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www.debtfreedigi.co.za Debtfree South Africa’s debt counselling magazine May 2012 IN THIS ISSUE Debt Vader Page 24

Debtfree DIGI May 2012

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Debtfree DIGI, South Africa's Debt Counselling Industry magazine. All about Debt Review and voluntary debt mediation with a guest appearance from Debt Vader. News and reviews.

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www.debtfreedigi.co.za

DebtfreeSouth Africa’s debt counselling magazine

May 2012

IN THIS ISSUEDebt Vader

Page 24

Debt review and distribution software.Proud Software provider to DC Partner, Payment Distribution Agency.

https://debtwisesolutions.co.za

Debt Wise Solutions

It’s very sad when you have to get out of bed in the pitch black and immediately put on slippers and a jersey inside your own home. Oh well, farewell summer. Bring on the B.B.C (bed, book and chocolate). If electricity prices continue to increase, we might have to read our books in front of a fire... which we will also use to cook our food and light our homes. Maybe I should complain about the Rand’s plummet or the raise in petrol costs... arrgh, why bother? Guess we will just have to tighten the belt one more notch.This month has heard a lot of hype about the banks saying they are looking to help consumers through voluntary debt mediation

EDITOR

CONTENTSEditors notes

News

Speak to my Lawyer

The DCM Group

Wikus Olivier DCASA’s new CEO

Who is One Debt?

Debt Vader

Court Review

Consumer Petition

Directory

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and reducing rates etc. [see our news section for more info] The Creditor representative body (the NDMA) are even starting a pilot project over the next few months to see if it will work. All the while, the big 4 banks continue to try get paying consumers bond accounts out of debt review to auction them off. Seems like the Bank’s one hand doesn’t know what the other is doing. Pity they can’t make a genuine effort to get behind the already established debt review process. Many DCs will tell you that the voluntary process is a dream of theirs. Too bad, the various Credit Providers stopped it from working years ago when the NCA first came out. The debt review process (like anything dealing with money) can be stressful. Fortunately Debt Counsellors are there to help. Other people who play an important role in the process are the Attorneys who represent consumers at court. However, not all court matters run smoothly and what happens when these professionals drop the ball? We look at this important subject [in our main article after the news section] as well as review some courts [near the directory section] to see how debt review matters are handled there.We are also happy to introduce you to Debt Vader, one of our new contributors, reveals how obstinate collections folk can be in the face of overwhelming logic. So ignore the hassles and hype. Just focus on getting your debt paid this month. Stay in contact with your DC and keep taking that next step towards a Debtfree future.

DTI Publish new NCA Regulations 10 May 2012 saw the Department of Trade and Industry (DTI) publish new regulations for Debt Counselling. The regulations set out the process as it is currently practiced with very little in the way of changes. That is not to say there are no changes. Two stand out and effect the way Credit Providers participate in Debt Review. 1) If a creditor consents to a change in the consumers obligations during negotiations, they must now provide a confirmatory affidavit which must be supplied to the court. Many DCs are worried about this since a large amount of creditors already drag their heels in agreeing and communicating with DCs about concessions for consumers. This may also affect matters which are already in court but have been delayed. DCs are concerned that they will now have to get confirmatory affidavits to accompany the letters already supplied by creditors saying they are happy to accept changes to the consumers obligations.When asked, none of the Banks were able to offer a comment on when they will have these systems in place.The second big change also affects Creditors who now need to comply with the changes to the consumers debt within 10 days of receiving the debt restructuring Court Order. Most Creditors have been unwilling or unable to make changes to consumers accounts due to out-of-date computer systems or human error.

Many consumers who are under debt review do not even receive monthly statements from their creditors. These statements would clearly show the progress of the creditor’s participation in the debt review. This failure is in contravention of the NCA and they can complain to the NDMA and/or the Credit Ombud. This change to the Regulations will increase pressure on Creditors to adjust their systems or face negative consequences.Read the new regulations here: http://debtfreedigi.co.za/dti-publish-new-nca-regulations-for-debt-review/

Rates: Bad NewsThis week will see the Reserve Bank make their regular announcement regarding possible Repo rate changes. It is expected that there will be no change this time around, however industry chatter indicates that there is a possible 50 point interest rate hike (0.5%) in the pipe-line for the end of the year. Contributing factors are the CPI being at the high end of the targeted 3% - 6%, increasing fuel prices, possible but still disputed e-tolling, as well as the continued economic slow-down. The Rand has also taken a nose dive in recent weeks losing over 1 Rand value against the U.S.Dollar. All these factors place pressure on the Reserve Bank to push up rates.

