- Most people cannot live without credit and the use of credit sometimes gets out of control resulting in over-indebtedness.
- There are various causes of over-indebtedness and the following are examples of causes contributing to over-indebtedness:
- the availability of too much credit;
- an increase in the cost of credit, for example interest;
- reckless lending by a credit provider;
- a high inflation rate;
- emergencies that lead to loans like funerals, illness, job loss or divorce;
- a failure to budget; or
- A lack of financial discipline.
According to the National Credit Act, the regulations about reckless lending go as follows:
- (1) A credit agreement is reckless if, at the time that the agreement was made, or at the time when the amount approved in terms of the agreement is increased, other than an increase in terms of section 119(4)-
(a) the credit provider failed to conduct an assessment as required by section 81(2), irrespective of what the outcome of such an assessment might have concluded at the time; or
(b) the credit provider, having conducted an assessment as required by section 81(2), entered into the credit agreement with the consumer despite the fact that the preponderance of information available to the credit provider indicated that-
(i) the consumer did not generally understand or appreciate the consumer’s risks, costs or obligations under the proposed credit agreement; or
(ii) entering into that credit agreement would make the consumer over-indebted.
According to Oyisa United Debt Specialists, an account will be considered as reckless if:
- The credit provider didn’t do an assessment
- The client did not understand the risks of the credit
- The credit caused the client to become over-indebted
Reckless lending can be identified by the following:
- The client’s net income is less than their debt obligations per credit report
- No recent change of circumstance or accounts taken out afterwards
- No fraudulent activity by the client
It is a complete defence for the credit provider to say that the client was dishonest.
The credit agreement will have to have been entered into after the 1st June 2007, and the information on the agreement would have to be correct at the time of application, so that the information you have given to the credit provider is truthful. If the credit agreement is reckless then we would recommend taking this to court and the magistrate would be able to make a judgement on the matter.
Reckless lending does not apply to agreements before June 2007 or any of the following:
- A school loan or student loan
- An emergency loan
- A public interest credit agreement
- A pawn transaction
- An incidental credit agreement
The following steps map out the process involved with purchasing an item on credit, applying for a loan, or extending the credit limit on your store card and the actions taken by credit providers and credit bureaus.
- A consumer will apply for credit from a credit provider
- The credit provider will begin to process the consumer’s application, which will consist of sending an enquiry to various credit bureaus.
- The credit bureau will respond to the enquiry and will issue a report to the credit provider
- The credit provider will assess the report and decide whether the application is risk free and if it should be accepted or declined.
- In the event that the credit provider decides to grant the consumer credit, the consumer credit provider will be used in order to determine the interest rate the consume qualifies for and the deposit that needs to be put down in order to borrow the credit, if any.
- The credit provider will notify the consumer of the terms of business. If the credit provider declines the consumer’s application they may imply that the credit bureau advised not to take on the agreement, instead of stating the real reason which may be that the credit provider considered the consumer as a bad risk candidate. However, another credit provider may think differently and grant the consumer the credit they need.
- The Ombud will ensure that both the credit provides and the consumers play fair.
For more assistance with the credit process, or any questions with regards to sorting out your financial situation, specifically solving your debt, contact Oyisa United Debt Specialists on 079 9800 822.
South African consumers have the two defences, In duplum and prescription, against credit providers:
- In duplum:The in duplum rule simply put, states that upon default, the interest charged against a consumer cannot exceed the capital outstanding, that is to say, all a consumer can only ever pay as a maximum, is double the original debt amount at the time of default.
- Prescription:Prescription in South Africa refers to old debt, which occurs when it is no longer obligatory for a debtor to pay off their debt. Unfortunately, many South African’s are not aware that debt can prescribe.
The Prescription Act 68, implemented in South Africa in 1968, enforces the regulation of prescription and states that debt can be considered as prescribed if the following requirements occur:
- If in anyway, verbally or in writing, have failed to acknowledge the existence of the debt
- If you have not made a debt repayment for that particular debt in the last three years
- If you have not been summonsed in respect of the debt within a period of three years
If the debt has prescribed – You are not legally obligated to pay for it.
However, with regards to prescription in South Africa, it is important to bear in mind that not all debt prescribes in a period of three years. The following types of debt are likely to take an extended period of time to prescribe:
- Judgement debt only prescribes after 30 years
• Mortgage/Home loan debt
• Debts owed to the state/municipality. E.g. Tax, Municipal Debt, TV licenses
It is perfectly legal for a debt collector or attorney to demand payment for a prescribed debt. It is up to a debtor to raise prescription as a defence.
The purpose of prescription in South Africa is to compel creditors and collections agents to collect money owed to them within specified period and not delay recovery so that it accumulates massive amounts of interest and costs.
“I am earning a good income, but I am struggling to make ends meet and always spend out of my budget. Can you please advice on how I can sort out my debts and still stick within my budget? I do not want to impair my credit history, as I would like to purchase a house one day in the near future.”
OUDS advises the following with regards to sticking to your monthly budget and spending within your means:
Managing your debts and money poorly can have detrimental effect on your finances as a whole. It is vital that you implement good money management habits as soon as possible, in order to prevent further stress and accruing more debt. The following tips from OUDS can assist you with keeping your debt under control:
1) It is vital that you draw up a new monthly budget.
In order to monitor exactly where your money is going, correctly list your income and expenses. It is vital that you stick to your budget and constantly amend it to make sure that you live within your means. Try and optimise your budget by assessing your expenses and gauging where you can cut down on costs. Only purchase items that are necessary, until you have settled your debt.
2) Formulate a good payment plan, enabling you to pay off your debt as fast as possible.
Prioritise your debt. This can be done by determining which debts are more important than others. Important debts, such as home loans and vehicle financing, should be paid first. Smaller debts should also be paid off before bigger ones, as if they are left, over time the interest rates will increase causing the debts to turn into bigger ones.
3) Consult your employers and check whether you are receiving all benefits you are entitled to. This can help increase your income.
If possible, get a second job to enhance your income or find another means of income such as renting out a room in your house or asking your children to contribute financially or pay for their necessities.
4) Contact Oyisa United Debt Specialists on 079 9800 822 and sign up for debt counselling before your financial situation spirals out of control to a point where you are no longer able to pay off your debt.
Debt counselling a structured and closely managed debt solution that will enable you to pay off your debt, as well as give you a second chance to build a brighter future and contribute to the wealth generation in South Africa.
When facing financial difficulties, the first step is to acknowledge how much debt you have accrued and that you are in need of assistance. As you can see, you have already taken the first step to amending your financial circumstances for the better.
It is vital that you are 100% honest about how much debt you are in and confide in someone who you can trust. Remember, you must not take out any further credit. This will be detrimental to your financial health.
Oyisa United Debt Specialists has expert specialists that will conduct an assessment on your financial situation, draw up an affordable monthly budget and provide you with professional advice adequate for sorting out your debt.
Contact OUDS today on 079 9800 822, to find out more information on how to stick within your monthly budget, debt counselling and debt consolidation.
“My husband and I both had good jobs and we have always been able to afford our expenses. Due to the recession and the poor economic circumstances in South Africa, my husband was retrenched and lost his job.
This had a significant impact on our family’s’ finances as we no longer had a second income. I am now finding it extremely difficult to manage our expenses based on my income only.
Our house and cars are extremely important to us and I am very concerned that if we do not do something soon about our current debt situation, they will be taken away from us and we will lose everything.
Our finances are so minimal and we do not have money for food, petrol and other essentials, which are vital for our everyday living. I do not know what to do anymore and would like to know what can be done to help us eradicate our debt?”
- A redundancy package:When you lose your job, a redundancy package should be given to you. However, this may depend on how long you have worked at the company for. It is essential that you find out how much you will be granted and when you will be able to receive the money, if possible.
- Notify your credit providers:As soon as you lose your source of income, it is advised that you automatically notify your credit providers. For many credit agreements, you are charged an additional fee for Credit Life Insurance. Credit Life Insurance will cover you in the event of death, redundancy and disability and thus, will pay for your debts for a certain period of time. If the credit provider refuses to pay out, ask them to provide it to you in writing.
- Submit an application to the Unemployment Insurance Fund:This will ensure that you are paid a portion of your salary for up to six months. This will give you some time to find another means of income.
- Draw up a new budget:Create a new budget and determine what your expenses are and where you can cut costs or entirely eliminate costs. This will allow you to stretch your money so that it lasts for a longer period of time.
- Pension Fund: If you have a pension, you are allowed to take this out after redundancy. Make sure that you seek professional help from a reputable and certified financial planner, in order to familiarise yourself with the risks attached. It is not advised that you take money out of your pension fund before you retire however sometimes it can be okay to take out a small portion of money.
