debtfree digi june 2013
DESCRIPTION
The June issue of Debtfree Magazine, SA's Debt Counselling and Debt Review Industry Magazine. Debt Counselling has been around for 6 years this month. This issue we look at what has happened in the last 12 months in the industry. We also see what important industry role players have been up to.TRANSCRIPT
www.debtfreedigi.co.za
South Africa’s debt counselling magazine
June 2013
6YEARS
Debt Review Software by
Bitech is recognised as the leading Debt Counsellor software system supplier.
Simplicity is rich in functionality and caters for all Debt Counsellor requirements e�ortlessly.
Simplicity is leading edge technology and Bitech stay at the forefront of development - we continue to lead the way!
The Simplicity system is fully integrated with Hyphen PDA, which provides you, the Debt Counsellor, with an uninterrupted and e�cient service with no manual intervention and in total control.
Some features of the Simplicity system are completely unique unique, amongst others is the ability to create customised legal documentation instantaneously.
Bitech prides itself on its after sales service and the support it provides to Debt Counsellors - this is as important as the excellence of the Simplicity product!
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Hyphen Technology (Pty) Limited is a member of the FirstRand Group
Hyphen PDA is a division of Hyphen Technology (Pty) Limited, which is wholly-owned by the FirstRand Group - �nancial soundness is important when considering a PDA!
Hyphen PDA is at the top of its game and is unrivalled in the collections and payment space.
Hyphen PDA essentially operates with the use of banking systems (iSeries mainframe computers) and the PDA and Payments Engine are fully integrated - as a result you will seldom, if ever, query the status of your collections or payments.
The reports generated are everything a Debt Counsellor will need to manage the business - reporting is immediate, current and always available.
27(0)16 987 5004/27(0)16 987 5006/27(0)16 987 2369
Contact Bitech
www.bitechsystems.hypermart.net
27(0)11 303 0060 extension 2
Contact Hyphen
www.hyphen.co.za
Debt Review Software by
Bitech is recognised as the leading Debt Counsellor software system supplier.
Simplicity is rich in functionality and caters for all Debt Counsellor requirements e�ortlessly.
Simplicity is leading edge technology and Bitech stay at the forefront of development - we continue to lead the way!
The Simplicity system is fully integrated with Hyphen PDA, which provides you, the Debt Counsellor, with an uninterrupted and e�cient service with no manual intervention and in total control.
Some features of the Simplicity system are completely unique unique, amongst others is the ability to create customised legal documentation instantaneously.
Bitech prides itself on its after sales service and the support it provides to Debt Counsellors - this is as important as the excellence of the Simplicity product!
p d a
Hyphen Technology (Pty) Limited is a member of the FirstRand Group
Hyphen PDA is a division of Hyphen Technology (Pty) Limited, which is wholly-owned by the FirstRand Group - �nancial soundness is important when considering a PDA!
Hyphen PDA is at the top of its game and is unrivalled in the collections and payment space.
Hyphen PDA essentially operates with the use of banking systems (iSeries mainframe computers) and the PDA and Payments Engine are fully integrated - as a result you will seldom, if ever, query the status of your collections or payments.
The reports generated are everything a Debt Counsellor will need to manage the business - reporting is immediate, current and always available.
27(0)16 987 5004/27(0)16 987 5006/27(0)16 987 2369
Contact Bitech
www.bitechsystems.hypermart.net
27(0)11 303 0060 extension 2
Contact Hyphen
www.hyphen.co.za
Simplici ty
Debt Counselling is a legal process where consumers who are experiencing financial pressure can talk to an industry expert for assistance. The Debt Counsellor does not provide them with yet another loan which will make further problems for a consumer but rather helps them consider their monthly household costs. Together they see how they can reduce the consumers monthly costs and thus free up as much money for debt repayments as is realistic. The Debt Counsellor then makes repayment suggestions to all the consumer’s creditors. The Debt Counsellor will compile the creditors responses and turn the proposal into a draft court order. The matter is then sent to a magistrates court. The creditors, Debt Counsellor and the consumer appear in court and the Magistrate turns the proposal into a Court Order. Each month the consumer makes payments to the creditors via a Payment Distribution Agent who track the consumers progress. The Payment Distribution Agent will
send the consumer a statement which they can compare to their statements from their creditors. Once a year the Debt Counsellor and consumer meet to see if more or less money is available to settle the debt. If the consumer misses any payments at all the process comes to an end and the consumers original contracts with the creditor come back into force. This means that these creditors will once again start to call and pester the consumer. They will probably send the consumer summonses and take other legal action. It is thus very important that consumers under debt review never ever miss a payment. Many debt reviews last a few years and then once the debts are paid up the Debt Counsellor will be able to confirm the debts are paid and issue a Clearance Certificate. This will allow the consumer to access credit again. This is beneficial both for the consumer, who may want credit and to credit providers who are reliant on consumers borrowing money.
DEBT COUNSELLING EXPLAINED
Administrators of the Debt Counselling Application Process
www.adcap.co.za
C O N T E N T S
07 Editors notes Our Editor Zak King Speak his mind about Burger King
09 News All the latests events making headlines
12 Another year of Debt Review
18 Proposed Credit Amnesty
19 Credit Amnesty confusion 22 DC Announcement board
23 DCASA Western Cape Workshop
26 Service Directory
ANOTHER YEAR OF DEBT REVIEW
CLICK TO READ
The proposed Credit Amnesty which has many Debt Counsellors concerned that they won’t be able to access accurate information about consumers debt could come into effect this year still. Some say as early as October 2013. The debate on the proposed amnesty has been raging for nine months now and the matter still has to be put to Cabinet by the Minister of Trade and Industry if it is to go ahead.
THREE OPTIONS FOR THE CREDIT AMNESTY ARE BEING EXPLORED
1) Remove some info on smaller debts and remove history of judgement once they are paid off.
