Let’s Talk About Debt Counselling

While some consumers are not aware of how much debt they are in and the consequences thereof, others are more concerned at the stigma over asking for professional help with their debt, says Benay Sager, Chief Operating Officer at DebtBusters.

“We declared February National Debt Awareness Month to improve awareness and understanding of the burden of debt. Beyond that we want to continue to encourage consumers to act before they face the possibility of their house, cars or other assets being repossessed.”

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Sager says South Africa has a world-class, regulated debt counselling sector and it is working well.

In 2007, debt counselling was introduced as part of the National Credit Act in 2007.

“The provision helps over-indebted or soon-to-be over-indebted consumers to repay their outstanding debt through an affordable repayment plan. Debt counsellors are registered by the National Credit Regulator (NCR), and registration information can be found on the NCR’s website.

“Our team receives thousands of enquiries a month. Many consumers do not understand what over-indebtedness technically means or how to seek help,” says Sager.

“A good rule of thumb is that if you’re struggling to pay all your debts on time or are losing sleep over your debt, you should get help.”

On contacting a debt counsellor, consumers should be given a free debt assessment to determine their level of debt and whether debt counselling is a potential solution.

“Having taken the first step, it’s important to be honest. As the debt counsellor talks you through the process, provide as much information as possible so he or she can make an accurate assessment of your financial situation.”

If the assessment determines someone is over-indebted, then the consumer can decide to formally apply to debt counselling. Once they do so, the debt counsellor does most of the heavy lifting by informing all creditors and credit bureaus that the person has applied, and is undergoing the debt counselling process.

As part of the process, the debt counsellor renegotiates reduced monthly payments on all credit agreements that fall under the National Credit Act. This ‘restructuring of debt’ is done within industry parameters and strikes the balance between the consumer’s ability to pay and their overall debt levels. It is not something that most consumers can easily or efficiently do on their own.

See also: What’s Yours Is Mine, Even Debt

Once more affordable repayment rates are negotiated with all creditors, the consumer’s ‘rearranged debt’ is then approved at a court or National Consumer Tribunal (NCT) to ensure the renegotiated rates kick in for the duration of debt counselling.

Consumers make one affordable, payment each month, which is distributed to the creditors included in the debt-counselling for the duration of the plan.

In debt counselling, all the relevant fees are built into this monthly, affordable repayment amount, therefore the consumer pays a single amount per month to an independent Payment Distribution Agency (PDA), also regulated by the NCR.

“Debt counselling is a highly regulated and very efficient mechanism for consumers to pay back their debt.”

The debt counsellor’s client service staff are available throughout the process to offer advice and support. Debt counselling usually lasts for between three to five years, depending on the amount of debt, the arrangements the debt counsellor is able to negotiate with the creditors and what the consumer can afford to repay each month.

Should the consumer’s financial circumstances improve they can increase the monthly payments or pay a lump sum to reduce the period or end the process. In fact, consumers are encouraged to pay more if they can.

Upon finishing the programme the debt counsellor will issue a clearance certificate confirming that all the accounts listed under the debt counselling agreement are paid up. Home loans are the exception and do not need to be fully paid but must be up to date. The debt counsellor will ensure that the credit bureaus receive the certificate.

The most commonly asked questions about debt counselling are:

Who can apply? Anyone who feels they are struggling with debt. If you are married in community of property you must apply with your spouse.

What does it cost? The National Credit Regulator has fee guidelines. The debt-counselling fees form part of reduced monthly instalments.

Can someone under debt counselling apply for credit? Consumers cannot apply for credit while undergoing debt counselling. Once they have completed the programme and received a clearance certificate they can again apply. It is advisable to draw up a realistic budget and discuss this with the debt counsellor or a financial advisor before applying.

For more information about debt counselling visit: https://www.debtbusters.co.za/

This is the Debt counselling process courtesy of the National Debt Mediation Association:

“Debt Counselling is a formal legal process that provides for a consumer to be declared over indebted and for the Debt Counsellor to negotiate a restructured payment plan and obtain a court order confirming the new repayment plan. The Debt Counsellor must be registered with the National Credit Regulator and have an NCRDC number. The NDMA uses the services of a registered debt counsellor.

Once declared over indebted and accepted into debt counselling the following will happen:

  • You will be protected from legal action for a period of 60 days from the day of application and after the arrangement has been concluded as long as you pay according to the new arrangement;
  • All your creditors will have to stop calling you and liaise with your debt counsellor;
  • You will be listed at the Credit Bureau as being under debt counselling;

For as long as you are under debt counselling you will not be allowed to get credit until you are issued with a Clearance Certificate once you have satisfied your obligations as per the Court or Tribunal order and in line with the National Credit Act.”

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