Due to the fact that you only have one income in your household, it is not uncommon for debts to start piling up. Debt counselling is a viable option for your financial situation considering you need to find a way to take back control.
Oyisa United Debt Specialists will negotiate your interest rates on your debts for you. Homeloans and vehicles are incorporated in the debt counselling process.
OUDS will be able to ensure that debt repayments on these assets are reduced, thus making it possible for you to keep them.
Contacting Oyisa United Debt Specialists (OUDS)
Oyisa United Debt Specialists operates from a centralised office in East London, Eastern Cape, South Africa.
Operating from one place helps OUDS better control business processes and develops them when the need arises.
However, OUDS has attorneys in every jurisdiction of South Africa. Thus, there is no need for Oyisa United Debt Specialists to meet with clients in person and all that is needed is the client’s documentation, which we will be used to liaise directly with your creditors.
In order for OUDS to deliver our services to South African consumers across the country struggling to manage their finances and to solve their debt problems, a formal face to face interview conducted on the Oyisa United Debt Specialists premises is not required in order for a client to make the purchase.
NB: If you are a local client though, OUDS does insist though that you make an appointment to meet face to face so that you may get acquainted with your personal debt specialist that will be dealing with your matter personally leading you towards a brighter financial future.
Signing up for one of Oyisa United Debt Specialists effective and trustworthy debt solutions is done over the telephone and via email. This ensures that process is conducted as quickly and conveniently as possible, to save you time and money.
Oyisa United Debt Specialists application process is 100% safe and reliable, as one of OUDS expert debt specialists will assist you every step of the way. All personal and financial information is keep confidential and the appropriate steps are made by the company to make sure the client is protected.
On a daily basis, Oyisa United Debt Specialists are available to discuss financial queries and service related topics at any time, thus enabling you to stay on top of your debt situation.
Oyisa United Debt Specialists also ensures that all employees follow the company values; service excellence, pride, growing people, forward thinking, integrity and accountability in order to conduct business in the most effective and ethical way.
However, OUDS has attorneys in every jurisdiction of South Africa. Thus, there is no need for Oyisa United Debt Specialists to meet with clients in person and all that is needed is the client’s documentation, which we will be used to liaise directly with your creditors.
Oyisa United Debt Specialists is registered with the National Credit Regulator (NCR). Clients or prospective clients are welcome to contact them for confirmation hereof. Oyisa United Debt Specialists can also provide you with our debt counsellor’s certificate on request.
When a consumer requests to borrow credit from a credit provider, the creditor will approach various credit bureaus in order to determine whether or not they will grant the credit. Not only will they do this in order to gauge whether or not they feel you will be able to manage the credit, but they will also assess whether the requested credit is an affordable amount for the consumer.
Any South African consumer that has a store account, bond, personal loan, etc., will have a record at more than eleven credit bureaus, who receive information from all major credit providers.
Credit reports display both positive and negative information based on the actions you have taken with regards to your credit. The following information may be present on your credit report:
A persistent default will show up on your credit report if you have not paid an account for three or four months or if you are regularly late in paying your accounts. A persistent default will be displayed on your account before a judgement is taken and will show up on your credit record for up to two years.
A judgement is listed on your credit report for the duration of five years. If you default on payment, a credit provider will obtain a judgement against you. Once this has been done, a court will authorise an order that permits money to be to be deducted from your salary. As an alternative, your positions, such as your house will be repossessed.
- Administration orders:
Administration orders are a form of insolvency. A court will appoint an administrator to distribute a set monthly amount to all of your creditors, on your behalf, in order to ensure that your debt repayments are made. An administration order will appear on a credit record for up to 10 years, unless it has been rescinded.
Sequestration is a legal process whereby you surrender your estate as you are deemed insolvent by court order. Sequestration is an option for an individual who has exhausted all their other options of resolution and therefore the court will appoint a trustee to sell the consumers assets and then proceed by distributing all the proceeds according to the Insolvency Act. The sequestration process is implemented in order to write off all your debts; however once you enter into the process you are no longer able to access any further credit. Unless sequestration enables you to rehabilitate your financial situation and pay all your creditors, the fact that you have been sequestrated will stay on your credit record for 10 years. However, if your creditors have been repaid after going through the process of sequestration, all information that led to your sequestration will be removed from your credit report, however for a period of five years your credit report will state that you have been rehabilitated.
- Debt Counselling:
If you go under debt counselling, the information related to the debt counselling process will be displayed on your credit record in the form of a notification, this is not a black listing.The debt counselling process fundamentally consists of a debt counsellor negotiating with your credit providers on your behalf, in order to find an agreed budget whereby your interest rates are reduced and the payment terms are extended in order to ensure that all your debts will be paid off over a period of 60 months (though this is dependent on various factors and the consumers credit portfolio). When under debt counselling, you are no longer able to access further credit until your debts has been paid off and you have received a clearance certificate.
When a credit provider requests to review your credit report in order to establish whether or not to grant you credit, it will be listed on your credit report. Enquiries will be displayed on your credit report for period of two years. According to the National credit Act (NCA) credit reports are confidential and can only be viewed if given permission and by those who have a prescribed purpose or are prospective employers associated with an occupation that requires immense trust and honesty, whereby the handling of money is involved. Thus, it is important for enquiries to be listed on your credit report in order for you to know who has viewed it.
How to read your credit Report?
A credit report is something that is extremely difficult to understand, as well as get useful information from, if you have never seen one before. However, in writing, it is difficult to explain how to read a credit report and thus, the best thing to do would be to contact TransUnion and request their assistance in helping you read your credit report. The contact number for TransUnion is 0861482482. Please note, if you dispute any of the information in your credit report, you can file a dispute case, which will then be investigated.
The Credit Ombud has permission to intervene and resolve any complaints about credit information held by a credit bureau if they relate to the following topics:
- Credit information from a credit bureau that is incorrect or incomplete: For example a default may depict that you owe R200 000 when you actually owe R2 000.
- Credit information that is outdated
- Adverse listings on a credit report produced by a credit bureau and the failure of credit providers to give consumers 20 working days’ notice before publishing an adverse listing.
- Consumers who have defaulted on debt repayments through no fault of their own, such as in the event of retrenchment, and have thereafter rehabilitated themselves
- Listings on a credit report in respect of prescribed debt, which is considered as debt for which the debtor is no longer liable
- Listings of single debt that has been duplicated on the credit report
- Identity fraud
- Service disputes
- Costs and damages – for example, if a landlord lists the costs of damages to a property
Help from the ombud:
The credit ombud resolves complaints and disputes from businesses and consumers that have been negatively implicated by credit bureau information provided by credit bureaus, as well as disputes with non-bank credit providers and debt counsellors. Non–bank credit is considered as credit that has been issued by an entity other than a bank such as microlenders, retailers, non-bank vehicle and property financers.
In terms of the nature of debt counselling complaints, The Credit Ombud deals with complaints associated with debt counsellors and their clients’ creditors, including banks, and complaints that consumers in debt counselling may have filed against a payment distribution agency.
The Ombud provides South African consumer education focused primarily around the credit industry and will help you solve any problems you have experienced with a credit bureau.
“My credit record has been breached and I have become a victim of Fraud. I was contacted by Telkom a few months ago, stating that I owed R2000 and that I am to make the payment before my landline is terminated.
However, I do not have a landline at home and I do not use any Telkom related services. The problem is, the fact that I have not paid the money has reflected on my credit report and has had a detrimental impact on my credit score.
This has impacted my ability to get a job too, as employers are checking credit scores before hiring. I am also now unable to open an account at various stores as they do not trust me. Please can you assist on how I can fix this problem? Who do I contact in order to rectify my credit score?”
The best process going forward would be to lodge a dispute at the credit bureau on this specific account, which will be reflected on your credit report.
A dispute consists of challenging the credit bureau with regards to the level of accuracy of the information listed on the credit report.
The credit bureau will investigate will investigate the situation and provide you with feedback within 20 days.
In order to file a dispute you will need to submit a copy of your credit report reflecting the account in arrears, your identity documents and proof of address.
For more information on how to file a dispute, visit the following site: challenge/dispute: https://mytransunion.co.za/MainPages/Help/ChallengeLC.aspx
“I would like to apply for debt consolidation, but I am worried about whether it will be effective in the long run. I am in a financial situation, ridden with debt, which I have never been in before. I owe so much money to my credit providers. I do not know where to begin…”
- R25, 000.00for my credit card
- R50, 000.00for a personal loan
- R26, 000.00for my overdraft
- R4, 300.00for my child’s school fees every month.
Will debt consolidation be effective in the long run?