2) Remove all adverse information once consumers have paid the debts, as well as all paid-up judgments. (The ANC’s preferred option)
3) Remove all adverse info about bad debts and judgement no matter the value (Not the
most popular option)None of these options suggest writing off the debts. Consumers will still have to pay there debts but it could mean that the history of bad payments and judgement could be removed and allow consumers to borrow more money.
INDUSTRY CONCERNSCreditors need to loan money so that they can engage in money creation exercises as recently explained in Debtfree and as brought to the public’s attentions by the DCU, BDCF and NewERA. At the same time they are also worried they might be exposed to more risk sine they will have less information available to judge how reliable a payer the consumer is. The amnesty could be a mixed bag of benefits and risks to creditors.
Debt Counsellors are concerned that this will limit their ability to really see all a consumers debt. It is not uncommon for those who apply for debt review to forget, not know or even hide some debts from the person who is trying to help them.
PROPOSED CREDIT AMNESTY
CLICK TO READ
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Call us 086 126 6562
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Sam HaasbroekPortfolio Manager, Western, Eastern Cape & Northern Cape
Mobile 082 550 7294 Email [email protected]
One is an authorised financial services provider – FSP 8783
Marijke Wessels Portfolio Manager, Gauteng, KZN & Free State
Mobile 082 729 3833 Email [email protected]
EDITOR’S NOTEThis months sees Debt Review turn 6 years old. If that was a kid it would be at school already doing multiplication, working on computers, knowing how to find and download all the games they want on your Smartphone or iPad. It has been a hectic year for the industry and those under debt review. There have been some BIG developments and we take a moment this issue to briefly consider some of them. Take for instance the proposed changes to the National Credit Act. The DTI have been holding public meetings ( one in each province) in regard to the proposed amendments, as well as, a series of high level interactions with industry role players to try ensure that the changes made are for the best and that they don’t miss anything. Amendments to Acts don’t roll around everyday and everyone is hoping that the proposed draft amendments might be in effect from as early as next year February. Will the changes solve all our issues? Probably not but hopefully it can speed up the process, allow for some clarity and make life easier for those trying to pay off their debts responsibly. With the worldwide economy being in such shambles it is hoped that the debt review process locally might help rehabilitate millions of South Africans and help build a sustainable future credit market. However some people are asking where does the money come from in the first place? The recent coverage of the
securitisation and money creation issues (which NewERA have been pointing out for a long time now) in mainstream media, such as SABC 3’s Special Assignment in June has really had some impact and now it seems the public and politicians eyes have finally turned to these issues. This can only mean more clarity on this subject. Don’t expect to get your house for free or anything but we could see better disclosure and some people being compensated for loses. Check our News section for more on that.
With the Rand taking a big dive against other currencies recently we can only once again look forward to higher than expected increased costs. Winter is always a tough time for consumers under pressure as transport and heating costs go up. It means that we are all having to get even more savvy about our running costs. You are tracking those and doing a monthly budget, right? Hey! Don’t be lazy! You have to work hard if you want to be debt free.
INDUSTRY CONSUMER
NEWS FLASHFor daily debt counselling news in 3 minutes or less visit www.debtfreedigi.co.za
NCR CRACKS DOWN ON CREDIT PROVIDERSIn recent months the National Credit Regulator has been engaging in a campaign to crack down on illegal actions by smaller credit providers. As such they have visited various provinces and have in conjunction with law enforcement raided several credit providers offices to see if illegal activity was taking place.A NCR raid in June of naughty credit providers called: Operation Siyanda, has led to the arrest of 13 credit providers, and the recovery of around 130 ID books. The operation took place in Upington, Keimos, Kakamas and Groblershoop and involved the investigation of 32 different credit providers.Nomsa Motshegare, CEO of the NCR said in regard to the operation that the exploitation of vulnerable and unsuspecting consumers (such as the elderly or those with limited education) by credit providers will not be tolerated.
Also recovered in the NCR raid were around 5500 pension cards which the 13 credit providers, who were arrested, had taken away from the elderly.A further 1700+ bank cards were recovered. The Credit Providers had taken these as collateral and where using them to draw payments at the end of each month.The NCR warn that they will not condone any contraventions by credit providers. Recently the NCR have also referred Capitec and African
Bank to the National Credit Tribunal in regard to contraventions of the NCA and have asked for sizable fines.The NCR takes complaints in regard to the credit industry and can assist consumers with problems they are having. Recently they have encouraged all role players to use them exclusively as a point of contact for complaints rather than other industry bodies such as the NDMA or DCASA etc. They can be visited at: http://www.ncr.org.za/index.php
Want to read the draft NCA Amendments as proposed by the DTI? You can do so here: http://debtfreedigi.co.za/draft-nca-amendment-bill/
DCASA WESTERN CAPE COMMITTEE NAMESAt the recent DCASA Western Cape regional meeting, the local members elected a new regional committee.
The new committee members are: Annora Mostert - Regional Chairperson, Jackie Howes - Vice Chairperson, Lee-Ann Samson - Secretary, Margo Francis - Vice Secretary, Eugene Cilliers and Marius Coetzee - Public Relations Officers mainly responsible for external communication, Jackie Coetzee and Renee
NEWS CONT.
Tait - Internal communication with members and potential members. We wish them all the best with their duties.
DCASA (The Debt Counsellors Association of South Africa) is the oldest Debt Counsellors association in South Africa. To find out more visit www.dcasa.co.za
LAZY OR LYING DEBT COUNSELLORS DEREGISTEREDThe National Credit Tribunal (NCT) has at the request of the National Credit Regulator (NCR) deregistered two former Debt Counsellors Liezl de Klerk and Charmaine Moonasamy.
Who they are and what they did or didn’t do So what gets a Debt Counsellor deregistered? Well it is normally what they are not doing. If the NCR gets a lot of complaints about a Debt Counsellor they will send staff to visit their office and investigate the complaint in person.
