collection agent mentioned that I must settle the account with R110k, but did not provide me with proof. I need my car for purposes of work as I work for myself. Any advice for a desperate situation on how to keep my car.

  321. Hi, Im behind 2 months with my vehicle of R8500, the guy from ABSA is ruthless and don’t care what I have to say.
    last week I told him we will pay the full arrears when my wifes provident fund is paid out, more or less this week or next week.

    He told me/the guy from ABSA, he’s giving me till today 12pm to pay the outstanding amount, which I said we can only do the full arrears this week or next week, when we get the payout, he don’t bugged at all.

    He told me to hand over the vehicle voluntarily or they will send a tow truck to fetch the vehicle, for storage and when I have the money I can fetch the car, and I need to pay the storage cost of R250 p/d.

    I told him im working nightshift and need the car to get me to and from work, he told me I had to worry about that before I fell into arrears.
    Me and my wife is so stressed its not true.
    Please assist,
    What if we pay it this week or next week, will we have to pay the court fees for the summons etc.
    What if we pay the arrears in full, what happens next?

    Your reply will be most valuable of Help

    • The key here is he said “voluntarily”. In other words he just wants it without any legal paperwork.
      You do not have to give it to him.
      Beware!!!

      Rather pay up what you owe (when the money comes shortly)and then get on with your life. Dont let these guys stress you.

  322. Hi
    My car is financed by ABSA,since i lost a job,paying my car is a pain.ABSA boys fail to reposses my car as there was no court order from a sherrif.so they kept threatening and i kept driving.now the car has engine problems,took it to machanic,the car is now fixed but still owe machanic about 18 000.machanic told me that i cant take the car untill i pay him in full.I told ABSA boys a story and they said they will get back to me.they also told me that the bank might pay the 18 000 to machanic-if hes legit and uplift the car.well i refused to tell them where the car is.now they are quite.my question is,should the sherrif comes with a court order,would they be able to take the car from the machanic who demands that he wants the car fully paid before it leaves his workshop.as advised by one of ABSA boys,would the bank realy pay the machanic 18 000 for repairs and then reposses it properly via sherif and court order

  323. I was having a service warrant with motorite the agreement was linked to my wesbank account, my account was in arrears of 4300 the time I cancelled my service agreement I was told that my account will be in arrears of 3000 excluding my active arrears but lately they said I am in arrears of 14000 n I paid 4500 last week but still they wanna collect my car even if I tell them that I will settle my arreas on the 25 june

    • If they dont have a sheriff with a stamped court warrant then they have to wait for you to pay or start legal proceedings which will be irrelevant once you pay.

      I would ask for more details on why the amount is so high though as it sounds like something weird happened there. Remember under the Consumer Protection Act you only have to pay for services you get not ones they were going to give you but you cancelled.

  324. Hi im jay i was under debt review and iv finished paying off all my debt and i also recieved a clearance certificate but on my credit report none of the status are updated and my credit score is low and plus i have no judgements on my record but i cant get any credit

  325. Hi. I lost my job end of January and fell behind on my car payments. I am behind with R24000. Last week I phoned Wesbank to ask how I have to go about to pay the car again as I am employed now and dont want to lose the car. They put me through to collections department and the lady there told me that the car is to far (5 months) and that I should surrender the car if I cannot pay the full amount to get it back up to date. What would happen if I start paying the original installment from month end? Will they still be able to repo my car even though I am paying the installment.

    • Since you are behind they will probably still want the car (unless you eventually catch up payments). However it is better to pay than to let the debt grow. They cannot just take the car without you handing it to them or them going the court route (which takes time).

  326. Hi,

    This is a letter i got emailed on Friday:

    Good day

    Kindly note this account is now in the legal department to proceed with a court order. Your arrears are currently R7 270.97. This amount needs to be paid urgently to avoid us proceeding with the legal action on the account.
    Should we proceed with legal action the costs will be for your account, they range between R8000.00 – R20 000.00
    You will also have a judgement against your name which is valid for 30 years.
    Should you wish for us not to proceed with a court order and if you are unable to come up with the arrears and need more time, you do have the option to voluntarily surrender the vehicle to WesBank, thereby giving you an extension of 10 business days to come up with the funds to have the vehicle released back to you. Once the vehicle is in our possession you do have the option to negotiate an extension to pay as well. This way it avoids any unnecessary and costly legal fees.