Oyisa United Debt Specialists advises:
In the current economic environment in which South Africa finds itself, it is not easy to obtain a debt consolidation loan as banks are not willing to lend money to individuals who are over-indebted and /or have defaulted on their current debt repayments.
However, if a credit provider does grant you a debt consolidation loan, they will usually loan you the money with high interest rates attached. High interest rates are not the answer to your situation, as it will make it more difficult for you to pay back your debt.
Debt counselling is an alternative debt management solution which can assist you with settling your debt. You will be able to pay off your debt, within a period of five years and less, based on the amount of money you can afford to pay towards your debt each month.
Oyisa United Debt Specialists excellent financial consultants will assist you with the process, whereby you will be provided with a new monthly budget and given advice on how to stick to it.
Oyisa United Debt Specialists will also ensure that arrangements have been organised with your credit providers, so that you are not hassled by your creditors and legal action against your accounts included in the debt counselling process will not proceed. Debt counselling is a remarkable process that will ensure that you become debt free, as well as stress free.
For more assistance with your financial situation, contact Oyisa United Debt Specialists today on 079 9800 822, and a debt specialists will evaluate your financial standing and offer advice and the best possible debt solution available to your unique situation.
“I would like to obtain a debt consolidation loan. I have had two bad years where I have made several bad financial decisions. I have three loans, from different credit providers, and my credit card account is in arrears.
What I would like to do, is combine all my debt into one amount and only pay that one amount off on a monthly basis. However, if this is not a possibility, what other alternative solutions do you propose?”
Oyisa United Debt Specialists advises the following:
Your situation is what one would refer to as the classic “debt cycle”, whereby individuals borrow too much credit that they can no longer afford to pay off and therefore end up taking out additional larger loans in order to pay off their current accrued debt.
The problem is, eventually you will no longer be able to meet your debt repayments as your debt will become unaffordable. However, you need to remember that you are not alone and many South African consumers are in the same position as you right now.
A debt consolidation loan, whereby you borrow one large amount of money in order to pay off all your smaller debts would be a solution that can assist you with becoming debt free. Basically, you consolidate your debt into one amount and thus, no longer have to deal with the hassle of making multiple payments. But, due to the spiralling debt crisis in South Africa, the banks have turned down the taps on unsecured lending, making it more difficult to get a debt consolidation loan.
South African banks are only likely to grant a consumer a debt consolidation loan if they are able to comfortably afford their debt repayments. Debt consolidation loans are only paid out to personal loans and not credit card accounts, and often they are only paid to one credit provider, which hinders the process of settling your debt. Debt consolidation loans were introduced primarily for convenience.
Its main aim is to reduce the hassle of paying multiple credit providers and not a solution to help reduce debt instalments and settling debt faster.
In your particular situation, it would not be possible to obtain a debt consolidation loan, due to your current affordability status, as well as due to the fact that a consolidation loan does not cover credit card debts.
However Oyisa United Debt Specialists offers an alternative debt solution similar to debt consolidation, called debt counselling.
Debt counselling is a debt solution where a debt counsellor will restructure your debts, by negotiating interest rates with your credit providers. Your monthly debt repayments will be reduced as interest rates will be renegotiated to a lower amount.
Debt counselling consolidates all your debt repayments in to one amount, without having to take out a loan and covers credit card repayments. Thus, like debt consolidation, with debt counselling you only have to make one monthly payment to a Payment Distribution Agency.
In order to find out more information about debt counselling contact Oyisa United Debt Specialists on 079 9800 822 or visit the Oyisa United Debt Specialists Website, “Services page”, at www.ouds.co.za As an alternative to debt consolidation.
What we do is negotiate reduced monthly payments with your creditors in order for you to cope with your monthly debt commitments. You will only have to make ONE single payment each month directly to a Payment Distribution Agency, whom in turn will distribute your funds to your various creditors.
The Sequestration Procedure:
- An advert gets published in the Government Gazette and the Burger. This will prevent further legal action against you.
- An Ability statement is drafted that you must sign before a Commissioner of Oath. This document is submitted for inspection at the Master of the High Court for 14 days or with the local Magistrate.
- Thereafter a registered letter is forwarded to all credit providers as notice of the surrendering of your estate.
- SARS will also be notified.
- At the day of the Court proceedings an Advocate will represent you.
- After the application has been approved and granted in Court, a Curator is appointed to handle all financial matters on your behalf.
- The Court Rules determine that you pay between 20c and 22c in a rand benefit to your creditors. In other words if you owe FNB R1.00, they should get 20c thereof. The benefit of this approach is that the repayment amount does not accrue interest.
- The client receives a document to list all household items. This document gets forwarded to the valuator to establish the value of the items. Your assets will be evaluated at a market related price.
- If your vehicle is under hire purchase, the Rule of Court stipulates that any bank may repossess the vehicle.
- Should your instalments be up to date the financial institution may consider your request to keep the vehicle. There is no guarantee that you may keep your vehicle, especially should your vehicle be in arrears.
- Vehicles registered in another person, or legal person, name will not form part of the estate
- You will be insolvent for at least the next 2 to 4 years.
- There are circumstances where you can apply for rehabilitation after 18 months, this is an exception rather than the rule. You may not have a cheque account or credit card facility.
- You may under no circumstances engage in any debt arrangements.
- Your salary and other income is still your own and you do not have to pay any creditor
- Only your creditors are notified of the process and not your employer or any other person. You will not be discharged from your work because of it
- You will not have to attend Court
- Your curator can arrange with your financial institution to keep your vehicle and if your instalments are up to date
- The amount payable is R5100 (dependent upon your legal counsel’s charges may vary accordingly).
- The Government Gazette’s cost amount to R80 and the Burger R590.
- The Valuer amount is R3500 (dependent, may vary accordingly). Registered mail that is sent to creditors costs R20 per letter.
- Full payment of R5100 (dependent upon your legal counsel’s charges, may vary accordingly), must be made before the application for the surrendering of your estate commence.
Sequestration can have many advantages and disadvantages.
If you are struggling to decide what the best solution for your debt problem is, call Oyisa Debt Specialists today on 079 9800 822.
Oyisa Debt Specialists experts will advise whether sequestration is an option for you.
Creditor legal action processes:
Section 129 Notice
- First step in the legal process and should be taken seriously by credit consumers to prevent further legal action.
- It is the notice issued in terms of section 129 of the National Credit Act advising a consumer that they are in arrears of a certain amount in unpaid instalment(s) at a given date.
- The credit provider or an Attorney appointed by the credit provider may issue notice according to Sec 129 of the NCA at any time after the client has been in arrears for more than 20 business days.
- The credit provider reserves the right to issue the Section 129 at an time after 20 business of being in arrears.
- The credit provider may not proceed with any legal action without having fully complied with NCA requirements as contemplated in Sec 129 & Sec 130.
It is important to know how to identify a section 129 notice:
In order to fulfil the general requirements of the notice the Sec 129 notice/ letter should possess a minimum of the following key elements:
- Name, ID and address of the consumer
- Clearly “dated”
- State the agreement which the client is in default and the specific amounts thereof; and
- Clearly indicate that the letter serves as “notice in terms of Section 129”
- State in no uncertain terms that the consumer is in default
- The intentions of the credit provider to enforce his rights as per the agreement
- Possible remedies to avoid enforcement of the credit agreement by the creditor
- Time frame available to institute remedies to avoid further legal action
- Valid notification of section 129:
The Act prescribes the notification in Section 129(1):
This notification can be broken down into the following notification criteria in order to be considered as valid:
- Notification of the consumer’s default should be given to the consumer. It is important and a precondition that the consumer be made aware of his default; and
- The notification should be in writing; and
- The notification should comprise a certain format, stating in no uncertain terms what the consumer’s rights and options are; and
- The notification should disclose the intent on the credit providers front to reconcile and negotiate a plan to help the consumer out of his default
Section 129(1)(b) adds to the above mentioned criteria by stating that:
- Legal action may not be taken against a consumer in default if the notice as envisaged in section 129(1)(a) has not been delivered; and
- Legal action may not be taken against a consumer should the requirements as stated in Section 130 not be met
Section 129 notice of the NCA is the start of legal action and should be taken very seriously to prevent further legal action:
- It is always best to deal with the creditors in writing. Keep a copy of times, dates and contacts you have dealt with as this becomes a very important issue when consumers make arrangements, only for the creditors to proceed with the next legal step, a Summons.
- Check the date that has been listed on the letter, to the date the letter was posted. It has been known that letters have been sent whereby the dates do not correspond. An example of this is the letter is dated 1 January 2011 but it was only sent on the 4 April 2011.
