Debt Sage is working with many
consumers in Durban. If you live in Durban and you are struggling to service
your debt, Debt Sage can assist you to successfully become debt free without
taking out another loan by applying for debt review or debt counselling in Durban.
The National Credit Act introduced debt review as a debt relief measure for over-indebted consumers. This is a statutory process which can only be conducted by a registered Debt Counsellor.
The process to withdraw or terminate debt review by a consumer or Debt Counsellor is not specified in the Act, however the credit industry has in the past few years developed a voluntary withdraw process and a Form 17.4 to facilitate the withdrawal process either by a consumer or Debt Counsellor.
The application of this voluntary withdrawal process was overturned by the judgement granted in the case of Rougler vs Nedbank which provided clarity on whether a Debt Counsellor has the statutory power to withdraw or terminate debt review. In terms of this judgement the act of terminating or withdrawing a consumer from debt review is beyond the statutory powers of a Debt Counsellor. The process of 17.4 was subsequently overturned and is no longer effective.
In terms of Debt Review guidelines, a consumer can only be removed on the basis of the following instances:
- Consumer has withdrawn from debt review prior the issuance of 17.2 (before being declared over indebted)
- When the consumer has settled all debt obligations and a clearance certificate has been issued (Section 71 (2) (b) (i).
- When there is a court order and such an order has been rescinded, consumer to approach Debt Counsellor to issue a 17.W.
- If a consumer is not satisfied with the services of a Debt Counsellor, he /she may transfer to another Debt Counsellor.