    Should I not hear back from you by the close of business on Monday, I will have no option but to proceed.

    Now I made payment today of R3500, they are talking voluntary surrendering, I cannot go a day without my car, I wont have another R3500 to settle the difference until end next month now, do you think I should panic? I also haven’t received any summons this is the first legal letter received from Wesbank after the tracers came and I refused them my vehicle.

    Please help

    Regards,

    Vuvu

    • Do not panic,They want money and you are paying them money.
      You just need to be careful no one tricks you into giving them the car before you have caught up payments.

  327. Good day. I need assistance with a consumer protector in Upington. Kimberley office dont answer phone.
    I have purchase a upper leather lounce suite at Bears Upington 2 years ago since then problems. December 2014 they have been taken over by Lewis group. Several emails ans correspondence later. Nobody want to accept responsibility. I purchase it cash for 20000.00. Now the say it was Bears problem they are new group and can not be accountable for a Bears product even if they taken over Bears. No I sit with a faulty lounce suite no refund or replacement because of out of range. Now I am stucked. Advise please.
    Thanks
    John

  328. I bought a Renault Clio at Welkom Renault for cash brand new… I then discovered that the vehicle has a defect on one of its standard feature, which is stop and start. We informed the dealership but thrice they could figure out what is the problem even today the vehicle it’s still with them as it’s not fixed yet. So as consumer who bought the vehicle brand new and cash I feel I am being disadvantaged because the dealer refuse to give me my money back or replace the vehicle with a new one because clearly this is a factory fault. Instead he was rude, sexist and worse racist. He didn’t want to compromise in anyway, like by atleast hiring a car like a courtesy car as I am being inconvenienced and I am emotionally destressed and drained financially because I had to use my fuel for the defect I didn’t cause. How can you assist me in this regard Plsssssss.

  329. hi , im under debt review at the moment but still have to pay the debt review monthly but my debt review struggles to fullfill this payments , and now i need a loan but nowhere to help.
    how can the amnesty help me?

    • When you say your debt review struggles to fulfill this payment” what do you mean?
      Are you struggling to make the payments?
      Are your creditors still demanding more money?
      Is your PDA slow in transferring the money?

  330. Hi, please advice
    My husband has fallen in arrears, and the collection agents have been a nightmare trying to recover the car, so yesterday he called us saying they have opened a criminal case for a stolen car(smsed us a case number) and said he will circulate it across SA police stations. Is he legally entitled to do so? Must we hand over the car to the police to avoid being arrested?

  331. I had 2 clothing account of which I’ve settled over a year ago through debt collectors but they still apear on my credit report and reflect negatively as I applied for vehicle finance but it was declined, would you kindly assist

    • Hi Tee,
      Chat with the actual creditor who you paid the money to.
      They should be able to assist.
      Alternatively lodge a query/complaint at the credit bureau in question. It takes about 4 weeks but normally gets resolved in the favour of the consumer (you).

  332. Please help,

    I bought a car in 2010 for R 222 000, in 2013 I fell behind and made an arrangement to extend my contract by 2,5 months, then I paid my installments every month until this year. I am not working since December, missed payments for March and April, made an arrangement to pay R 12000 by end May and R100 by end June to bring my account up to date. On the 6th June paid more than agreed arrangement amount I paid R 14000, and I realise that I would not afford to pay in the next months so I asked for a payment freeze of 6 months because I have 3 months left to pay off the car, I’m owing them less than R 20000. Currently I’m in arrears by 0.5 month installment, they refused this arrangement first, the guy who’s a debt collector who says is an MFC client liason refused this arrangement and the collection guy is working hand in hand with him, he wants my car so bad because it’s still new and only less than 20k outstanding balance and be done. Wrote on Hellopeter Now they agreed to freeze the payment for 4 months, but I don’t have insurance and they want proof of insurance. If they go to court would I have a defense, I can’t afford insurance and every cent I make I pay this car as I want to be done with them. How long does the court process take, can they begin the process now before I’m in arrears with a full month installment?