- This letter also advises that it is the creditor’s intentions to take further legal action. Creditors warn consumers that should this letter be ignored, they will enforce their rights to issue a summons which could result in a sale of execution on your home. A further warning is issued, when creditors advise that they intend to supply adverse information through to the credit bureaus.
Make sure to keep yourself up to date on information regarding the section 129 notice
|SECTION 129||LETTER OF DEMAND|
|Derived from The National Credit Act 2007||Derived from the Common Law Act prior to 2005|
|Introduces timeframes into the default recovery process i.e. 20 business days in default and furthermore 10 business days should elapse before enforcing he rights of the credit provider.||Has no standard time frames but relies on the terms and conditions given in the credit agreement.|
|Seeks to educate and protect the consumer of his rights and possible remedies to prevent further legal action||Seeks more to protect the credit provider from loss under a credit agreement|
|Standard process and format which saves time by giving time frames to be adhered to in the notice process which can be verified before a court of law||Will require the court to revisit the specific agreement to ascertain the credit providers claims are reasonable and fair|
|Requires a specific prescribed format of drafting the notice later|
To learn more about a section 129 notice or letter of demand, contact Oyisa United Debt Specialists on
079 9800 822.
Emoluments Attachment Order (E.A.O)
- There has been a growing public awareness of the abuse of EAO’s in the industry
- On the 16th of April Deborah Patton did a expose on the abuses of EAO’s by Credit Providers and there was a survey that she did on EAO’s and she only found 3 valid orders from a batch of 1000
- Atlas finance was profiled as a credit provider that was abusing the system
- The Law Society of the Northern Provinces are currently seeking permission to name and shame the Attorneys and collections agents that have been abusing the garnishee system
- 65J Emoluments attachment orders
(1) (a) Subject to the provisions of subsection (2), a judgment creditor may cause an order (hereinafter referred to as an emoluments attachment order) to be issued from the court of the district in which the employer of the judgment debtor resides, carries on business or is employed, or, if the judgment debtor is employed by the State, in which the judgment debtor is employed.
45 Jurisdiction by consent of parties
(1) Subject to the provisions of section forty-six, the court shall have jurisdiction to determine any action or proceeding otherwise beyond the jurisdiction, if the parties consent in writing thereto: Provided that no court other than a court having jurisdiction under section twenty-eight shall, except where such consent is given specifically with reference to particular proceedings already instituted or about to be instituted in such court, have jurisdiction in any such matter.
What is it?
Debt Counselling is a voluntary process created to assist over-indebted consumers. The Debt Counsellor (trained individuals registered with the National Credit Regulator) assesses the consumers’ debts, rearranging the debt putting in place a repayment plan that is affordable to the consumer. Although Debt Review is a relatively new profession in South Africa, the concept has been proven in countries such as the U.S.A and the UK. Debt Counselling has the consumers’ wellbeing at heart, providing a tool whereby the consumers’ dignity remains intact and they are rehabilitated into the credit market. Debt Counselling also provides safety for your assets including your Home and Car.
The National Credit Act (NCA) introduced the formal debt rehabilitation program, debt review, in order to prevent consumers from being placed into personal administration and having to deal with the long term effects.
The process was also implemented in order to make sure that debt counsellors follow strict and ethical guidelines when assisting clients with gaining their financial well-being.
Debt review is the process whereby a debt counsellor assesses a client’s outstanding debt and implements a restructured debt repayment plan. This will be done through the process of renegotiating interest rates with credit providers in order to reduce them (where possible), as well as by extending the debt repayment terms.
A new affordable monthly budget and payment plan will be drawn up by a debt counsellor, which will provide the client with the correct guidelines and means to live off.
In addition to this, the debt review process entails that the client makes only one monthly debt repayment to a payment distribution agency, which will then pay all the clients credit providers. This reduces the stress of having to keep up to date and on top of multiple debt repayments.
Most importantly, when under debt review, clients are legally protected by the National Credit Act (NCA) and creditors are no longer allowed to hassle them.
At Oyisa United Debt Specialists, the debt review process is administered by a professional and efficient debt counsellor registered by the National Credit Regulator (NCR). Our debt counsellors are accountable for guiding our clients step by step through the entire process and ensure that they are provided with the best financial advice and means to solve their debt problem.
Our debt counsellors go the extra mile by not only assessing the clients situation, but by also ensuring that they are taught how to budget and manage their finances in order to spend accordingly and keep up to date with their debt review payments.
South African consumers who are classified as over-indebted will qualify for the viable debt solution, debt review. However, it is also required that consumers are employed and earning an income.
Oyisa United Debt Specialists debt review process is aimed at ensuring clients are debt free within a period of five years (dependent upon various factors to be discussed with your DC), thereafter able to manage their finances efficiently.
- Once a consumer has made application for Debt review, Credit Providers can no longer attach any assets or take any further legal action against the consumer pending a determination by a Debt Counsellor as to whether the consumer is actually “Over-Indebted” or not. Should the consumer be “Over-Indebted” the consumer continues under Debt Review until all debt is settled.
- There is no permanent record of being under Debt Review kept on any Consumer Credit Bureau Data Base, meaning that unlike Administration or other avenues, the process leaves no black mark against your name.
- Repayment of your debt obligations is done through one regular monthly payment (to a Payment Distribution Agency (PDA) – an independent third party who monitors the repayments from the debtor to the creditors. In other words they handle the money side of things).
- The Debt Counsellor will set aside a certain amount of income for your necessities (food, school fees, transport costs etc) and you then use whatever money you have left over to pay your debts. You will never pay more money than you can reasonably afford.
- A registered Debt Counsellor is far more likely to get a positive response from your creditors when it comes to negotiating your repayments than you might as a consumer.
- While under “debt review”, you only make one monthly payment – to a Payment Distribution Agency – who in turn pays all your creditors. This one easy payment will make your finances much easier to manage and reduce your banking fees.
- A qualified Debt Counsellor will be able to advise you on ways to cut your monthly costs.
- Relief from all the stress of being in debt. You will get good advice and know that you are doing something about the problem. Knowing that one day the debt will gone, as will any record of it puts your mind at ease. No more letters you are too scared to open. No more phone calls you are too nervous to answer. Dealing with the problem rather than ignoring it gives you an instant feeling of relief.
- A debtor will not get access to credit whilst under debt review, which includes new financing for a home and/or a motor vehicle. A Clearance Certificate must be issued first and be declared “financially rehabilitated” first before further credit may be granted. While this may seem to be a negative aspect, the prevention of further credit will protect a debtor from becoming more indebted, and it will protect credit providers from being accused of “reckless lending”.
- If a debtor misses a payment under debt review, the creditors may terminate the debt review process and proceed with legal action. That is why the Debt Review legal process is a serious one meant for consumers “wanting” to earnestly resolve their debt concerns.
- The debtor may have to open a new bank account if the Debt Counsellor requests this. This is a preventive measure to ensure that no further deductions, should your credit providers be administering such upon your bank account directly, take place going forward.
- CLEARANCE CERTIFICATE: a certificate that is issued to the debtor once she/he has paid all their debts. The debtor’s name will then be removed from the credit bureau as being under debt review.
- RECKLESS LENDING: means failure by a credit provider to conduct a credit assessment of the debtor as required by the NCA; or an assessment was undertaken but upon entering into an agreement with a debtor, she/he did not understand or appreciate the costs, risks, and obligations of the credit agreement, or entering into an agreement made a person over-indebted.
In some isolated cases there were some bad apples in the industry in the form of Debt Counsellors who were/are in it for a quick buck. Most of these bad apples have since been worked out of the system, ensuring a dependable industry that is helping thousands of South Africans to deal with their financial distress. Unfortunately there are still some left promising consumers impossible feats in advertising Debt Counselling in an incorrect light such as: “Consolidate your debt!”, as Debt Counselling is not a consolidation loan in any respect.
South Africa has managed to bring Debt Counselling to a point where it is regarded as one of the most successful of its sort in the world.
It is imperative that you choose the correct Debt Counsellor though, as we are of the opinion that there are still certain Debt Counsellors in the industry who do not possess the necessary skills, competence, don’t forget the bad apples and experience to offer you the full benefits that Debt Counselling can offer.
OUDS aims to help clients from all demographic and economic segments, providing each with excellent customer service and solutions tailored to meet their individual needs.
OUDS operates from a centralised office in East London, South Africa, from which we service clients nationally.
OUDS believes in giving clients a second chance to build a brighter future. OUDS aims to improve the quality of people’s lives and educate consumers so they are in a position to generate wealth and contribute to the positive development of South Africa.