NEWS FLASHINDUSTRY CONSUMER

For daily debt counselling news visit www.debtfreedigi.co.za

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Important Case: Std Bank v Kallides (W Cape)Debt Counsellor Michelle Bernice Alexander and attorney Johan Scheepers, are now to be investigated by NCR and the Cape Law Society at the behest of Hon. Judge A.G. Binns-Ward of the Western Cape High Court. The decision was reached during a summary judgment application by Standard Bank, who were going after a consumer’s car (Kallides). The consumer had formally entered debt review with Debt Counsellor Michelle Alexander but had eventually switched to another DC due to dissatisfaction with customer service and long delays in resolving the debt review application at court. Standard bank were not happy with the payments they had received while the consumer was with the former DC and decided to take legal action to try repossess the consumers car.The Judge made reference to the now famous SCA Collett Judgment and discussed the difference between NCA section 86(11) and Section 85 both of which could be used to re-include a debt into debt review under different circumstances. The application for summary judgment was turned down by the court. Hon. Judge A.G. Binns-Ward then reinstated the debt review in terms of NCA Section 86(11).

www.ncrdebthelp.co.za - latestThe National Credit Regulator asked Debt Counsellors to use www.ncrdethelp.co.za to obtain NCR reference numbers and to update the NCR as well as the various Credit Bureaus of consumers debt review status. The NCR have announced that come September 2012, they will no longer make use of the system.The NDMA and DCASA have already started correspondence about the NDMA providing a

replacement system. They are to meet during May to discuss the first phase of the proposed system. DCASA CEO Wikus Olivier, has said they (DCASA) will endeavor to ensure that the interests of their members are looked after. Many DC’s are concerned about a credit provider body taking over this function and wonder why this is happening. The NCR have not been able to comment as yet however there is indication that the NCR and DRAC asked the NDMA to do so. To quote Paul Slot: the “NDMA was requested by the NCR to take over NCR Debt Help. This was also discussed and agreed at DRAC”No official tender for this process was posted on the NCR’s website, however this may have been done informally. The NCR have basically washed their hands clean of the www.ncrdebthelp.co.za website, so it could be that the NDMA are just being nice guys and stepping in to help.Even though there is a continued debate about the subject, the NDMA are pushing forward and have appointed the software side of the project to Business Doctors who are the creators of the DCRS system. The NDMA have been approached for more information about the project and have not commented as yet. For more information on this project visit: http://debtfreedigi.co.za/voluntary-debt-mediation/

PDAs to amend their charges again?Debt Counsellors do not take money from consumers or handle payment of consumers’ debts. Rather, when consumers repay their debt in many cases, via a Payment Distribution Agency (PDA) which is registered with the National Credit Regulator. Though not

NEWS CONT.

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(New, Existing or those clients that do not qualify).

Who can we help?Clients that own property.

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Cost to Client?Professional advice, quotation and presentation at no cost.

For more information contact:Carin Papenfus / +2772 616 1099 / [email protected] [email protected] / Website www.saindebt.co.za

mentioned in the National Credit Act, use of these payment companies has been advocated by the NCR to help ensure that consumers are not taken for a ride by unscrupulous people claiming to be Debt Counsellors. The Fee structure that consumers pay to use this service has changed in the past. The current arrangement has met with criticism and the various PDA’s are looking to amend their rates once more.The Payment Distribution Agent Association of South Africa (PDASA) has now officially proposed a new fee structure. A proposal was previously made to the Debt Review Advisory Committee (DRAC) but it was declined due to the fact that not enough stakeholders had been consulted prior to the proposal.PDASA has since appointed an actuary to investigate the new proposed fee model. Over the next month, PDASA will also consult with various industry stakeholders to get their views on the new fee structure. The NCR has also referred the fee structure to the Competition Commission to get their view.The proposed fee structure could see the fees go back to the older model, where fees were calculated per each account the consumer has, and not a percentage of how much they have to service their debt as it currently is. The Current proposal is something like: R4 plus 4.5% of each distribution with a cap of R34.20 per distribution.

Nedbank send out strange, possibly misleading, sms’Some consumers are now reporting that they are getting strange sms’ from “Nedbank” which say: Dear Nedbank client, note that your Debt Counsellor has withdrawn your

Debt Review Application, you must get a new DC within 20 business days. Pls call 0860 109 279 Ref: xxxxxxxxxxxxx. When asked, the Debt Counsellors are reporting that they have not withdrawn the consumers debt review application or cancelled their participation in the debt review. If you receive one of these sms’ contact your Debt Counsellor and possibly complain via the NDMA.

Another one bites the dustJacqueline Kibogo, of Johannesburg, this month joined the short and not so prestigious list of deregistered Debt Counsellors. She now keeps company with: Susanna van Dyk (Vanderbijlpark) - deregistered in Jan 2012; Zimkitha Zilo (CT) - deregistered in May 2011; Barry Kotze (Centurion)- deregistered in Nov 2010; Jugdeesh Sahibdeen (Joburg) - deregistered Oct 2010; Petrus Ferreira (PE) - deregistered in April 2010; and Zolile Njokweni (CT)- deregistered in November 2009. Added to this list, of course, is Christoph Bornman who fought hard to maintain his registration and is currently planning on taking his de registration to the Constitutional Court.If you visit www.ncr.co.za you will also be able to find over 100 Debt Counsellors who have left the industry voluntarily. (The NCR’s website has had a face lift and has a much Improved searching function - still with some limitations but much better than before). Most of the DC’s who have left the industry willingly, state as their reason for leaving that they either got employment in another field or found the industry to be unprofitable. One such former DC is Gary Du Preez NCRDC05 who was the 5th person to qualify as a Debt Counsellor in South Africa. The most recent DC to officially quit is

NEWS CONT.