Liezl de Klerk (Practiced in the Pretoria area)The Debt Counsellor failed to comply with the provisions of the NCA, its regulations, as well as her conditions of registration as a Debt Counsellor, said Obed Tongoane, NCR chief
operations officer. In particular taking funds from clients directly, was in contravention of her conditions of registration. She also had bad record keeping and did not refer matters to court. This leaves consumers exposed.
Charmaine Moonasamy (Practised in Lenasia South in Johannesburg but moved to Chatsworth, Durban) Lied to the NCR when applying to be a Debt Counsellor. In particular it seems she was under an administration order herself when applying to become a Debt Counsellor. This disqualifies her. Since she lied and did not qualify, her registration was invalid. Also she took money directly from clients.It could even be the case that one or both former Debt Counsellors have to pay some funds back to the effected consumers. This will be decided in the near future.Clients of these two former Debt Counsellors will now be handed over to another counsellor or counsellors. The NCR is traditionally very secretive about who will take over these cases.
Warning Signs! If your Debt Counsellor has not sent your debt review matter to court yet or is taking money directly from you there may be a problem. Talk to the NCR about such matters. www.ncr.org.za
All professionals have professional indemnity if the unforeseen happens. Do you as a professional Debt Counselor have professional indemnity as stipulated by the ethical code?contact us today for more information0861 112 882
TELEPHONE 0861 112 882 FACSIMILE 086 605 9751 MOBILE 082 449 6856 EMAIL [email protected]
www.in2insurance.co.za
ANOTHER YEAR OF DEBT REVIEW
FEATURE ARTICLE 1
23
5
CONTINUED! SEE WHAT THE INDUSTRY PLAYERS HAVE BEEN UP TO IN THE LAST 12 MONTHS
Debt Review and the NCA have turned another year older this month. Time flies when you are buried under a pile of papers! The last 12 months have been very busy with lots of important developments and some pretty major changes. Debtfree takes a moment to look back at the last few months to see what has been happening.
THE HOT TOPICS FOR THE PAST 12 MONTHS HAVE BEEN:
The Voluntary Debt Mediation Solution (VDMS) which was a type of debt counselling without using the National Credit Act.
The disputed Codes of Conduct for Debt Review which the majority of Debt Counsellors were unhappy with.
Twin Peaks which is the government’s plan to split regulation of the credit industry (at the moment between the Reserve Bank and the Financial Services Board) which will put the National Credit regulator in a weird position.
Garnishee orders also came under scrutiny after this issue was highlighted at Marikana where many workers had so many garnishee orders they took home next to no money at the end of each month. Investigations into the Kempton Park Magistrate Court and the granting of garnishee orders for consumers who live elsewhere in the country or where signatures may have been forged, are being conducted. This issue has been brought before Parliament who now want creditors to do away with this system. The Banking Association of South Africa came out and agreed to do so. However shortly afterwards individual banks
back tracked and said they will do so until something better comes along and more research is done. One suggestion that has been made is that a Magistrate consider any application for a garnishee (such is already done in the CT Magistrates Court where nearly no garnishees are ordered these days).
Section 103(5) of the National Credit Act which basically says that if a consumer defaults (misses a payment or short pays) then the creditor can only ever collect twice what the consumer owes as of that day. There has been some debate over what being in default really means. This is a big issue since some credit providers often recover much more then twice that amount. Large creditors have also tried to insist that credit life insurance costs are not included in working out the amount the consumer has paid towards that double up (in duplum) figure. The DTI have recently looked into the exhorbitantly high cost of this type of insurance.
Last but not least, was the topic of Securitisation (and money creation). Large creditors (mainly banks) sell consumer’s debts to other entities but still collect funds for the same debts and even sue for them. The debate is whether this is legal or if they must tell you if/when they sell your debt... and if the other company must now sue you if you don’t pay.
LETS LOOK AT THE INDUSTRY PLAYERS AND SEE WHAT THEY HAVE BEEN UP TO IN THE LAST 12 MONTHSPDA The Payment Distribution Agents have been going strong. They gained more recognition in that the NCR have been making it mandatory for a Debt Counsellor to use a PDA. Once again the debate over whether this means a consumer has to/can be forced to use one continues. The issue of some PDAs making late payments, and thus causing consumers to receive late payment charges from certain creditors, has also been discussed alot. Some parties are trying to figure out if the PDAs can be held legally responsible and if they must cover these costs. Many of the programs used by the PDAs have received upgrades and new features to make DC’s lives even easier.
NCR The National Credit Regulator really came out swinging during the last 12 months. After receiving a lot of complaints from the industry they eventually put a stop to the VDMS project, changed their minds in regard to the Codes of Conduct mentioning certain parties and took back responsibilities that the codes had shifted to the Credit Ombud. They have also finally revealed that although previously denied, they were in fact investigating several of the larger banks such as Capitec and African Bank.
DTI The Department of Trade & Industry have
been busy compiling proposals for a change to the NCA. This has, of course, been going on for several years now. However a recent move by one Member of Parliament sparked the public’s interest and seems to have forced the issue. The DTI have now taken a lot of the research they have done over the past few years and published a draft amendment Bill. They have asked the public and industry to make comments on their draft Bill. It is expected that several other key areas of the NCA will now also receive proposed drafting changes.
NDMA The National Debt Mediation Association (which is a creditor body and offers debt counselling like services) has been very busy recently. They were the driving force behind the VDMS pilot project which was shot down. The project hoped to find a way to do debt counselling without having to go to court or without having to check for some aspects of the NCA like Section 103(5). The project was to make use of the DCRS system which does not have these rules built in. It was hoped by some supporters that this would speed up the process of getting agreements in place. Others were very concerned that it offered no legal standing to consumers and avoided some key issues (like sect 103(5)). When the plug was pulled by the Regulator, some unfortunate things occurred. The public questioning of NCR’s decision regarding VDMS in the press invariably lead to some bad blood. The NDMA’s refusal to cooperate with the NCR may have been a factor in the removal of mention of the body from the industry codes of conduct for debt review.