Oyisa United Debt Specialists, debt management consultancy, is a relatively new industry and it has taken time for newer companies to familiarise themselves with the industry norms and procedures. In the past, the majority of debt counsellors were individual operators and not companies. These individual counsellors took their clients’ first fees and then left them stranded.
OUDS is a reputable and well known debt management company, registered with the National Credit Regulator.
The debt review process that Oyisa United Debt Specialists delivers is often viewed in a negative light due to a lack of understanding.
Why use it?
Why use a debt counsellor?
- Are you struggling to keep on top of your financial situation?
- Are you failing to meet your debt repayments as your expenses exceed your income?
- Are you over indebted?
- Getting calls from your creditors & debt collection agencies?
- Getting nasty SMS’s and letters?
You can determine if you are over-indebted by the following:
- Taking out more credit in order to pay off current debt
- Creditors are constantly hassling you
- Prioritising your debts by paying more important accounts before others
- Your expenses exceed your income and thus, you cannot pay your monthly accounts
- If the answer is yes to the majority of the above questions, you are most likely in need of a debt counsellor.
What is a debt counsellor?
A debt counsellor can be considered as an individual who is fully qualified and registered with the National Credit Regulator (NCR). The National Credit Act (NCA) formally introduced debt counsellors, in order to better regulate the process of assisting consumers with managing their debts. Debt counsellors are able to work for an organisation or independently, as long as the correct rules and regulations are abided by.
Oyisa United Debt Specialists is one of South Africa’s leading debt management companies, which comprises extremely qualified, knowledgeable and supportive debt counsellors, paralegals and attorney that will negotiate with credit providers on the behalf of clients, as well as design and implement an affordable debt repayment plan. Oyisa United Debt Specialists debt counsellors aim to empower clients to take control of their finances, as well as their future financial decisions.
Oyisa United Debt Specialists debt counsellors:
- Offer the best support,
• Are helpful, knowledgeable and fully qualified,
• Well trained and compliant with the National Credit Regulator (NCR),
• Dedicated to assisting clients to the best of their ability and providing optimal care,
• Work side by side with client services and legal team,
• Provide budgeting methods and personal finances management plans in order to solve debt problems.
It is vital that you approach a registered debt counsellor, such as Oyisa United Debt Specialists (NCRDC2312) to ensure that your finances are placed in the right hands. In order to find a registered debt counsellor, contact the National Credit Regulator on 0860 627 627 or visit www.ncr.org.za.
At Oyisa United Debt Specialists, the debt review process is implemented by our trustworthy and professional debt specialists, thus making sure that the clients are provided with excellent service.
The debt solution was introduced in South Africa by the National Credit Act in 2007. When under debt review, South African consumers are legally protected and given rights by the National Credit Act, as long as they keep up to date with their debt rehabilitation payments. Your debt counsellor will deal directly with your credit providers, thus meaning that creditors are not allowed to hassle or threaten you for money.
The debt review process also enables you to make one monthly instalment to a payment distribution agency and therefore reduces the stress and trouble associated with having to keep up to date with multiple debt repayments.
A debt counsellor will also negotiate a new debt repayment plan with your creditors by extending your debt repayment terms. Lower monthly instalments will also be arranged, as credit providers will make sure that you pay less on instalments by renegotiating your interest rates and having them reduced. Debt review will save you money and leave you with greater means for living expenses.
More importantly however, debt review can also be considered as an educational process. At OUDS, our expert debt specialists will draw up a new and affordable budget that will assist you with managing your money properly and provide you with the means to cut down on expenses where possible. The budget will be tailored to your personal requirements and specific household needs.
Debt review will give you peace of mind and reduce your stress, as your debt situation will be under control and governed by the process. Overall, debt review is definitely a reliable and more suitable option for solving debt problems.
Ask yourself the following questions:
- Are you experiencing financial problems?
2. Are you struggling with debt and loan repayments?
3. Are you accounts in arrears?
If you have answered yes to at least one of the above questions, then OUDS Phalanx© offers a comprehensive range of debt liberation services which may be the answer for you. Deciding which one is better, is generally the hard part.
Debt review, one of Oyisa United Debt Specialists viable debt solutions, allows you to consolidate your various debt payments into one monthly instalment without having to take out a loan. Whereas, the process of debt consolidation requires you to combine all your debts and take out a loan, to cover those debts.
With the process of debt review, Oyisa United Debt Specialists will assess your financial situation and find the best possible way to restructure your debt. Oyisa United Debt Specialists will negotiate your debt repayments with credit providers on your behalf.
Your debt repayments will be consolidated into one monthly repayment, which you will pay to an NCR regulated payment distribution agency.
The payment distribution agency will pay all your credit providers on your behalf. Oyisa United Debt Specialists will also ensure that your debt repayment terms are extended. Your bad credit records will be rectified once your debt repayments have been made.
Debt review can be considered as a better debt management solution as it can help a much wider variety of South African consumers.
If you as a consumer, have missed previous debt payments or have had legal action implicated against you, then a debt consolidation loan will not be an option, as no credit provider will lend you money at a reasonable interest rate that will be affordable to your specific financial situation.
Many debt consolidation loans have high interest rates, which will inevitably deteriorate the client’s financial situation.
For debt consolidation to work, consumers have to be sure that they are able to afford the monthly instalment every month. This can only happen if the consumer manages to secure a loan at a lower interest rate than they are currently paying on the debts they wish to consolidate.
Because over 90% of Oyisa United Debt Specialist’s clients receive acceptances for lower interest rates and lower monthly repayments, the debt review process stands as a much safer option than debt consolidation.
How does it work?
- A Legal Counsellor must determine if a debtor is probably over-indebted. If there is a likelihood of over-indebtedness, the matter is referred to a registered Debt Counsellor.
- ONLY a registered Debt Counsellor can decide on whether a debtor is over-indebted – the Debt Counsellor may agree or disagree with the Legal Counsellor.
- The Debt Counsellor will decide on 1 of 3 outcomes:
- The debtor is not over-indebted. The application is rejected where the debtor may go to Magistrate’s Court and apply for an order to be declared over-indebted.
- The debtor is not over-indebted but does have problems paying his/her debts punctually. The Debt Counsellor recommends that the debtor and credit providers agree on a plan of debt arrangement. If they reach an agreement, it is filed as a consent order with the National Debtor Tribunal or a Magistrate’s Court. If they do not reach an agreement, the Debt Counsellor makes a recommendation to the Magistrate’s Court where it can make an appropriate order.
- The debtor is over-indebted. The Debt Counsellor then recommends to the Magistrate’s Court to make an appropriate order such as rescheduling the debtor’s monthly payments to creditors.
The creditors will be notified of this conclusion through a legal notice. This notice will give confirmation of over-indebtedness and the new repayment proposal will be sent to the creditors. It gives the creditors peace of mind that the debtor will keep to the new arrangement to pay each month and not skip or short pay on monthly repayments. This process is finalised as soon as the Magistrate makes the debt review application an order of court
- Debtors who are natural persons (individuals) may apply – juristic persons (companies) as debtors may NOT apply for debt counselling.
- The debt review process is only available to a debtor who is over-indebted and has an income.
- Couples who are married in community of property must apply jointly for debt review.
- Couples who are married out of community of property can apply jointly if they have a joint debt. Baring this they may apply separately.
- Pensioners can also apply for debt review as pension is an income.
Ask yourself: “if I did not stick to the process before will I stick to it this time?”
If you were under debt review and paid up all your debts before and got into trouble again it will be a much easier process and the creditors and court will be much more willing to help.
Debt counselling is considered as a legal process, which was enforced by the National Credit Act in 2007, in order to help over-indebted South African consumers repay their debt. It differs from debt consolidation, as debt consolidation is a loan which is taken out to replace smaller debts with one big amount, in order to reduce the interest rates and thus, save you money.
If you are married and you are struggling with meeting your debt repayments and keeping on top of your financial situation, your marital status will impact your steps going forward to sort out your debt problem.
Depending on whether you are married inside community of property or outside of community of property, it will determine how you will go about solving your debt.
If you are married in community of property or according to a traditional marriage, both you and your spouse have to apply for debt counselling and follow through with the process together. This is due to the fact that when married in community of property, as a couple, you are classified as one single joint estate, according to the law. Therefore, all assets and debts are considered as joint too. You both remain responsible for the repayment of the debt and you will both remain under the debt review process.
However, it is important to note that until both partners have signed the debt counselling application form, one individual spouse is not valid for the process. A partner, who does not sign the application form, cannot be included in the debt counselling process by default.
When couples get married in community of property, they are basically marrying each other’s finances. It is essential that couples speak to each other openly and honestly about their financial situation, before getting married, so that they are well aware of what exactly they are getting into.
