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The Debt Review South Africa Process -- How It Goes, What It Takes


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Thanks to the 2007 National Credit Act of South Africa, citizens of the nation troubled by their unpaid debts can gain a foothold to resume payments and eventually pay off their debts. The Act also regulates the credit industry and thus effecting a profound impact on its role players -- the banks, credit providers and micro lenders. It also educates and protects consumers against unreasonable or reckless loans while providing them with real solutions to pay off their debts in a way they can afford.

Suffice it to say, the act offers some kind of shelter for individuals who have no peace of mind due to their current difficult credit situations. Through this act, a consumer can apply for debt review and debt counselling to remedy his or her incapacity for paying the surmounting debts and make payments bearable through a rearrangement plan or debt consolidation.

The Debt Review Process

Below are the thoughts of the Debt Counsellor of South Africa about the debt review and its process:

Debt review is the most practical solution created to comply with section 86 of the National Credit act. A consumer can be declared over-indebted and, as a consequence, have his or her monthly debt repayments rearranged. In order to identify over-indebtedness, a debt counsellor reviews an applicant's budget and make payment proposals to the involved credit providers which they can accept or reject. If in case a credit provider rejects the said proposal, the debt counselor refers the matter to the Magistrates' Court for adjudication. The court then decides if the proposal should be accepted and set out in terms of the referral.

There are two aims or intentions of the existence of the NCA where consumer well-being is taken into account:

1. Provide the consumer with protection;

2. Provide the consumer with a second chance to stay part of the economy without having to go down the avenue of litigation, judgments and execution sales.

By undergoing the debt review process, you will still be able to meet your basic needs while paying off your debts. The Act upholds the right of every consumer in debt to still survive and have ample budget to provide for his or her personal needs and those of the family under the individual's care. Precisely the reason why a debt counselor reviews your income and expenditures along with the debt obligations due to you and make proposals to your creditor/s.

Bear in mind, however, that this proposal is subject to creditors' acceptance or rejection. In other words, just because you are in debt review doesn't mean relief is without negotiations. It cannot be stated enough that for the whole process to work, cooperation by both parties and constant communication are necessary.

Many consumers have waited too long already before seeking help from a registered debt counselor. Oftentimes, they seek a counselor when a legal action has been warned or they have become helplessly broke. Many failed to take the seriousness of the problem of unpaid debts at an early stage when a simple solution would have kept it at bay.

Do not wait too long to seek help. The earlier, the better. You are not the only one having this kind of problem so don't let doubts, embarrassment or fear block you.
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