NCRDC1897 (number 1897 out of around 2000 DC’s) Of course, even though there are over 2000 registered DC’s and only 100 are showing as having stopped practicing, the number of practicing DC’s seems to be closer to around 500 or less. Many DC’s are still looking after their clients but not taking on new work. Some of the DC’s who have quit state they have done so due to non-cooperation by stakeholders.

Credit Ombud During 2011 the Credit Ombud dealt with 414 matters relating to Debt Counselling. In these Debt Review matters the complaints were only brought to the Ombud after having been through either the Debt Counsellors Association of South Africa’s complaints resolution Department or the NDMA’s (a credit provider representative body). While in 34% the Ombud found no one at fault, some fingers can be pointed: In 8% of matters it was found that the Creditor was actually at fault, not the Debt Counsellor. In a further 19 % of matters the consumer was found to be at fault and not the Debt Counsellor. In 33% of these matters or about 130 matters it was found that the Debt Counsellor had done something wrong or had not lived up to their contract with the consumer and had to set matters straight. Not bad considering that over 70 000 people entered debt review in 2011. One of the biggest concerns reported on was poor communication between Debt Counsellor and consumer.

VDMS project gets a mention at World Economic Forum- What is it?When Debt review first started, many envisioned a cooperative process where creditors turned to Debt Counsellors to help them evaluate consumers realistically, and then would willingly make arrangements to restructure consumers’ debt. However, the Debt review process, sadly, become antagonistic (mainly because of resistance from Credit Providers). Now the NDMA (a Credit Provider representative body) are piloting a voluntary debt review-like process called Voluntary Debt Mediation (VDMS). The project was even mentioned by Cas Coovadia, the managing director of the Banking Association of SA (BASA) in the recent World Economic Forum held in Addis Ababa, Ethiopia. He stated that BASA will look to settle troubled consumers debt over 5 years and will reduce rates to repo or lower in an effort to set things right. These same concessions are available currently through Debt review. Since banks and creditors are forbidden by the NCA from offering the services of a Debt Counsellor the project will enlist the help of qualified DC’s to help calculate how consumers can be helped. The initial proposal by the NDMA is that DC’s use the DCRS calculation software to work out what the bank is prepared to do for consumers. The pilot project will enlist the 3 DC’s who most make use of the DCRS system at present (+- 34 DC’s currently use this system as an option when working out debt repayment proposals to the court) and will see BASA members identifying who they would like to see going into the program. The pilot project should take between 6 months and a year to test. It is hoped that during this time that the various creditors will be able to set up departments

NEWS CONT.

So Debt Counsellors want specialised ATTORNEYSwho can sort out all their DEBT COUNSELLING needs...

RM Brown& associates

www.rmbrown.co.za

or staff to handle these VDMS matters. The various banks have faced incredible problems internally with the current debt review process. The various product houses within the banks often refuse to cooperate with their own debt review departments and the legal and collection departments often ignore the debt review process and press forward with legal action regardless. Stopping this from happening will, no doubt, be a major concern in this voluntary process as well. Since the process will be voluntary consumers won’t even have legal recourse when such things happen unlike with Debt review.It is presumed that, this time round, the creditors will not fight the voluntary process since, in theory they will only accept consumers into the program who they know can pay them what they are prepared to take.

DCASA forum reaches 249 members Recently the Debt Counselling Association of South Africa also launched an online forum for consumers, creditors and Debt Counsellors to discuss the industry. The number of forum members has steadily been growing. Regional visits to DCASA debt counsellors by the DCASA CEO have also encourage use of the website. The forum membership numbers are now at an all time high surpassing even the number of paid DCASA members. This membership increase pushes DCASA’s forum into position as the second largest industry forum behind theDCI. If you wish to join the forum head over to www.dcasa.co.za for more details. The forum is “open to the public” however content cannot be viewed until you sign up and are approved.