Please note that the withdrawal of recognition by the NCR (in terms of the code of conduct
CONTINUED! SEE WHAT THE COURTS, NCT AND BANKS
HAVE BEEN UP TO!
for debt counselling) of parties like DCASA, the NDMA and Credit Ombud just means they will not (as organisations) be specifically mentioned, the NCR still believe that they exist.
TheDCI The Debt Counselling Industry, a web portal for information and services relating to debt counselling have been very active in the last 12 months. As a meeting point of DCs from various associations (as well as those not associated to any group) they have been able to poll opinions on various industry concerns. Deborah Solomon (founder of theDCI) was very busy in regard to encouraging the NCR to take a explicit stance and make a call on issues such as VDMS and the Industry Codes.
DC ASSOCIATIONSDCSA The Debt Counsellors Association of South Africa (the biggest and oldest association) has been through some interesting times recently. Membership of the association seem to have weathered the storm of backlash after the NCR decision regarding both VDMS and the Industry Codes of conduct. DCASA have also, due to changes in the Codes now closed down their complaints department and are now referring matters to the NCR. DCASA hosted several meetings countrywide throughout the year and are now looking forward to their annual Gauteng conference as well as another large conference in Cape Town. DCASA have also decided to take on another permanent staff member.
AllProDC Membership has slowly been growing and AllProDC hosted a very successful conference/workshop in Cape Town this year.
They look forward to similar workshops in other areas of the country such as one coming shortly in Guateng. The association were very outspoken in their opposition to the VDMS project.
DCU The Debt Counsellors Union is a new DC Association which has grown out of NewERA. They have similar objectives in wanting to gain clarity on the issue of securitisation. They ask: How can a DC arrange payments and negotiations with a creditor if they are unsure if, for example, a bank owns the debt or if they have sold it off to a special purpose vehicle? This is important especially when consumers get summonses. Who has the right to sue the consumer?
BDCF The Black Debt Counsellors Forum made a big splash this year in the industry. Though called the ‘Black’ Debt Counsellors Forum, they are open to members of all races, but are focused on Black Economic Development within the Debt Counselling Industry where statistically few practicing DCs are “of colour”. They are also tackling the big issues such as the NCR’s role in the proposed Twin Peaks regulatory process.
If you would like to know more about these associations and what they are doing, then head over to our Debt Counsellors Association Announcement Board where they post information monthly.
THE COURTS It seems that newer debt review matters are moving more swiftly through Magistrates courts country wide. Even courts where in the past matters were simply delayed indefinately, have started to grant orders. Each court is still different in what it wants but most attorneys and DCs now know what to expect and how to submit documents to each court. This means that consumers are getting speedier relief. The rulings in regard to Section 129 matters being excluded from debt review and Section 86(10) terminations having to be made in good faith have given the industry benchmarks to work off. It seems that Magistrates and Judges are using these precedents to make decisions faster. Changes in the NCA could invalidate these precedents but for the moment at least there is some clarity.
THE NCTSome DCs have been able to refer certain types of debt review applications to the National Credit Tribunal for an order restructuring consumers debts. Where the DCs have made use of Credit Providers programs like DCRS, they have been in many cases able to get consent to their proposals and these have moved swiftly and at little cost to consumers through the NCT.
CREDIT PROVIDERSThroughout the last 12 months, the NCR have been swooping down on unscrupulous credit providers who are taking consumers bank card, pension card, ID books and performing other illegal acts. This has lead to several arrests in different areas. Capitec and African Bank have not been exempt and have had a tough time
from the NCR who referred them to the NCT for very large fines. Regardless of the outcome of those hearings this lead to serious drops in their stock prices. Also recent projections in regard to projected poor payment of unsecured credit by consumers has meant further drops in ratings and share prices for the Big Banks.
The securitisation and money creation process have recently been highlighted in mainstream media and the public are calling for answers. The recent removal of recognition (in terms of the industry codes of conduct) of the NDMA has also been something of a disappointment for creditors.
Most of the larger banks have still been engaged in trying to cancel their participation in debt reviews of consumers. The vehicle and home loan product houses have stuck to their aggressive stance in trying to get these assets out of debt review and sold on auction so that the banks can do interesting things in regard to insurance and book keeping on these accounts. Even where Court orders have been granted, some larger creditors have been trying to get these over turned. This speaks to ongoing confusion within these organisations on how to support debt review (which is their cheapest collection method) and at the same time how to reach targets for collections and the legal departments. There have been some serious backlogs in regard to providing documentation to DCs and consumers under debt review. A recent trend has also been the addition of late fees to consumers accounts. Credit providers have also been insistant on squeezing every last penny out of consumers under debt review and refusing to write even a small portion of the debts off, if there is a
conflict between the PDAs projected balances (as per the court order) and theirs. This is a very common occurrance.
One Credit Provider recently begged the DTI not to get swept up in the recent wave of consumer favouring. With the world wide recession and more and more consumers being unable to afford additional credit, this is placing increased strain on these organisations.
THAT’S THE LAST 12 MONTHS IN A NUTSHELL!
NEXTPROPOSED CREDIT AMNESTY
NEXTAMNESTY
CONFUSION
The proposed Credit Amnesty, which has many Debt Counsellors concerned that they won’t be able to access accurate information about consumers debt, could still come into effect this year. Some say as early as October 2013. The debate on the proposed amnesty has been raging for nine months now and the matter still has to be put to Cabinet by the Minister of Trade and Industry if it is to go ahead.
THREE OPTIONS FOR THE CREDIT AMNESTY ARE BEING EXPLORED
1) Remove some info on smaller debts and remove history of judgement once they are paid off.
2) Remove all adverse information once consumers have paid the debts, as well as all paid-up judgments. (The ruling party’s preferred option)
3) Remove all adverse info about bad debts and judgements no matter the value (not the most popular option).
None of these options suggest writing off the debts. Consumers will still have to pay their debts but it could mean that the history of bad payments and judgement could be removed and allow consumers to borrow more money.