To sum everything up, if you are married in community of property, both you and your partner need to apply for debt counselling.
We have extensive experience in dealing with a lot of credit providers and know the ins and outs of the process through practical experience – no one is therefore better positioned to restructure your debt repayments!
The good news is that many credit providers are willing to reduce interest rates so that a consumer can get out of debt in a reasonable period of time.
If the debt is to be settled in 60 months or under (for unsecured debts such as personal loans, store cards and credit cards) then most credit providers will accept the new payment plan. If the proposed new payment plan is over an excessive period of time, then many creditors will reject the proposal and there will be no reduction in interest rate.
Some debt counselling companies claim that they can reduce debt repayments by 60% or even 70%. Can you do the same for me?
The extent to which we can reduce your monthly debt repayment amounts depends on the type of debt that you have. No one can reduce the interest rates on property bonds and vehicle finance to the extent that it would result in a 60% reduction in the debt repayment amount. On unsecured loans, it is however possible to reduce debt repayments to this extent. If your debt therefore consists of only unsecured loans, we can do the same for you but if you also have a bond or vehicle finance, no one will be able to reduce your debt repayments by more than 60%. Any company which is claiming to be able to do so should not be trusted.
“I have approximately R300 000 worth of debt, which comprises personal loans and credit card accounts, which I would like to settle.
However, is there a way to settle my debt by consolidating it all into one loan, without having to enter into the debt counselling process?
I know debt counselling is a great debt solution, however I would like to go another route before.”
OUDS advises the following:
Fortunately, there are two different options you can try to settle your debt before joining the debt counselling process. However, the only way that this would be possible, would be through a pre-existing bond or bettering your financial situation.
- If your financial situation changes for the better, allowing you to settle part of your debt, Capitec Bank would be able to consolidate a debt for up to R230 000. This would be payable over a maximum debt repayment term of 72 months. However, interest rates on debt consolidation loans are generally higher than other loans, which can mean that it will take longer for you to settle your debts. Debt consolidation differs from debt counselling, as the interest rates on your accounts will be reduced to a much lower amount.
- If you have a home loan and there is a possibility of there being equity in the property, you can potentially extend your bond and use the equity in order to pay off your existing unsecured debt. In order for this to happen it is required that you have a clean credit record and that your repayments are up to date.
However, if you do not qualify for either of the two above options, as the interest rates on the consolidation loan may be too high or if there is no equity in your property in order to pay off your unsecured debt, the best alternative is debt counselling.
Debt counselling is a structured debt management solution, enforced by the National Credit Act(NCA) in 2007. The process is implemented in order to extend the debt repayment terms and reduce current interest rates, by negotiating with credit providers.
Although debt counselling differs from debt consolidation and releasing equity from your home loan, it is an effective process that will assist you with eradicating your debt and will give you a second chance to build a brighter future!
Do I need it?
Some indications that you are over-indebted:
- You use your credit card and overdraft facilities to pay debts and buy food and other necessities;
- You borrow money to pay other debts;
- You skip payments on some accounts in order to pay others because you cannot keep up;
- You cannot pay your bills at the end of the month;
- You receive letters and summonses from creditors and/or lawyers;
- You are considering being placed under administration;
- You have judgments granted against you.
Debt is a widespread problem in South Africa that is rapidly increasing through the country and the majority of consumers are now in need of debt counselling Determining whether you are in debt and in need of debt counselling can be done by asking yourself the following questions:
- Are you being hounded and hassled by Credit Providers?
- Are you struggling to make your monthly debt repayments on time?
- Are you paying for household expenses on credit?
- Do you have garnishee orders against your salary or various assets?
- Are you struggling to service your debt problems and pay off your loans?
- Would you like to avoid bankruptcy?
- Do you want to be debt free and no longer have bad credit?
If you answer YES to most of the above questions, Oyisa United Debt Specialists debt counselling service is the right of option for you.
If you cannot afford your debt repayments, the best thing to do is to contact a debt counsellor that is registered with the National Credit Regulator (NCR). Oyisa United Debt Specialists will conduct a full assessment on your financial situation and advise you on whether or not you are in need of debt counselling.
If you are over-indebted, OUDS will introduce you to the process called debt counselling. A debt counsellor will take into account your income and expenses and will work out a new debt repayment plan comprising smaller instalments and extended terms. Most importantly, the debt counsellor will conduct various checks to make sure you can afford to repay your debt.
Debt counselling reaps many benefits for South African consumers:
- Your debt will be restructured. Your income and expenses will be taken into account and you will now be able to afford your debt.
- A registered debt counsellor will negotiate with your credit providers on your behalf.
- You will make one monthly payment to a payment distribution agency, who will then pay your credit providers.
- Interest rates will be reduced and debt repayment terms
- You will be legally protected and no longer hassled by credit providers.
The golden rule is not to wait too long before you contact us! The earlier you come to us, the easier it would be to find a solution for you. You can only benefit from contacting us, do it now!
Contact Oyisa United Debt Specialists today on 079 9800 822 for financial advice and take the step to becoming debt free and stress free today. Debt counselling could be the right option for you!
If none of our services provide for your particular needs we will refer you to one of our preferred service providers to assist you with the most appropriate process, whether it is sequestration or perhaps selling your property.
How Long will it take?
Within the first 5 days, we will work out a provisional repayment plan for you which you will be able to afford. In terms of the provisional repayment plan, you will make a single payment to a Payment Distribution Agency (PDA), who will distribute the money according to your plan.
During the first 60 working days, your Credit Providers will not be allowed to implement action against you. During this time we will prepare your final repayment plan.
What we are trying to say is that the period of time that you are under Debt Review for is unique to the balances you owe your creditors, the assets you have placed under the process and the amount of creditors you owe money too. Everyone’s debt is unique as well as your repayment period, you could be estimated to repay your debt for less than 60 months or more even, a lot of factors play a part in the repayment period.
In order to lower your monthly instalments, we have to extend your repayment periods. In some cases we manage to convince Credit Providers to also lower their interest rates, which means that your repayment period will not be stretched too much.
Your debt repayment plan will indicate exactly when your last day of payment will be. It is different for everybody, as every individual’s situation is unique.
All of this though will be explained in detail and disclosed to you by your debt counsellor.
The time period depends on how much debt the client has, the repayable interest rate and how much the client can pay back each month.
By paying back a greater amount of money each month, the client’s debt will reduce much faster and before they know it, they will be debt free and stress free.
My current circumstances
- Struggling to meet their debt repayments on time
- Unable to pay off their debts after taking into account all expenses and income
- Currently employed and earning a monthly income
- Deemed over-indebted (At the end of the month, you owe credit providers more than what you can pay for)
Unfortunately, Oyisa United Debt Specialists is unable to offer their services to South African consumers who are unemployed and do not receive any other income form of income, like rental income or pension. This can be attributed to the fact that you have to receive a monthly income in order to pay for your current monthly debt instalments.
Although Oyisa United Debt Specialists will reduce your interest rates and extend your debt repayment terms, allowing you to pay a smaller monthly instalment, you still have to be able to afford that instalment so that they can eradicate all of their debt.
However, for South Africans that are married “in community of property” and have a partner that is currently employed and earning an income, then you may qualify for debt review as a joint application.
It is essential that you find employment as quickly as possible in order to contribute to the debt review process and become debt free as soon as possible. Oyisa United Debt Specialists believes that consumers should be able to generate wealth on contribute to their own personal development, as well as to the development of South Africa.
If you are currently employed and over-indebted in order to apply for debt counselling follow the below steps:
- Fill in “The Free Call back Form” onouds.co.za
- Receive a Application pack, advice and debt review
- Provide your:
South African Identification Booklet
Substantial monthly funds to meet monthly debt repayments
However, Oyisa United Debt Specialists insist that clients inform the company of their situation and do not fail to disclose any information, as omitting to provide certain information can have serious repercussions with the credit providers.
Creditors and Debt Counselling/Debt Review
Sometimes it can take a bit of time for creditors to update all their departments with the fact that you are under review.
It does unfortunately happen from time to time that some Credit Providers or even their debt collectors will take a chance by making contact with our clients directly – should they contact you, let them know that you are under debt review and that we are acting on your behalf.
Oyisa United Debt Specialists suggest that clients advise the credit providers that they have applied for debt review in terms of section 86 of the National Credit Act.
If the credit providers ask for proof, clients will be able to show them their Oyisa United Debt Specialists receipt.
Clients should also request that the credit providers contact Oyisa United Debt Specialists on 079 9800 822. If the credit providers do not desist in this practice, please send a complaint through to www.ncr.org.za.
On many occasions, credit providers sell their books of debt and thus, clients can be harassed by another debt collector.