    Please assist they will sell my car for a penny.

    • If the account is not in arrears they cannot go to court as you are not in defualt.
      They would first have to send you a section 129 letter for the default (and allow 2 weeks for you to sort out the situation)
      Then IF they wanted to they could send you a summons (which takes a few days) and then you could defend that.
      All of which takes time.

  333. Hi there my dad is in arrears with his car, the guys from mfc called him and asked him to make payment of R 1800-00 he said he cant reach that amount but he can pay R 500-00 a month. The guy said they not interested and they will proceed accordingly. He did not receive his license renewal in the post so he went to a post office to renew it. they told him he has to do cor. He then investigated further and it turns out mfc took his name off and put their names on for license renewal without any notification whatsoever to him. so now he cannot re-new his license. what do we do here? is what they did legal?

  334. Hi There

    Our Nanny has been able to rack up debts to 6 times her monthly income. The monthly repayments are now over 50% of her monthly income.

    I know she could go for debt counselling, but that brings it’s own additional expenses.

    I have had calls to confirm her employment and on the calls I have begged the clothing companies not to give her credit as she does not fully understand how credit works, and yet they have.

    3 years ago, when she worked part time for me and only earned about R2500 a month, a retail company gave her a R8000 loan where she already had over R2000 worth of debt across them and 2 other companies.

    She now labours under the monthly payments and the interest is so high, her payback period is going to be pretty much the rest of her life. She is at a point where she just does not have enough money left to make ends meet. She earns well and we pay her above minimum wage, as much as we can.

    At what point is the retail company held liable for irresponsible lending and where can I go to get clarity on the metrics and assistance on this?

    • A good place to start is a good Debt Counsellor who can help discern the point where the various credit provided became reckless. They can probably just do a free consultation and help if she has all the info (including what she was earning at the time of each loan/account) Next She would have to take the matter to the National Credit Tribunal or court. (NCT is cheaper).

      It sounds like there is defiantly some reckless credit there.

  335. Hi
    I bought a vehicle in 2004 and paid for it till 2007 when I lost my job I then moved to Nelspruit I have been driving this vehicle ever since when I last paid it owed abut R80,000 I had already paid close to R300,000 in interest and capital. I still have the vehicle and I do think that tracers have just not been able to get hold of me. The value of the car is now about R30,000 and has high milage. I don’t mind keeping the vehicle and if I am to give it back I am worried the bank well reinstitute the R80,000 that I owed back then. Is there a way I can legally own the vehicle without having to pay the R80,000 or I should just drive it to ground and abandon it. there is no judgment on this debt that has ever been listed at times I want to call the bank but I worry they will just send tracers who will come collect and auction for whatever value and this will mean I will become liable for the shortfall. WHat are my options here?

      • I have checked ITC and there is not Judgment listed on my name for the car neither has anyone tried to put a trace on my name

        • Then PERHAPS this debt has prescribed. Which would be good for you.
          But perhaps the judgement is simply not showing any more since it is so old.
          Judgements however are valid for 30 Years..so you may find it is out there waiting for you.
          It might be good to talk to attorneys such as Liddles or Steyn Coetzee about this one.
          You can find their listings in the service directory section of Debtfree or links to their site on our home page https://www.debtfreedigi.co.za

  336. I am under debt review with a court order. Thanks to debt review it saved my assets and over time I managed to pay more to the creditors thus meeting the installment and the interest fees charged. The worst creditors to deal with are Standard Bank and FNB. Both creditors were contacted and on certain accounts I requested a settlement amount with a discount. I have been sent one from dept to the next eg A Standard Bank Credit card under debt review, Dept Review dept does not deal with settlements, I must make contact with the credit card section, make contact with the cc section, no response, sent the request to Standard Bank customer service, They gave me an email address, no response from that dept. Eventually I got a reply that I must make contact with Standard Bank Lawyers, so once again I emailed the dept review dept. To date, no reply. Who is responsible for account settlements as this is ridiculous? FNB no better, they at least replied, with the outstanding amounts with no settlement offer.