INDUSTRY CONCERNSCreditors need to loan money so that they can engage in money creation exercises as recently explained in Debtfree and as brought to the public’s attentions by the DCU, BDCF and NewERA. At the same time they are also worried they might be exposed to more risk since they will have less information available to judge how reliable a payer the consumer is. The amnesty could be a mixed bag of benefits and risks to creditors.
Debt Counsellors are concerned that this will limit their ability to really see all a consumers debt. It is not uncommon for those who apply for debt review to forget, not know or even hide some debts from the person who is trying to help them.
PROPOSED CREDIT AMNESTY
The proposed credit bureau amnesty has confused many consumers. The truth is they don’t understand what will happen and how it will effect them. Note what one Debt Counsellor (and Debtfree Reader) told us about what he has seen:“I went to this company yesterday to tell employees how debt review can help them get out of debts. They couldn’t wait to apply and were fighting to get forms before one another. I had only 8 application forms with me and promise to bring more the following day. To my disappointment when I returned the enthusiasm they had yesterday seemed to have faded away. They told me they see “no point” applying for debt review because they heard on tv news (on SABC1) that the government is going to “grant them amnesty” and they will no longer be “obliged to pay their debts”.
To their understanding this credit amnesty means their debts will be written off or ‘cancelled’.Knowing the proposed amnesty very well and had been following every step of it since October last year I tried to speak facts to these employees about the amnesty and managed to explain it to quite a few who need help. This means a new task for not only Debt Counsellors and creditors but all role-players (especially the media) to explain with clarifying to the general public (especially to over-indebted consumers who need to apply in terms of Section 86(1) of the National Credit Act) that this amnesty is about removal of names and certain account info from credit bureau records and not a cancellation of debts.”
This story is unfortunately not unique.
It seems that no matter how many times people are told they will still have to pay their debts the word ‘amnesty‘ creates the thought that they won’t. This will no doubt result in a series of delinquencies and defaults in payments should the amnesty go ahead. It seems that there will have to be a huge amount of money spent to ensure that consumers are made aware of the realities.
CREDIT AMNESTY CONFUSION
DC Partner has representatives country wide who visit our Debt Counsellor clients every month. If you are in the Western Cape or KZN areas here is your local contact person:
Joe van [email protected]
Call me 24/7 for assistance. We are here to make your business successful.
Debt review and distribution software.Proud Software provider to DC Partner, Payment Distribution Agency.
https://debtwisesolutions.co.za
Debt Wise Solutions
Debt Wise New FeatureNow you can generate documents for the National Credit Tribunal (NCT) right from the DebtWise program. Just choose this option from the menu!
Regional Meetings: 17th July 2013 Gauteng Meeting - venue to be confirmed 26th July 2013Western Cape Meeting - Parow Golf Club Remember to book your seats for the annual DCASA conference to be held on.21 Aug 2013 http://www.dcasa.co.za/forum/index.php
DEBT COUNSELLORS ASSOCIATIONS ANNOUNCEMENT BOARD
www.dcasa.co.za
DCUSABC’s Special Assignement recenntly exposed securitisation. You can watch the program HERE
A Young Couple from Cape Town have brought a miracle jugdment to light in which High Court Moosa dismissed an FNB matter where the account had been securi-tised.
You can read the judgment HERE or HERE
www.newera.org.za
You are invited to the BDCF membership meeting
Date: 25th June 2013Time: 09h30 for 10h00Venue: Council Chamber, 4th Floor, Alber-ton Civic Centre, Alwyn Taljaard Street, Alberton
RSVP: Thulile Mthembu [email protected]
www.bdcf.co.za
AllProDC will be meeting on 20th June in CT to compile a response to the DTI draft am-mendments
AllProDC will be holding a Workshop for Debt Counsellors in the Guateng region in July. The Workshop is themed: How to start and maintain a sucessful DC business
Contact [email protected] for more info.
www.allprodc.org
During May, the Debt Counsellors Association of South Africa met in the Western Cape for their regional meeting. The meeting, which was attended by around 30 Debt Counsellors also coincided with a new round of elections for the DCASA regional committee.
The meeting began just before 10 at the Parow Golf Club and they got down to business straight away. After a brief word from NEC member and outgoing Regional Chairwoman Annora Mostert, voting was swiftly concluded. Although a committee of 7 was originally
sought, after nominations and selections, a committee of 8 members were chosen to much applause.Individual tasks of committee members will be allocated at a later stage by the committee members themselves.
With this ‘necessary’ business attended to, the meeting moved into a look at the recent decision by the National Credit Regulator to remove mention of DCASA from the codes. Members were reassured that the NCR had, in a recent meeting with DCASA, reiterated that they were not removing their acknowledgement of DCASA as an association. The NCR indicated their willingness to continue working with DCASA.
A discussion in regard to the cancellation of the DCASA complaints process followed, and it was highlighted that this will prove to be a large saving on time and resources for the association. Complaints for both members and non members had been dealt with by DCASA during the past few months. All complaints can
DCSA WESTERN CAPE WORKSHOP
now be referred to the Regulator.Also discussed at the meeting was:
• The NCR want to (after 4 years) turn the task team’s suggestions into NCR “guidelines”. Obviously every case is unique, but guidelines might be helpful.
• The NCR will soon issue a nonbinding opinion on Sect 103(5), this might help courts deal with the complicated maths of multiplying the default amount by 2.• The NCR have told DCASA that a draft bill on NCA changes is with parliament and will be made public soon for comment.• The NCR want to issue affordability guidelines for creditors to use (a continued discussion on this matter will take place on the forum online). DCs have once again been asked for their input.
Next Joe van Zyl of DC Partner Payment Distribution Agency (who helped sponsor the event) discussed their services. Included in which is a personal visit to users of their services every month to discuss any issues or review new program features.
• NCT documentation has also been added to the Debt Wise program.
• It was also highlighted that the DebtWise system can email credit providers directly (eg 17.1) and the Debt Counsellor will get a return read receipt to their normal mail.