Standard Bank continue to harass Debt review consumerStandard Bank, like so many other banks, has repeatedly said they support the debt review process. However despite these claims their actions seem to indicate that this is not the case. Standard Bank have sent one Eastern Cape Consumer fifteen 86(10) terminations letters in the last 24 months for the same account. The most recent of these 15 letters was sent to the consumer this month. The consumer continues to get these letters despite the fact that she has made regular payments via debt review into the account in question each and every month. She has repeatedly complained and had the account reinstated under the debt review department 14 times so far.

theDCI media blitzIf you have recently heard anything about debt review in the media then you probably noticed a quote or article from theDCI. They have been on a massive debt counselling promotional campaign. The Debt Counselling Industry is a webportal which, among other things, helps educate consumers, encourages communication from creditors and hosts a online forum for debt counsellors. theDCI have been on the radio, in the papers and online. They continue to promote debt review as a viable solution to consumer’s debt woes. theDCI is not affiliated to any particular creditor body or debt counselling association and thus has no hint of bias. There is no charge to join theDCI for consumers or DCs and other industry members. Visit their site at www.thedci.co.za

Michael Tellinger serves papers on Std Bank, SARS and the Minister of Finance.Michael Tellinger is taking the entire South African financial system to the Constitutional Court in a bid to expose the various shadowy

NEWS CONT.

processes that lie behind the veil. In April he served a huge 1,000 page legal documents on various parties including Standard Bank, who he says are hiding how they “create money” and how they acted as a middle man when they financed his bond without telling him. Recently the New Economic Rights Alliance joined the matter as a friend of the court. For more information head over to www.thebigcase.co.za

FAIS unqualified?The Financial Services Board (FSB) have asked over 44 000 financial advisers to write exams to check that they know what they are talking about. They are concerned that about 40% of the FAIS advisers out there might actually be unqualified to offer advice. Thousands of supposedly FAIS accredited advisers will have to write basic FAIS exams again this year (before the end of June) to see if they do actually qualify to assist consumers make critical financial choices. Those who fail will have another chance to try pass again before September this year. It is scary to think that in the interim these advisers might still be handing out advice to consumers only to fail the exam

again later. There is concern in the industry that some FAIS advisers advise consumers without doing due diligence in investigating products or are driving consumers toward products that simply pay them higher commissions. It is hoped that this round of examinations will weed the unqualified advisers from the industry.

It seems that everyone is updating their corporate branding and websites, (even the NCR have updated their site to a smoother look and better functionality) so we thought...why not join the crowd. Check out our new website design (www.debtfreedigi.co.za) and be sure to follow the latest industry news on our twitter account.

For regular news visit www.debtfreedigi.co.za or follow us on twitter

http://twitter.com/Debtfree_DIGI

Speak to my Lawyer When a consumer turns to a Debt Counsellor (DC) for help, they might think that the DC is the only person involved in the process. This could not be further from the truth. Obviously the DC plays a big role but they find themselves standing in the center of several interested parties trying to assist all of them.

First there is the consumer themselves. Without the consumer there would be no debt. Next there are the various Credit Providers who are eager to recover their funds. Then there is the Payment Distribution Agency who handle the money side of things. Of vital importance is the Magistrate who actually restructures the consumers debt to the creditor via a PDA at the recommendation of the DC... ummm so who have we left out? Aaaah yes, the attorneys.

When the law makers were setting out the debt review process, they probably envisioned all parties working together in harmony and peace with flowers in their hair, spinning around in fields of daisies... Sadly this never came about. Many of the banks tried to see if there were loopholes through which they could essentially stop getting money via debt review so that they could rather collect through attorneys and have to pay a commission on. Who knows why? They probably asked a panel of their attorneys whether it was a good idea to cooperate with the process. Either way, the process soon became a litigious one. The National Credit Regulator eventually went to court to establish that debt review matters must go to court.

If you have ever been to court, you will know that it’s not all Ally Mc Beal and LA Law. It’s actually quite boring, most of the time, with a lot of stressful waiting and then a whole lot of confusing jargon. As a result, many DCs and consumers decided to consult attorneys for help with this side of their debt review application.

Immediately this pushed the price of the envisaged cheap debt review process up by a bit, but since the credit providers were in many cases actively trying to take consumers houses and cars (even though they were trying to pay via debt review) granted court orders where desperately needed.

As a result, when a consumer goes to a DC, they will in many cases be asked to pay legal fees. The amount can vary from DC to DC. Some charge as little as R750 if all parties are happy with the proposed debt review and others charge whatever the consumers total monthly repayment amount is. This legal fee is normally taken from the consumers second repayment (the DC’s fee is paid from the first repayment). This is the industry norm.

There are some DC’s who goes to court themselves, and do not make any use of an Attorney. Interestingly, even though these DC’s don’t know much about other Acts, their knowledge and passion for the NCA have seen a higher percentage of their matters resolved.

INDUSTRY CONSUMER

As in any service industry, there have been some problems with using attorneys. One is when attorneys just don’t show up at court. How can this happen you ask? Well, it seems the busier the company the more danger there is of this happening. Who suffers in this situation? Sadly it is the consumer who can have their matter removed from the court roll. Some DC’s who are the applicants in the court matter have received costs awarded against them because of the attorney not showing up.

Consumers and DCs should therefore make a concerted effort to keep track of the date of their court matters. They should check in with their attorney at the beginning of the week to make sure. Some courts are quieter than others and you could get a new court date the following week. In others, like Kuilsriver in Cape Town, you could face a wait of half a year or even a whole year before your matter gets heard again.

