Should Debt Counsellors File their Consented Debt Review Applications at the NCT?
July 7, 2023
Reading Time: 4minutes
Hear What the NCT Have To Say About Debt Review Consent Orders
Recently, the debt review industry have been talking about the types of debt review matters that go to the National Consumer Tribunal (NCT).
The NCT are eager to help. During a presentation at Parliament, the other day, the NCT proposed expanding the types of cases it can and does handle for debt review. They feel they have capacity and ability to handle even more cases.
We go the chance to hear directly from the NCT about why they are eager to assist consumers and Debt Counsellors with their consent orders. Here is what they had to say:
Who Are The NCT?
The NCT stands for the National Consumer Tribunal.
The NCT is an adjudicative entity established in terms of section 26 of the National Credit Act 34 of 2005 (NCA). It has jurisdiction throughout South Africa, meaning it is empowered to service Debt Counsellors operating anywhere in South Africa.
Whilst its mandate and powers are extensive, this article zones in on the NCT’s ability to adjudicate on consented debt review applications filed with the NCT by Debt Counsellors.
The NCT can adjudicate debt review applications when the consumer and all the consumer’s credit providers have agreed on re-arranged terms for the debt repayment.
Access by Debt Counsellors to the NCT dramatically improved after the NCT released its case management system (CMS).
This online system allows DCs to file consented debt review applications, and Tribunal Members (TMs) can adjudicate on these applications from anywhere in the country 24/7.
Debt Counsellors can file one application at a time using our e-filing portal or in bulk using system integration.
To continuously align itself with a rapidly changing environment, the NCT has developed a mobile application to allow for the filing of consented debt applications using any smart phone.
With research showing significant growth in smart cellular phone and internet penetration, the NCT hopes this mobile application allows for increased utilisation of our services. The mobile application has been developed and is currently undergoing internal testing.
Debt Counsellors, through CMS, have real-time accessibility for tracking the progress of their cases, allowing for a seamless client feedback process.
Fast Turnarounds
In September 2020, the NCT redesigned its adjudication template and re-engineered its CMS to increase adjudication output and turnarounds.
It now boasts that each of its TMs can adjudicate on 80 matters a day instead of a daily output of 40 a day in 2016.
‘This has led to dramatic improvements in its turnaround’
This has led to dramatic improvements in its turnaround, which for the 2022/23 financial year was recorded to be well under 30 days, as reflected in Figure 1 below.
Figure 1 (Adjudication turnaround of consented debt review applications from receipt of an application to issuing of an order)
The faster turnarounds, unheard of in the industry just a few years ago, are what the NCT continuously strives to achieve.
Before September 2020, the Tribunal encountered challenges dealing with the volume of debt review applications (DRAs). Since then, it can now quickly deal with a higher volume without impacting its turnaround.
Figure 2 (below) provides a graphical representation of the NCT’s ability to deal with all applications received in a timeous manner and further reflects the challenge it encountered in doing this in the past.
Figure 2 (Consented debt reviews: filed vs. finalised)
Granted Order Percentages.
Since September 2020, 96% of consented debt review applications filed at the NCT through CMS have been granted.
The 4% of refusals consist of applications where consent was withdrawn, an opposition was filed, interest rates were excessive, or data was incorrectly captured.
TIP: Should a refusal be issued for any reason related to a system error, Debt Counsellors may request a filing fee waiver.
Lower costs
The process of filing at the NCT is initiated by the DC directly and does not require attorneys to be involved.
The Tribunal charges only a small application (or filing) fee and this along with the charge from Debt Counsellors is significantly lower than any court application. It can save consumers literally thousands of Rand.
Use of the Tribunal, where possible, is therefore much more affordable for consumers.
Consider Making Use of the NCT for Consent Orders
Through its staff and Tribunal Members, the NCT is dedicated and committed to providing the best possible service to Debt Counsellors.
“We understand the impact these granted orders have on the lives of the most vulnerable and debt-stressed consumers and families”.
“Our strategy is focused on serving you – so why not utilise our services for a mind-blowing experience?” – NCT
For More Info
It is always good to hear directly from the source about such matters and we here at Debtfree Magazine were happy to be able to get the NCT’s input about consent orders.