Perhaps the most anticipated item of the day’s schedule was the appearance of Western Cape Chief Magistrate Lehmann who made a presentation and took questions from the floor. She acknowledged that things were chaos in the past, but was happy to say that things are much more streamlined now. She mentioned that with unsecured credit growing so much in recent months, this is bound to cause problems and Debt Counsellors should expect to see more people applying for debt review in the near future. She then went on to urge Debt Counsellors to investigate reckless lending matters even though they are difficult, long winded and will face heavy opposition at court.
Next, there was a discussion regarding garnishee order abuse. Of interest were jurisdiction issues when getting garnishee (EOAs)In the past these were just signed off by the clerks of court. However in view of all the recent exposure of illegally obtained garnishees it seems that there may have been some collusion between unscrupulous creditors, their agents and the clerks of the court in some areas.Magistrate Lehmann decided to take a stand a while back and started to look over all applications for a garnishee order. She asked for the obligatory assessments and found few were forthcoming and thus they were not granted. As a result less and less were submitted to her particular court. Magistrate Lehmann has even gone so far as to suggest changes to MCA to make all such matters referred to magistrates. From what we hear it looks like it could happen.She highlighted the importance of McLaren v Bardenhorst – re jurisdiction and urged Debt Counsellors to become familiar with the case.In Cape Town court (and some other courts too) Section 65 will be used by magistrates to set aside bad garnishee orders (as long as the consumer works in the area).
Debt Counsellors where surprised and horrified to hear that a rescission of judgment is not provided for by MCA. Often creditors call for such but she says this is simply not possible (however some courts are doing so).
After lunch and a good chat members sat down to a presentation regarding social grants by the SASSA. Mr Andre Brink of SASSA made the audio visual presentation.
Many attendees stated that they had little knowledge of the various types of grants available and the qualifications or requirements. Information packs regarding these were handed to the audience who were greatly benefited by Mr. Brink’s presentation.
This brought the day to a close. The new committee briefly met before heading home. All in attendance were rather happy that they had attended and left better equipped for their debt counselling duties.
DEBT COUNSELLING
AA Debt Counselling CentreAnthea JohannesNCRDC531Tel: +27 (0) 21 982 0522Cell: +27 (0) 84 402 7032
Alan Watts NCRDC 962NCR registered Debt Counsellor Tel: 084 4448439 Fax: 086 6501954alan@active-debt-counselling.co.zawww.active-debt-counselling.co.za
Central SA Debt Counsellors082 950 7806Fax: 086 563 1621
Consumer AssistJohann VermeulenTel: 0861 628 628
Credit Matters021 431 [email protected]
CS Debt CounsellingBernidene Smith NCRDC 764057 352 4115/352 5000Welkom - Free state
Darran [email protected]
Debtbusters0861 663 328 (NO DEBT)
Debt BudgetTel: 021 824 8885
Debt ResolveKaren Coetzee NCRDC 891Zulfa February - Branch ManagerTel: 021 572 1315Fax: 0866519011Email: [email protected]
Debt Solve Debt CounsellorsOffice: 033 397 0945
DEBTINCNCRDC’s 1071, 1188, 1189.Tel: (022) 713-2021Fax: (022) 713-2028Share Call: 0861 20 21 20E-mail: [email protected]: www.debtinclusive.co.zaSMS: HELP to 35075
DebtSafe0861 100 999
Debt SeriousWe are serious about debtVida Scheepers NCRDC1792Po box 394, Garsfontein, Pretoria 0042Fax no: 086 553 [email protected]
Debt RehabColleen Van Wyk(BCom, LLB)Debt Counsellor NCRDC2619Tel: 083 290 0848 Tel: 011 740 7374Fax: 086 716 9694Website: http://debtrehab.co.za
Debt eezyYour Debt Solution made EasyAshley Carstens NCRDC858 Tel: 021 839 2809 Fax: 083 512 4160 / 086 665 9125 Email: [email protected]: www.thedci.co.za
Debt RescueNeil RoetsNCR DC 474Cell: 083 644 7406Tel: 0861 800 009Fax: 086 523 0617E-mail: [email protected]
Debt Management & Counseling Services“The greatest glory in livinglies not in never falling,but in rising every time we fall.” - Nelson MandelaDerry Burge NCRDC108140 Irene Avenue, La Concorde,Somerset West, 7130 Tel: 021 855 5997 Cell: 074 177 5375 Fax: 021 855 1195 or 0865413200E-mail: [email protected]
SERVICE DIRECTORY
Durban Debt Counselling ServicesSuite 112, 1st floor Union Club Building353 Sm ith StreetDurban, 4001Tel: 031 301-7893Fax: 031 [email protected]
Debt Counselling South AfricaCape Town BranchTel: 021 919 66 94Rod De WittNCRDC831Visit: www.debtcounsellingsa.co.za
Fair Finance SolutionsYour debt is our priorityAmanda FairRegistered Debt Counsellor NCR946553 Jacqueline DriveGarsfontein PretoriaTel: 0861 26 26 32Fax: 082 921 7093Cell: 086 564 3674amanda@fairdebtcounselling.co.zawww.fairdebtcounselling.co.za