Debt collectors still have to follow the National Credit Act, therefore allowing clients the right to threaten to report them.
You can simply refer them to your OUDS Debt counsellor and they are not allowed to threaten you or make any demands from you.
You should forward any letters you may receive from creditors to us to deal with. Oyisa United Debt Specialists will handle all contact from your credit providers for the entire time that you are under debt review.
If a credit provider or debt collector contacts you, the best option would be to contact OUDS straight away and we will advise you on the best debt solution for your needs.
Never make any arrangements with a credit provider without discussing it with OUDS, as this can have a negative impact on your entire repayment plan with the other credit providers.
Unfortunately certain debt collectors will use dishonest and illegal tactics in order to trick you into defaulting on your debt review payments in order to pay them instead.
Be aware as debt collectors may pretend that you are not under debt review or that they have terminated your debt review. They are by no means allowed to take this sort of action.
Therefore, if you are at all concerned or confused at any time whilst under debt review, it is vital that you contact Oyisa United Debt Specialists on 079 9800 822.
Oyisa United Debt Specialists expert debt consultants will be able to assist you in taking the right course of action.
The documents may be a S129 letter informing the client that legal action has started, or a summons has been submitted.
Either way, credit providers cannot start legal action if the client has applied for debt review before they send the S129 letter.
Oyisa United Debt Specialists will do their best to construct a new repayment plan for the credit providers, however if this is not successful, the matter will be referred to the Magistrate’s Court for further examination and final decision making.
If we feel that your offer towards your Credit Providers is reasonable, then we will endeavour to convince the court that the Debt Review must be made an order of court, even if your Credit Providers do not agree. If your Credit Providers take action against you in these circumstances, then the monthly payments that should go towards those particular Credit Providers may in certain circumstances be used to defend such actions.
OUDS has to prove to the Magistrates Court that the budget worked out by the company for the client is reasonable. Even if certain credit providers reject the debt restructuring proposal, OUDS can get a court order granted by the Magistrates Court, which will formalise the debt rearrangement proposal.
Therefore meaning the clients debt will officially be restructured and the process so far will be successful.
At the end of the day the Credit Providers just want their money, so should your repayment plan be reasonable, it is very unlikely that the Credit Providers will not accept it.
- Debt Counselling has no limit to the amount of debt and can also include your houses and vehicles. Administration has a cap of R50 000.
- With Administration you are blacklisted while with Debt Counselling you will only be flagged at the credit bureaux and you will be cleared after a clearance certificate is issued by the Debt Counsellor upon completion of your repayments towards all your creditors.
- Administration fees are much more than Debt Counselling Fees.
- Debt Counselling is focused on consumers with assets and larger debts, where Administration is the answer for the consumer with smaller debts.
What we do is negotiate reduced monthly payments with your creditors in order for you to cope with your monthly debt commitments. You will only have to make ONE single payment each month directly to a Payment Distribution Agency, whom in turn will distribute your funds to your various creditors.
Administration is a debt solution implemented by an Administrator whereby the client’s current debt instalments are reduced and the credit providers receive a debt repayment once every three months. It is a legal process whereby the debt repayment terms are extended, but the downfall lies with the fact that the process is lengthy and takes much longer than debt counselling.
There is currently “talk” of the archaic legal practice of Administration (originated in 1944) being abolished as it is no longer a viable debt solution in our current economical climate.
- Interest rates are only reduced to 15.5%.
• The terms of the repayments are extended indefinitely (meaning you pay until the debt is eventually paid).
• Payments are only distributed every 3 months (interest adds up as well as the creditors various fees and costs).
• Is only applicable for debts that total less than R50 000.00
• The fees are 12.5% + VAT + distribution costs per month (its take a large portion of your monthly instalment).
• Clients payment often becomes a salary deduction (by way of an E.A.O.), so your employers will find out.
The Sequestration process entails selling an individual’s current assets in order to pay off or lessen their current debt. In addition to this, the court will appoint someone to manage the client’s money and thus, it is an expensive process.
- Clients are forced to sell all their personal assets e.g. home, car, furniture, valuables.
• The process will cost clients at least R20 000 in legal fees.
• Sequestration is not an option unless it is in the credit providers’ best interests, thus the client needs to offer at least 15% of what they owe.
• Rehabilitation is only possible after a period of five years, otherwise the maximum period of ten years applies.
Debt review is a debt management solution implemented in order to assist South African consumers with solving their debt problems. The process of debt review will ensure that the client’s debt repayment plan is extended and their current interest rates are reduced, as a professional Oyisa United Debt Specialists Debt Counsellor will negotiate with the client’s credit providers. The following information sums up the debt review process:
- OUDS will restructure your debt after assessing your financial situation.
- OUDS will negotiate your debt repayments with credit providers.
- Debt repayments are consolidated into one affordable monthly repayment, paid to an NCR regulated payment distribution agency.
- Debt repayment terms are extended.
- Once debt repayments have been made, credit bureaus will be notified and credit records will be adjusted.
- Banking fees are reduced and costs are cut, saving you money.
Debt review, administration and sequestration are all solutions targeted at solving the debt problems South African consumers currently face.
For more information contact Oyisa United Debt Specialists and chat to a Debt Specialist on 079 9800 822.
- Have you received a Section 129 letter from your Credit Provider, and if so, how long ago? If you receive a Section 129 letter from your Credit Provider, you will have 10 working days in which you can obtain the services of a Debt Counsellor, who will endeavour to save the asset.
- Have you been served with a summons in respect of your mortgage bond or vehicle finance?
- How many vehicles do you have and what are they used for? Quad bikes and Jet ski’s will for example be regarded as luxury vehicles and might have to be returned to the bank.
- Are you giving your full cooperation in the program?
The bottom-line remains that you will always be in a better position to keep your home and your vehicle when you are under Debt Review, rather than trying to fight off the banks yourself.
The National Credit Act implemented the inclusion of your home loan in the debt review process, to assist consumers with keeping their homes. The NCA requires that all debt agreements are included in the debt review. In addition to including your home loan under debt counselling, the following tips should be taken into account and will assist with making sure you are able to pay off your debt in no time.
Reducing interest rates on all current debt repayments, as well as other debt expenses, with the process of debt counselling is a beneficial solution until you have paid off all of your unsecured debts and therefore, it will allow you to go back to your normal home loan repayments.
When under debt counselling it is best to include your home loan as a defined debt repayment on your home loan with be included in the debt review. The debt repayment should either be equal to or approximately 80% of the contractual repayment. This would extend the repayment terms by 20%, making the month debt repayment an affordable amount.
Debt counsellors will assess your credit agreements and determine whether you have been a victim of reckless lending. In the event that credit has been recklessly lent to a consumer, a court can be approached in order to declare the debt as reckless and the repayment of that debt will be written off. This will ensure that the client is placed in a better financial position and increase the affordability of their debt.
Debt counsellors will efficiently review your living expenses and financial situation by drawing up an affordable monthly budget and making sure that you have made the maximum amount of your funds available for debt review. This will give credit providers peace of mind, as they will know that a debt counsellor is contributing the consumer’s maximum amount towards settling their debt.
For more information on Debt Counselling contact Oyisa United Debt Specialists and chat to the Debt Counsellor on 079 9800 822.With these about tips in mind, as well as by not excluding your home loan from your debt review, you will be debt free and stress free in no time.
When I’m finished
When a client signs up for debt counselling, Oyisa United Debt Specialists expert debt counsellors will ensure that all credit bureaus and credit providers are notified that the client is now under debt review. The credit bureaus will then proceed by flagging the clients profile on their system as ‘under debt review’.
This is done in order to ensure that the client is prevented from taking on more credit. The debt counselling process is implemented to rehabilitate client’s financial situation and taking on additional credit will be detrimental to gaining their financial well-being.
However, once the client has paid off their debt, Oyisa United Debt Specialists will send a Clearance Certificate to their creditors, as well as notify the National Credit Regulator (NCR) and the credit bureau via the NCR Debt Help system. Consequently, credit bureaus will be prompted to remove the ‘under debt review’ flag from the client’s profile, thus now allowing the client to take out/create credit once again.
Therefore, you clients have paid off all their debt under debt review; you are free to borrow credit again and will be allowed to purchase a house, car, etc.
It is however, essential to make sure that once you have completed debt counselling and managed to sort out your financial situation that you do not rush into taking on more debt. Some people find the process of coming out of debt counselling slightly daunting as they are nervous of getting back into debt, whereas other people rush straight back into the credit process.
Trying to get by on a daily basis without incurring any additional debt can be tricky, especially with the rising cost of living. It is important that you stick to a monthly budget and constantly review it, as well as focussing on saving and investing in order to grow your money.