When assets are involved, consumers can even face losing them if the creditor is unwilling to cooperate with the debt review. A good example of this was when MFC went after Jo-leen Herbert’s car at High Court after her attorney had missed the debt review court date in the Magistrates court. MFC took and sold the consumers car despite her having made debt review payments. (Case: Western Cape High Court: The Motor Finance Corporation v Jo-leen Herbert) Worst of all, they billed her for the legal action at High Court and left her without transport.

The moral of the story is: make sure you stay up to date with your court matter.

When things go wrong

Recently Brett Carnegie, a well known Attorney who specialised in debt review matters for thousands of consumers, contacted the DC’s who were helping consumers he was representing, to inform them that he would no longer be able to continue handling their matters. This was a great disappointment to many DC’s who had worked with his company for a number of years and to consumers who had paid their legal fees upfront.

When explaining why, he mentioned several factors. He said that in many cases he had under charged and that due to the debt review process being new, many courts were dragging matters out with postponement after postponement. In other cases, he said that the creditors were unnecessarily delaying matters. Since the SCA Collett ruling, bad faith applications against consumers assets at High Court level had sky rocketed and creditors were delaying Magistrates court matters in order to gain time to get to their High Court dates. When this was combined with administrative problems (he fired several members of staff) it meant that he could no longer afford to pay salaries and cover costs with the money taken from consumers up front. In some extreme cases he had accepted up front payments of only R300 for matters and in many cases between R1500 and R2500. He had reached capacity, and could not take on new cases nor resolve old matters fast enough.

He now faces an angry mob of unhappy consumers and DC’s. The fact is that, right or wrong, he is not going to appear at court for the consumers. This could result in cost orders

against the DC’s and consumers applications possibly being thrown out entirely. Now the DC’s have been left in the uncomfortable position of telling the consumers that their matters have not been resolved, and more money will have to be diverted to new legal fees for another attorney. While this is a necessary evil, which the big creditors such as the banks are aware of (and are in many cases willing to make allowances for) it means that the consumers debt is bound to take an extra month or two to solve, and legal work will in many cases have to start from scratch.

With so many incorrect 86(10) letters being issued by creditors, the delay could prove costly. Several effected consumers are already desperately fighting to retain their assets in the face of creditor aggression.

This situation and other similar cases shows the importance of finding the right firm who offer a service, at the right rate. While a consumer’s DC can point them in the direction of a preferred service provider they cannot insist on one (in line with the CPA). If a consumer wishes to use a particular firm they can get a quote and sign a contract but should include the DC in the process. Normally the DC’s suggestion will be the best option, but even well meaning Debt Counsellors can be caught out when the attorneys do not hold up their important end of the process.

As the Debt Counselling industry itself has gone thorough changes so to have those companies who offer debt review related services. With many companies coming and going over the years, consumers are looking for stable, long lasting brands that can meet their needs.

In 2012 the DCM Group and its subsidiary brands have gone through a metamorphosis, the outcome of which is a fresh new look and feel. New branding accompanies this new perspective.

While in the past DCM has offered services under a variety of brands it seems that DCM’s acquisition of several different brands resulted in an organisation that was presenting a myriad images and messages to the various target markets which it services. As a result, some consumers where not aware of the range of services which DCM could offer or were confused about who owned these brands.

The new branding brings all these various brands under one recognisable parent company, namely DCM. The individual brands and logos have now been incorporated into the DCM Group of Companies with DCM Group as the lead brand.

This means that DCM Consumer Assist, DCM Care Premier and DCM Corporate are now sub-brands; and that the NPDA is being the endorsement brand for the whole Group.

When describing the ongoing changes in the industry and the performance of the various DCM brands Anton Viljoen CEO of the DCM Group says: “ We look forward to many more exciting times in the years ahead...the DCM Group will grow from strength to strength”

DCM are moving forward and are now positioned for even greater growth and success.

The DCM Group get a fresh new look

www.dcmgroup.co.za/brands

WIKUS OLIVIER DCASA’S NEW CEO

INDUSTRY CONSUMER

Anyone who meets the Debt Counselling Association of South Africa’s new CEO will agree: he’s a pleasant chap. At 27, he is a surprisingly young choice for the CEO of an association of this nature. Don’t let his age fool you, though. When it comes to age, none of the people in the industry are “older” than the NCA itself which came into effect in 2007. Wikus got into the debt counselling field back in 2008 when Debt review was in it’s infancy. After 3 days training at Damelin he became one of only 3 DC’s in the Free State (now there are nearly 50 DCs in the Bloemfontein area alone). His NCRDC number puts him as the 369th person to qualify as a DC in South Africa. He started work in a 4 x 4 meter office, with 2 chairs, a desk and a somewhat unreliable fax machine. Though he says the training did not prepare him for what was to come, he soon got a thorough education at the debt counselling school of hard knocks (as did we all). After several years of debt counselling and helping many hundreds of consumers, Wikus was convinced to sell his business and move up to Gauteng to take the CEO post at DCASA where he has been a member since 2009.DCASA are looking to increase their reach and they are looking to digital media to do so. Like others, DCASA has joined the electronic revolution in a big way this year and under Wikus’ direction, have really improved their digital footprint. Before, DCASA had a confusing website, crammed with information to the point where no one knew what was

