I applied for debt review. Then the repr...

Asked by Zanele on 21-09-2023 14:02:06
Question posted in the National Credit Act Law category relating to Gauteng

I applied for debt review. Then the representative called me but she didn't explain a lot of stuff regarding the fact that I wouldn't be able to apply for apartments or jobs in the financial sector. Even their brochure does not state this. I was pregnant when all this happened so I was not in the right state of mind. Fast forward to June 2022, I get an email that negotiations have been done. I made my first payment in June. Then I stopped making payments as I was not happy with the fact that I was getting calls from my creditors. I also never got a copy of the consent order nor a notification when it was filed with the NCT. Even though I signed power of attorney-this document clearly stated that they would apply for the consent order. Do I not have a right to receive notification of order filing? Also the payments on the document (end of negotiations document) are different from the payments on the consent order. I feel like this is misleading on my part. All my creditors have terminated my accounts from debt review and my debt counselor has suspended his services. Also the consent order does not include one of the creditors as a respondent even though there is an arrangement included in the order. It includes Vodacom as a respondent but the last time I checked cellphone accounts are excluded. I would have never applied for debt review if I knew how much problems it would cause. Recently I had to forfeit a job opportunity cause of this issue. I have been making arrangements with my creditors directly. 

In a nutshell- there is a consent order, and all arrangements per the order have been terminated and one of the creditors (UBank) was bought by African Bank and the payment arrangement was with UBank.

Message from the Lawyer

Posted by Att. Patrick on 21-09-2023 14:21:03

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

Please keep in mind that our discussions is for general information purposes only. Our engagement on this website does not create an attorney-client relationship. 

WHY did you stop making payments in accordance with the debt review proceedings? This is really bad. You should not have done that, because it gives your creditors the right to cancel the process...

The company SHOULD provide you with a copy of the order and the documents they are using as supporting documents, but we find that in most instances companies do not.  Them not giving you the information does not render the process invalid. 

It sounds to me as if you should never have gone into debt review, and it was probably a bad idea for you because you seem to be able to negotiate and deal with your creditors directly. 

What do you want to try do as a result of all of this?

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