  337. I have been paying for three years an amount of R2500 and I HAVE NO IDEA WHAT IT WAS FOR. They cant even tell me what it is for

    • It is your right to know.
      The NCR are now investigating this firm for abuses of the garnishee / EAO process.
      You will have to become a big pain for them before they will help.
      Just keep pushing!

  338. Hi, i have accounts under administration which i joined when i was financially struggling, I’m willing to settle all accounts at once straight to creditors since these people are not paying my accounts. what must i do to get my name clean and not under administration after settling my accounts? and how long will it take before i can open accounts?

    • Once you leave admin in theory you can go out and get credit again but as you can imagine some creditors will be wary.
      Since the administrators take a big portion of the money it might be good to talk directly to some of the creditors after you find out how much the administrators say you owe.
      The administrators (if they are nice guys) may be able to help you get settlement discounts for the debts. That way you might be able to save some money.
      If they cant help then you need to talk to the individual creditors.

  339. hi there i sit with this problem now i am about R800 outstanding in payments with MFC and now they telling me that i need to pay that money by today and they want julys installment as well or else they come pick up my car and now they were at my house to collect my car what must i do advise

    • If a collections guy comes around tell them to go away if you do not want to give them the car.
      Refuse to sign anything and tell them to leave.

      Be careful of not getting tricked into handing the car over.

      Ask them to take the matter to court rather.
      And go see a debt counsellor in your area asap.

    • I was almost tricked into handing over the car to the tracing agent. Since I am no longer employed my mom helped with the payment. She got sick and could not make payments regularly. My car is in arrears but I don’t for how many months. I have my credit reports and there is nothing listed

      Then they called on 23 March 2016 in order to come and do the inspection for a payment arrangements. They called on good Friday to meet them at a garage in town. I agreed as I wanted to sort this once and for all. He requested the car keys to start with inspection. When done he asked me to sign. Supprisingly he started packing my belongings and said he is repossessing the car.i requested the court order he drove my car to a nearby Iinternet cafe to print the document. I looked at it and then I became suspicious. I called my mom to bring the spare keys as he refused to give them back.my mom arrived and they also asked him how can he repossess a car on good Friday. He started to be arrogant and we got in the car and drive back home. Till now he still have my car keys. I have send emails to standard bank and no help at all

      Please help what must I do

      • Thanks for telling us about this method used by some to try take the car.
        Signing anything is dodgy.

        The best plan is to try catch up the arrears payments as soon as you can.
        Pay a bit extra each month/week.

        The bank don’t really want your car they only want the money.

        A good plan would be to get a written offer and acceptance in place between you and the bank regarding the arrears amount and how you will pay it back. Not on the phone but in writing!

        If you lost your employment recently you can claim from Standard Banks insurance they make you take on the car. Please ask them about that. It should cover several months minimum payments.

  340. Goodmorning
    I just wanna know if credit amnesty can apply to me,im having 3 accounts that im paying,im having 1 in arrears,my problem is the enquiries im having 10 enquiries and this affect my status how long does this stay in my satus,lastly you said credit amnesty happen automatical how will I know if they apply to me

    • The so called “amnesty” has come and gone. If the inquiries happened recently they will show for a while.
      If you are struggling to pay everything you need each month and still pay for all your debts then why not consider debt review rather than taking on more debt.
      More debt might simply be a short term solution as opposed to debt review which is a slow and steady way to cover your needed costs and pay off your debt at the same time.

  341. Hi,
    Standard bank have just issued a warrant for my my because i have been unemployed and been in arrears for about 18 months. I have recently filed for sequestration as I am unable to pay for my debts. Std bank legal say I doesnt apply because the warrant had already been issued..please advise..