Fincorp debt Counsellors ccCecilia Zwarts [email protected]
Holistic Debt [email protected]
Helpdesk Debt CounsellorsAllan HoffmanTel: 0861 000 754
Help-U-Debt (Vaal Triangle) WanineTel: 082 445 3967
Help-U-Debt (Potchefstroom)Madra083 390 3275
Help-U-Debt (Parys)Marilouise082 920 6249
Help-U-Debt (Vanderbijlpark)Herma083 320 8303
Incentive Debt Counselling“Paving the way to a Debt Free Tommorrow”Darran Manikam NCRDC704Tel: (031) 409 9379Fax: (031) 409 1327Cell: 0845898286Branches: Phoenix and Shallcross
Indigo debt counsellors CCTel: 087 808 9734 Fax: 086 580 8675 [email protected]
MG Consulting Strand - Helderberg AreaTelkom : 021 853 4537 Mobile Phone: 082 450 7459Fax Number: 0866 220 690E-Mail: [email protected]
The best angle to approach debt is the Triangle
Caledon - Western CapeContact Person: Yolande8 Hoop Street, 7230 [email protected]: 028 212 2537
Ceres - Western CapeLeyll str 61, 683 [email protected]: 023 312 1292Fax: 023 312 2119
Worcester - Western Cape71 Porter Street 6850 Longitude: 19.44305Latitude: [email protected]: 0233420576Fax: 086656801
Bloemfontein - Free State94 Zastron, 9301 BloemfonteinContact Person: [email protected]: +27 51 448 2828Fax: +27 51 447 9481
Viljoenskroon - Free State35 Denyssen Street, 7230Contact Person: Johann [email protected]: +27 56 343 0352Fax: +27 56 343 035
Welkom – Free State329 Stateway, 9460 WelkomContact Person: Susan RouxEmail: [email protected]: +27 57 352 6117Fax: +27 57-352 2355
SERVICE DIRECTORY
SERVICE DIRECTORYBORDER REGION:
DRS BEACON BAYJohan PretoriusCell: 082 324 4038Office: 043 748 1139
DRS BUFFALO CITYHerman MariasCell: 082 378 3743Office: 043 7210652
DRS KING WILLIAMS TOWNHerman MaraisCell: 082 378 3743Email: [email protected]
DRS CRADOCKOffice: 043 721 0652
DRS QUEENSTOWNHerman Marais Cell: 082 378 3743 Email: [email protected]
DRS MTHATHAHerman Marais Cell: 082 378 3743 Email: [email protected]
EASTERN CAPE:
DRS ALBANYOffice: 041 373 9693Email: [email protected]
DRS ALGOAMarius WeyersCell: 083 497 3219Email: [email protected]
DRS BOND CHOICEAndrea AtkinsonOffice: 041 393 7000Email: [email protected]
DRS CENTRAL EXPRESSDerryn FishOffice: 041 373 9693586 2020Email: [email protected]
DRS DESPATCHIsabe LandmanCell: 072 337 3328Office: 041 933 1189Email: [email protected] HUMANSDORPMorne SteynCell: 083 298 8182Office: 042 291 0135Email: [email protected]
DRS NKONKOBE (Fort Beaufort)Bernadine von der DeckenCell: 083 2859289Office: 046 645 1898Email: [email protected]
DRS KIRKWOODKeith Le RouxCell: 073 207 1675Office: 041 451 0474Email: [email protected]
DRS PORT ELIZABETHDerryn FishCell: 084 515 6135Office: 041 453 8961Email: [email protected]
DRS SIDWELL EXPRESSKeith Le RouxCell: 073 207 1675Office: 041 451 0474Email: [email protected]
DRS SOMMERSET EASTLuther De BruynCell: 082 568 2970Office: 042 243 1107Email: [email protected]
DRS UTENHAGELynn LindoorCell: 083 7174 183Email: [email protected]
FREESTATE:
DRS GOLDFIELDS (Welkom)Irvin Billy (Derryn Fish)Cell: 072 114 4427Office: 081 319 0083Email: [email protected]
DRS MANGAUNGAmanda JohnsonOffice: 041 373 9693Email: [email protected]
DRS FOREISTATA EXPRESS (Bloemfontein)Derryn FishOffice: 041 373 9693Email: [email protected]
SERVICE DIRECTORYDRS SOUTH FREESTATENelmarie De langeCell: 079 236 3615Office: 053 591 0734Email: [email protected]
GARDEN ROUTE:
DRS DE AARVeronique Louw (Derryn Fish)Cell: 076 382 2020Office: 053 631 1189Email: [email protected]
DRS GEORGEFrancois Van ZylCell: 079 522 1930Office: 044 874 2820Email: [email protected]
DRS EDEN (Hartenbos)Bruno MertschTel: 042 291 1083/4Email: [email protected]
GAUTENG:
DRS CENTURION EXPRESSAmanda JohnonOffice: 041 373 9693Email: [email protected]
DRS LYNNWOODJunique JuliusOffice: 012 807 4339Email: [email protected]
DRS PRETORIA EXPRESSBen VermeulenCell: 082 442 8654Office: 012 331 2145Email: [email protected]
DRS PRETORIA NOORDOffice: 041 373 9693Email: [email protected]
DRS ROODEPOORT EXPRESSDerryn FishOffice: 041 373 9693Email: [email protected]
DRS RUSTENBURG Amanda JohnsonOffice: 041 373 9693Email: [email protected]
KWA ZULU NATAL:
DRS GREYVILLEVyas JuggernathCell: 083 206 0300Office: 031 309 8716Email: [email protected]
DRS KOKSTAD Melanie LouwrensCell: 083 269 0424Office: 039 727 1430Email: [email protected]
DRS MORNINGSIDE DURBANErica Mtshali (Amanda Johnson)Cell: 076 578 8660 Office: 031 301 5990email [email protected]
DRS PHOENIXVyas JuggernathCell: 083 206 0300Office: 031 309 8716Email: [email protected]
DRS PIETERMARITZBURGSanele ZuluCell: 083 543 3487Office: 033 394 8319Email: [email protected]
WESTERN CAPE:
DRS BELLVILLEPatricia BekkerOffice: 021 948 8523 / 4Email: [email protected]
DRS DIAMONDClive PalmerOffice: 021 421 8563Email: [email protected]
DRS TYGERBERGCraig LakeyCell: 082 627 0957Office: 021 945 4062Email: [email protected]
DRS WEST COASTMarius CoetzeeCell: 082 978 4407Office: 022 713 3766Email [email protected]