current or ancient, now the DCASA website is a surfing breeze. If you would like to head over to the site visit: www.dcasa.co.za DCASA now also has an active Facebook and twitter presence, all thanks to Wikus’ hard work.Wikus says he would like to see more Debt Counsellors join DCASA. “The benefits outweigh the costs” he says. “DCASA has been around since the beginning and...is always going to be around. We are the strongest association and are in the perfect spot to represent Debt Counsellors”. When asked about other Debt Counselling Associations and DCASA’s statement that it wants to be ‘the only professional body for Debt Counsellors’ he diplomatically replied “the creditors are not going to listen to 5 associations, they need a unified voice.” * When asked about his future plans, he replied that other than building membership for DCASA, he meets with the large creditors every month, “contact me and tell me your concerns so I can take them to these meetings”. Wikus is also looking forward to this years’ DCASA conference, and is travelling from region to region in the meantime to spend face time with DCASA members. We wish Wikus the best in his post as CEO of DCASA.

* there are currently on 2 NCR recognised associations for Debt Counsellors DCASA and AllProDC

Wikus Olivier, NCR Number: NCRDC369EMAIL: [email protected], TEL: 0861432272

One Debt is a division of One Commercial Holdings (PTY) Ltd a dynamic, professional and innovative group servicing the South African insurance industry. One, as the group is known, started 16 years ago originally as a motor underwriter and now consists of an amalgamation of specialist niche underwriters providing products across all lines of business, the risk carrier being ABSA Insurance Risk Management Services Ltd (AIRMS), who are a wholly owned subsidiary of ABSA Group Limited. One has fully mandated regional offices across South Africa providing quality service to our partners and clients alike. At One Debt we discerned, as with any new market or business model, the need for that specific sector to develop and become firmly entrenched within the economy prior to us entering the market. We feel that it is the appropriate time to enter this sector with the view of providing financial and risk solutions to Debt Counsellors and their clients alike. We have designed various products for the Debt Review Market namely:

1) The One Credit Protection Consolidator:

This product covers client’s debts in the event of Death, Disability, Dread Disease or Retrenchment. We consolidate all the Credit Protection or Credit Life policies into ONE. Credit protection policies are normally embedded into the finance agreement and the

rates vary between R 3.00 to as much as R 25.00 per R1000.00. Besides the fact that our rate is R3.25/R1000.00, which creates a cost saving, it is very convenient when it comes to claiming as ONE call has all your accounts covered. The other very important benefit is the fact that a level of certainty is created – you know the saying rather safe than sorry. Over the last few months credit provider and their insurers have repudiated claims on accounts of clients under debt review. The only reason one can think of, is the fact that the clients have restructured their payments and the insurance portion cannot be restructured.

2) The One Family Provider

Family Protection for the immediate family from as little as R 50.00 pm.

3) The One XS

Covers all excess payments in the event of a claim up to R 5000.00 for a little as R 62.00 p.m.

4) The One Balance Protector

This product has been designed for consumers who simply cannot afford comprehensive insurance on their vehicles and run the risk of repossession as a result. This product insures the outstanding balance owed on the vehicle in the event of Total Loss at a fraction of the price

Who is One Debt?

of comprehensive insurance .It does however include 3rd Party cover for extra peace of mind. The law requires that all bank financed vehicles must maintain some form of insurance on them, so if you have no insurance the credit provider has the full right to repossess even though you may not be in arrears – Some cover is better than no cover at all.

5) The One Plan

Health Insurance & Hospital Plan for individuals and families. Have you ever noticed that when it rains it pours? Somehow when you simply cannot afford it a health expense suddenly arises. It does not mean that because you are under debt review and cannot afford your medical aid any longer that you now have to place you and your family at risk in terms of health care. With rates starting from as little as R259.00 p.m. for a main member you can now at least afford peace of mind when it comes to health care.

6) The One Domestic

A no frills, price sensitive comprehensive vehicle policy for clients under debt review, which covers accident damage and total loss.

For more information please contact us:

Sam Haasbroek, Portfolio Manager, Western, Eastern Cape & Northern CapeMobile: 082 550 7294, Email: [email protected]

Marijke Wessels, Portfolio Manager, Gauteng, KZN & Free StateMobile: 082 729 3833 Email: [email protected]

