Good day, I am in need of legal advice. ...

Asked by Stephanie on 05-02-2023 18:48:21
Question posted in the National Credit Act Law category relating to Gauteng

Good day, 

I am in need of legal advice. My Dad was placed under debt review more than 5 years ago. He had received a call from telemarketers telling him about how they can help him reduce his monthly debt payments at the time he didn't know that they were actually talking about placing him under debt review and he never explicitly agreed to it, he only asked them to send him all the information in writing before he agrees to anything. He only found out when one day he went out shopping and tried to use his store account card and they told him it was blocked and that he could not use it again. When he asked why they told him that he was under debt review.

It's been more than 5 years now and this has affected his quality of life. He was told that he needs to get an ITC clearance but the people he enlisted help from were not helpful at all, they took money and never provided the service they said they would. When we try to contact them they don't answer their calls or emails.

Right now we are about to be homeless because our current landlord wants to sell his property and leave the country and we can't get anyone to give us a lease even though we have never once defaulted on any rent payments but because when they check his credit record they immediately reject the lease application or raise the rent that was initially advertised.

All this because of the debt review flag on his credit record. 

Kindly assist us with steps or instructions on how to remove the debt review flag and how to deal with the other issues that have risen because of this. 

If you would like to view the entire answer, you will need to either login or register a FREE account.


DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.