Once OUDS has received confirmation that all the accounts are settled and your home loan account is up to date, a clearance certificate will be issued which will be sent to the credit providers and the credit bureaus so that the ‘debt review’ flag will be cleared from the client’s profile.
Clients are then responsible for maintaining their normal home loan repayments. It is important to communicate to an OUDS debt counsellor if you do not feel you have the ability to continue paying your bond on your own so that they can assist with budgeting tips to keep your financial situation in good standing.
- A once offrestructuring fee of 100% of your debt rehabilitation amount up to a maximum as per the NCR’s guidelines
- A once offApplication fee of R57 incl. VAT.
- ASundry Fee equivalent to your monthly debt rehabilitation amount for your legal application to the NCT or Magistrate Court.
- A monthlyAftercare Fee of 5% (ex VAT) of your monthly debt rehabilitation amount for every month that you are under debt counselling.
- A monthlyTransactional Payment Distribution Fee (PDA) as per the NCR.
The costs that you incur consists of debt counselling fees and legal fees. The debt counselling fees that we charge are regulated by the National Credit Regulator and should be the same regardless of which registered debt counselling company you use. The precise costs will depend on the type of debt that you have and the amount of your monthly repayment. Legal fees are also determined based on the type of debt that you have and the amount of your monthly repayment. Both the debt counselling fees & legal fees are incorporated into your debt restructuring plan which means that you will not need to pay any separate upfront fees in order for your application to be processed.
The fees will be explained to you in detail once you contact us.
The Legal side
In the very unlikely event that the magistrate does request your presence, it would merely be to establish certain facts. You will not be questioned by any attorneys or anything like that, as this would merely be a court application and not an action procedure.
Oyisa United Debt Specialists expert legal team is responsible for combining all debt review court applications from documents, which are completed and signed by clients, as well as their credit providers and the payments cascades that they have set up.
The legal team then sends court applications to corresponding attorneys in the area. All debt review cases must either go to the Magistrate’s Courts or the National Credit Tribunal, as per the National Credit Act and granted a court order.
The legal team asks the attorneys to place the matter on a roll for a specific date. Once this has been completed, the legal team will notify the clients and their credit providers about the court date for the debt review case to be reviewed.
The process with regards to granting a court order for a debt review case varies according to the jurisdiction of the court it has been sent to. Certain courts require the actual debt review client to be present at the court at the time of the court order, however in the vast majority of cases, the Magistrate’s Courts would rather allow the matter to be dealt with by our attorneys in the correct jurisdiction, rather than have to deal with it in court.
If the court’s jurisdiction does demand that the client is present and the client is absent, then they have the right to not grant the debt review court order. In this instance, very seldom can a client be excused by the magistrate.
Furthermore, under the Debt Counselling Rules System (DCRS), if the Credit Providers accept your repayment proposal, the interest rates and the terms on their system will be altered immediately, thereby making an appearance in court unnecessary.
The Legal side
Your Credit Bureau status will show that you have voluntarily chosen to go under Debt Review. This is not a Blacklisting merely a notification upon your Credit Bureau report. The flag is basically an indication to credit providers that you are under debt review.
However, you will not be able to obtain any further credit while under Debt Review. But once you have paid your debts you are issued with a Clearance Certificate and you will have a clean and clear record with all the credit bureaus and the NCR.
If you however do not apply for Debt Review, the situation is much worse. If you skip monthly instalments on any of your Credit Agreements, whether it is a Mortgage Bond or a mere clothing account, this will be listed as non payments.
For purposes of obtaining credit in the future when you are back on your feet again, it would therefore be an obvious choice to rather opt for Debt Review than to try and juggle your Credit Providers by paying them less than your original instalment or not paying all of them timeously.
With regards to Oyisa United Debt Specialists debt solution: debt review, all credit bureaus and credit providers will be notified that the client has applied for debt review with Oyisa United Debt Specialists in terms of the National Credit Act.
We never contact clients at work unless asked to do so or absolutely necessary, i.e. we require urgent info or notification.
If you, as the client, wish to divulge such information to anybody for whatever reason; it is purely your decision to do so not ours.
Debt counselling is a debt rehabilitation process, which enables South African consumers to take control of their financial situation and bring them back to financial well-being.
Clients will not be allowed or able to apply for more credit or use their credit cards, while under debt review. Oyisa United Debt Specialists asks client’s to destroy all their credit cards or return them to their credit providers, in order to prevent them from being tempted to take out additional credit and further deteriorate their financial situation.
Clients that fail to adhere to the requirements and take out further credit during the plan will face serious repercussions. Credit providers may terminate the client’s debt review and start legal proceedings.
Once you have completed the debt counselling process, a clearance certificate will be issued to you, which will state that you have been rehabilitated through the Debt Counselling process. This will be used to remove all listings from your credit bureaus that you are under Debt Counselling, as it will state that you have solved your debt problem. You will then be able to take out credit.
A Form 17.4 will be issued in addition to this, which is a debt counselling cancellation form. This will also remove you from all credit bureaus. If you wish to cancel your debt review, before you have paid up all of your debt, your outstanding debt will remain and you will resume to the original instalments.
A Clearance certificate needs to be issued meaning you have been rehabilitated through the Debt Counselling process; this will remove all listing from credit bureaus that you are under Debt Counselling.
If you are still under Debt Counselling you will not be able to access any form of finance as this will violate the contract you have with your current creditors. If you have received your clearance certificate or cancelled your Debt Counselling you will then be able to apply for finance through the usual process.
Debt counselling in South Africa, was developed and introduced in 2007 as a positive rehabilitation process to assist South African consumers struggling with debt, and is viewed in a positive light by most employers.
In most occupations, it is generally vital that you are able to show that you can manage your personal finances correctly, especially if your occupation entails advising others on money management and financial products. This can be attributed to the fact that most employers will feel that if you cannot manage your own money properly; you will not be able to give other individuals sufficient financial advice.
Debt counselling is a voluntary process and thus, by taking your own initiative to sign up for the process, you are taking a responsible step towards repaying your debts and showing your employer that you are making an effort to manage your finances properly.
When you do not meet your debt repayments and address your debt problem, you will accrue defaults and judgements against your name. Judgements and defaults will show that you are failing to address your debt problems and take responsibility for your actions. Employers are most likely to view this in a negative light and will be hesitant to hire you.
Oyisa United Debt Specialists deals with clients from a variety of industries. Most importantly however, Oyisa United Debt Specialists interactions with clients are strictly confidential and will not notify employers about the client’s debt review status.
If you are looking for a new employment opportunity and an employer conducts a credit check whereby they notice that you are under debt counselling, it should not have an impact on your chance to obtain the job. However, if necessary, Oyisa United Debt Specialists can provide clients with a letter stating that they are under debt counselling and inform the employer about the process.
The alternative would be much worse. If the employer picks up that you have defaults on your credit record and you did nothing about it, it would not send a good message at all.
If my circumstances change during Debt Review
It is very important to note that Debt Review does not provide payment holidays. Debt Review should never be abused in order to evade your obligations.
Your marriage contract will have a large impact on what is done with the debt review process once your divorce has been finalised. If you are married in community of property, you will be under a joint debt review. This is due to the fact that your estate is viewed together as one single joint estate according to the law. Both you and your husband are therefore responsible for outstanding amount of debt, until your debt is finalised.
If you get divorced while you are under debt review and you have the debt review court order in place, then this will need to be rescinded and for new debt counselling applications to be started, as in order to follow on with the debt counselling process you will need to reapply, but will now need to be seen as two single applications. A new budgets and new proposals will have to be drawn up.
A debt counsellor will be doing this by sending a change of circumstances form to all of your credit providers, explaining that you are going through a divorce and that the joint application will now be converted into two single applications, with the relevant debt put onto each person’s debt review profile.
This can take time and will cost you more money due to legal fees, as well as potential debt counselling fees, if changes in budgets and proposals are required.
If you do not have a court order but get divorced whilst on the program, then you will have to advise your debt counsellor who will need to send a change of circumstances out to the creditors advising them of the divorce, along with a copy of the divorce order.
Please note that home loans complicate the process, as if it is a joint bond, both you and your husband would have signed surety and the bank that has given you the home loan will not care whether or not you are divorced. You will both still be liable for meeting the debt repayments and either need to adhere to those repayments or make an alternative arrangement.
If you are under debt counselling with Oyisa United Debt Specialists, it is vital that you notify them about your divorce as soon as possible.
If clients are struggling to make their monthly repayment, it is best that they contact Oyisa United Debt Specialists client services immediately, in order for OUDS to advise the credit providers of the client’s situation and work out a more affordable debt repayment plan.