Head Office: 0861266562One is an authorised financial services provider – FSP 8783

www.one.za.com

debtstar

Debt VaderINDUSTRY CONSUMER

Wesbank punish consumer for getting his court order too quickly. We have a client who applied for debt review during January 2012. His first payment was the beginning of February 2012. This payment, as always, went toward his restructuring fees. We were very happy when we speedily obtained a court order for him at the end of February 2012. He made the next payment at the beginning of March 2012 in terms of his court order; a portion of which went toward his legal fees and the rest went to his credit providers as normal. The rest of the payments were then made correctly and timeously and distributed in full to his credit providers. Then we received a telephone call from a consultant at ColSol (Collections Solutions), who collect’s debt on behalf of Wesbank. They informed us that the account has been removed from the Wesbank debt review department. It is important to state that we had received no termination notices or enquiries from Wesbank. Thus legally speaking no termination had actually occurred. Why would the matter possibly be terminated from the debt review department and handed to collections? Well, their process says that as from the month that they restructure the arrangement in terms of the court order (in this case February) they expect full payment in terms of the court order restructuring proposal. So where is the problem you ask? The consumer has a court order and the court order shows how much the consumer must pay. Well, as far as they are

concerned, the part-payment they received in March, is considered a default and the account was removed from debt review and handed to ColSol. This despite the fact that the court order specifically states that restructuring fees and legal fees are to be taken as a priority. Normally due to the fact that court orders take a while to obtain, (some consumers ridiculously wait up to 3 or 4 years) by the time a consumers court order is captured on their system, his restructuring and legal fees have been taken, and the full normal monthly installment is being paid over to the various creditors each month. In this case Wesbank want to penalize the consumer for getting his court order too quickly (before all his legal fees were paid for). Surely this situation was easily explained and since there was already a court order in place, the matter would easily be sorted out, right? Wrong! The consultant was adamant about moving forward with legal process to repossess the car. Debt Vader’s debt counselling firm later managed to contact the consultant’s manager, who has agreed to inquire from Wesbank if they will accept the account back into debt review. Any legal action on Wesbank’s part would be a huge waste of time. This kind of misunderstanding, (of the process incl. how the fees work) as well as unwillingness to assist, show a serious lack of flexibility and training at a consultant level. This results in extra work for all parties, and unnecessary stress for consumers who just want to pay their debts.

A long time ago in a debt review firm far, far away....

Debtfree DIGI asked Bernidene Thieroff about the courts in her area and she has some tips for DCs and consumers.

In the Free State we have been very fortunate, our application’s have been approved reasonably quickly in the courts in our area. In the last 3 years, only 5 court applications have been unsuccessful. Since each Magistrate is in charge in his own court, I think the most important factor is for all DC’s to work according to the same guidelines. In Virginia, Odendaalsrusand, Henneman and Kroonstad there is only 1 magistrate at each court before whom debt review matters appear. Some tips for the various courts in the area:

VIRGINIAIn Virginia you should submit documentary proof of the expenses you classify as necessary because opposing attorneys (for the creditors) always refer to the budget as “heresay”. Also you should not accept a counter proposal before the papers are filed with a declaring affidavit. The Magistrate gets very irritated if you do. It is important not change the interest rates without an acceptance letter from the credit provider. (ED-With the changes to the regulations you will now need confirmatory affidavits from creditors) In Virginia, Normal and Opposed matters are heard on Tuesdays and it is not necessary for the consumer to attend to Court.

HENNEMANIn Henneman hearings dates normally depend on Magistrate availability. Our attorneys usually

requests a hearing for when the consumer will also be available.

ODENDAALSRUSIn Odendaalsrus I have asked the attorney to handle unopposed matters on a Wednesday. As normal the consumer must appear personally if requested by the court but there is no standard - it differs from magistrate to magistrate. I normally only appear if the matter is contested. The first time it is heard I or the consumer are not personally present but remain available if needed.

WELKOMIn Welkom there are 2 magistrates who hear matters. Tuesday is normal role and Thursday is for opposed matters. Here our attorneys usually request a hearing when the consumer will be available.

GENERAL ADVICEBe prepared for every contingency and respect the Court and its rulings on the process. In my experience, the Magistrates in our district are good hearted and handle the processes very fairly.

Bernidene [email protected]

Court ReviewINDUSTRY CONSUMER

We, the undersigned, debt counsellors and consumers, call upon all Financial Institutions to stop trying to undermine, demoralize, challenge and break the debt review process. On behalf of our consumers, consumers who have been affected and consumers who believe in their rights and the rights of others, we ask that you stop with your intimidation, harassment and bullying tactics.To stop with illegal termination tactics, to stop visiting consumers at their homes while you try to install fear that their debt counsellors have not done their job correctly. This being done while you try and force them to sign an AOD

and get them out of the debt review process. To stop deceiving consumers by informing them that their debt counsellors are stealing money, that the debt review process is not working and that the consumers are incurring further debt pertaining to your interest charges. To stop misleading consumers by pretending that you are allowed to offer a debt counselling service. Stop worsening any past, present or future consumers situation by misrepresenting the truth.We insist that you start to act in Good Faith both towards the debt counsellors and all concerned consumers.

Consumer Petition

TO SIGN UP http://www.facebook.com/pages/Sign-2-Unite/327470733965318

http://www.gopetition.com/petitions/stop-banks-acting-in-bad-faith.htmlhttp://www.facebook.com/pages/theDCI/218268998238689

theDCI invites all Debt Counsellors, Debt Counselling associations and consumers under debt review to sign the petition. This petition is also for consumers who are not in debt review but who believe in rights of people that are in debt review. Any consumer who

believes in this petition can sign and help us make a difference.