DRS SALDANHAMarius CoetzeeOffice: 022 713 3766Email: [email protected]
DRS SOLUTIONSChristelle de VilliersCell: 084 586 5600Email: [email protected]
SERVICE DIRECTORYMzansi Debt CounsellingOctavia HlatshwayoTel: 011 868 1185Fax: 0861 00 22 [email protected] www.mzansidc.co.za
NDA Debt CounsellorsYour Trusted Debt CounsellorsGary Williams (NCRDC 143)Tel: 034 315 3880 Fax: 086 612 [email protected] www.ndad.co.za
Penny Wise Debt CounsellingCathy Foster Debt Counsellor - NCRDC1977Tel: (011) 794 9912Fax: 086 719 3378Mobile: 083 298 4467Email: [email protected]
PM ConsultantsHonesty is always the best policyPaul SmookNCRDC2244Tel: [email protected]
SFA Debt Relief Consultants Adri de BruynNCRDC99811 Market Street / Markstraat 11, Paarl, 7646Tel: 021 872 1968Fax: 021 872 [email protected] Green Debt CounsellingSandi [email protected] : 012 991 6638Cell : 082 460 7800Fax : 086 219 2615
U-Win Debt CounsellorsCoreli Roos - NCR DC 509Aliwal North, Burgersdorp, Bethulie, GariepDam, Smithfield, SpringfonteinCell:079 626 [email protected]
Zuné Coetzer Debt CounsellorsNCRDC 159924 van der Stel Street, Dan PienaarBloemfonteinTel: 051-4364515Fax: 086 5870 845Email: [email protected]
SUPPORT SERVICES
Information resources & serviceswww.thedci.co.za
Staff Line Ndizani Executive RecruitmentCell no: 083 3028163Direct Line: (011) 468 - 2150E- Mail: [email protected]
DesigntimesSouth Africa’s creative resourcewww.designtimes.co.za
TRAINING
Compuscan Academy 0861 51 41 31www.compuscanacademy.co.za
Dawn Jackson Training You & Your MoneyNCR accredited 10 day debt counsellor training coursesëTraining and mentoring DCs since 2007Do you want to be a registered debt counsellor in this Industry or, do you need to educate/upskill or empower staff with a DC registration number in your existing debt counselling business?Courses devised to suit all needs, with flexible timeframes to accommodate work demands. Inhouse / on site training for company staff.Contact Dawn JacksonCell: 072 [email protected]
FINANCIAL
ABSA Customer Debt Repair Line0861 005 901
SERVICE DIRECTORYCredit Ombudsman0861 662837
Experian011 799-3400 [email protected]
Eric StresoFinancial PlannerB Juris LL B CFP MBATel: 0833273358Fax: 086 612 7912Fair Debt0829019788 or [email protected]
PACFIN Financial Solutions Head OfficeTel: +27 11 9757445Fax: 086536878336 Van Riebeeck roadKempton Park [email protected] Carlo BuildingNo 8 VoortrekkerstreetKempton Park 1619
Kempton ParkContact: Reyno CoetzeeTel: +27 11 3945363Fax: 0866048002Cell: +27 73 [email protected] / GermistonContact: Armand PosthumusTel: +27 11 8921911Fax: 0865620378
NelspruitContact: Ann BakerTel: +27 13 7415559Fax: 0880 1374 15559Cell: +27 82 [email protected]: Wynand MclachlanTel: +27 11 8113728Fax: +27 11 8113728Cell: +27 83 2754014/[email protected]
Gooseberry Business AdvisoryTel: 012 644 0589
NedbankDebt Rehabilitation & Recoveries Services0860 109 279
STD BankDebt review HelplineTelephone: 0861 111 402
TransUnion0861 482 482
ThinkmoneyFinancial comparison websiteContact: Gareth MountainTel: 079 0996 798www.thinkmoney.co.za
WIZARD Vereeniging Making Mortgage MagicWanine SmitTel:+27 16 454 1132Fax:+27 86 686 3678 Cell:+27 82 445 3967 www.wizard.za.com
LEGAL
Karen van Staden Tel: 012 998 9117 / 012 993 2132Fax: 086 721 6467 / 086 662 1153Email: [email protected]@hauptearle.co.zawww.hauptearle.co.za
LUCID AttorneysTel: 011 880 1100Fax: 011 880 1101Email: [email protected]/attorney
O’Connell & AssociatesAttorneys at LawKeegan O’[email protected] 021 462 1663Fax 0866 504 550303 Millborough, 70A Upper Mill Street, Vreedehoek, Cape Town,8000
Prinsloo & AssociatesAttorneys and conveyancersNanika Prinsloo Farm Bergamot, Paarl 7620P O Box 6199, Paarl 762014 Laing Street, Barrydale 6750Cell: 072-8558-106Fax: [email protected]
Is it time to expand your Debt Counselling practice?
Do you need specialist Attorneys with a national footprint?
Do you need expert advice on how to protect your practice and your clients?
Are you informed about recent statutory and legal developments within the industry?
Attorneys servicing individual needs
Pretoria: +27(0)12 998 9117 www.hauptearle.co.za Nelspruit: +27 (0)13 752 7084
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RM Brown and Associates 601 Pier House, 13 -17 Heerengracht, Cape TownTel: 021 431 9127, f: 021 425 0875 Email: [email protected]
Scheepers AttorneysGerhard [email protected]
Steyn Coetzee Attorneys / ProkureursAdri de Bruyn11 Market Street / Markstraat 11, Paarl, 7646Tel: 021 872 1968Fax: 021 872 [email protected]
Agiliti CCColleen Van Wyk(BCom, LLB)Tel: 083 290 0848Tel: 011 740 7374Fax: 086 716 9694Website: http://agiliti.co.za
CREDIT BUREAUS
Compuscan 0861 514 131www.compuscan.co.za
Computer Profile Bureau0861 28 7328www.c-p-b.co.za
Experianwww.experian.co.zaBusiness- 0861 63 60 70 Consumer- 0861 10 5665
Micro Lenders Credit Bureau 0861 28 7328 www.mlcb.co.za
TransUnion 0861 886 466www.transunion.co.za
XDS 0860 937 000 www.xds.co.za
DIRECTORY