W Cape Chief Magistrate to attend DCASA meeting

DCASA (W. Cape)  have invited Chief Magistrate to their next regional Meeting

For those who attended the last DCASA meeting of 2012, you may remember that DCASA decided at that meeting to try invite the Chief Magistrate of the Western Cape to attend one of their upcoming meetings. Well, the good news for local Debt Counsellors is that it is going to happen in May 2013. The chief magistrate has agreed to attend the next meeting on 24 May. In order for her to prepare properly she wants local Debt Counsellors to supply her with examples of those issues they are struggling with. It is of utmost importance that all DC’s contribute in advance as DCASA want this meeting to be as constructive as possible. Annora Mostert local DCASA NEC representative says “This is your one opportunity to bring those issues to the attention of, most probably, the only person who has the power to do something about it.”
To guide you on the type of examples that DC’s should send through here are some issues raised:
Example: “Each magistrate has his/her own requirements and focus points” and often we are not aware of these before first attending court (particularly in a new area).
A Second example is:
“Some Magistrates seem to be focused on ticking off checklists and are happy to delay matters rather than making a determination in regard to payment arrangements and solving matters on the day. Many Magistrates confidently handle administration matters even working out repayment plans and consumer budgets in court but hesitate to do so with our matters. These delays are costly to the consumer who covers legal costs and has to take time from work to attend and Debt Counsellor. It also opens the way for abuse of NCA Section 86(10) by unscrupulous creditors.”

A Third example is:
We also see a lot of “abuse” by Creditors in regard to 5 things

1) Unnecessary delays (eg asking for a few rand more or delaying matters since they did not send through the required documentation on time) to allow the 60 day “protection” period to pass so that they can try start a separate and parallel litigation for the same debt but this time without the other creditors involved.
2) Unnecessary and unprofitable (to all parties) pursuit of NCA section 86(10) – some would even say abuse of this “termination” process even though the consumers are paying regularly. This then creates a second / third/ fourth costly parallel legal process for the consumer regarding exactly the same debts with exactly the same set of circumstances.
3) Nitpicking (points in limine) at the drafted court documents rather than dealing with finding solutions to the problem. Affidavits are sworn by the same people over and over in what seems a copy and paste manner regarding submitted documents.
4) Creditors who did not show up on the day or who later have a change in staff who are handling a matter deciding to later try have court orders rescinded. We are seeing this particularly in regard to trying to get consumers assets (especially homes) to sell on auction.
5) Creditors simply ignoring the Debt Restructuring Court Orders
DCASA have asked that all those who wish to attend send examples to Annora ASAP – the Chief Magistrate wants them before or on Monday 8 April 2013.

It will also be good if local Debt Counsellors invite their attorneys to attend this DCASA meeting.