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 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 0848Tel: 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]

Derry BurgeTel: 021 855 5997

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

Debt Knowledge Debt Counselling082 379 2337

Debtonators041 585 0276

Fincorp debt Counsellors ccCecilia Zwarts [email protected]

Holistic Debt [email protected]

SERVICE DIRECTORY

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

MG Consulting NCRDC 1403Strand - Helderberg AreaTelkom : 021 853 4537 Mobile Phone: 082 450 7459 / 082 782 0595 Fax Number: 0866 220 690E-Mail: info@mgconsulting / [email protected]

NDA Debt CounsellorsYour Trusted Debt CounsellorsGary Williams (NCRDC 143)Tel: 034 315 3880 Fax: 086 612 [email protected] www.ndad.co.za

Think Green Debt CounsellingSandi [email protected] : 012 991 6638Cell : 082 460 7800Fax : 086 219 2615

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]

Zuné Coetzer Debt CounsellorsNCRDC 159924 van der Stel StreetDan PienaarBloemfonteinTel: 051-4364515Fax: 086 5870 845Email: [email protected]

2nd Chance Debt CounsellorsTel: 0861 00 225 0

BORDER 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 CHOICE P.E.Andrea 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]

DRS 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]

DRS 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] 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]

U-Win Debt CounsellorsCoreli Roos - NCR DC 509Aliwal North, Burgersdorp, Bethulie, GariepDam, Smithfield, SpringfonteinCell:079 626 [email protected]

Rihanyo Debt Counselling(012) 804 50 57

SUPPORT SERVICES

Business and Personal Website and Software, Design and Development Services. Contact Number: +27 76 382 0933 Email: [email protected] Web: http://myecommerce.co.za

Staff Line Ndizani Executive RecruitmentCell no: 083 3028163Direct Line: (011) 468 - 2150E- Mail: [email protected]

Information resources & serviceswww.thedci.co.za

DesigntimesSouth Africa’s creative resourcewww.designtimes.co.za

TRAINING

Compuscan Academy 0861 51 41 31www.compuscanacademy.co.za

You & Your MoneyWestern Cape: NCR Debt Counsellor Training: For a Cutting Edge Course with practical input contact: You & Your MoneyDawn [email protected]: 072 1769789(021) 761 3287

FINANCIAL

ABSA Customer Debt Repair Line0861 005 901

Credit 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

FINANCIAL PLANNING

Eric StresoFinancial PlannerB Juris LL B CFP MBATel: 0833273358Fax: 086 612 7912

LEGAL

Brett Carnegie AttorneysTel: +27 (21) 4470332 Fax: +27 (21) 4470338 Mobile: +27 (0)82 320 6099 www.carnegielaw.co.za

Suite 23(B) Unit 8 Waverley Business Park Mowbray 7700

Karen van Staden Tel: 012 998 9117 / 012 993 2132Fax: 086 721 6467 / 086 662 1153Email: [email protected]@hauptearle.co.zawww.hauptearle.co.za

Scheepers AttorneysGerhard [email protected]

Legal Rights Affordable & ethical Legal Services Tel: (011) 367-0695Cell: [email protected] www.legalrights.co.za

LUCID AttorneysTel: 011 880 1100Fax: 011 880 1101Email: [email protected]/attorney

Ludick [email protected]

Prinsloo & AssociatesAttorneys and conveyancersNanika Prinsloo Farm Bergamot, Paarl 7620P O Box 6199, Paarl 762014 Laing Street, Barrydale 6750Cell: 072-8558-106

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

Fax: [email protected]

RM Brown and Associates 601 Pier House, 13 -17 Heerengracht, Cape TownDocex 138 Cape Town t: 021 431 9127 f: 021 425 0875 e: [email protected] 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.zaExperianwww.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

OTHER

Association of Debt Recovery Agents: 011 781 3337 www.adraonline.co.za

Banking Ombud0860 800 900 www.obssa.co.za

Credit Bureau Association011 463 8211www.cba.co.za

Credit Providers Association011 789 6825 www.cpa.org.za

Department of Trade and Industry0861 843 384 www.thedti.gov.za

Financial Advisory and Intermediary Services Ombud012 470 9080 www.faisombud.co.za

Financial Services Board012 428 8000 www.fsb.co.zaFurniture Traders Association 011 789 6770

Legal Resources Centre011 836 9831 www.lrc.org.za

Long Term Insurance Ombud021 657 5000 www.ombud.co.za

Micro Finance South Africa012 345 0809 www.mfsa.net

Motor Industry Ombud012 841 2945 www.miosa.co.za

National Credit Regulator0860 627 627

Ombud for Short term Insurance011 726 8900 www.osti.co.za

Pension Funds Adjudicator021 674 0209 www.pfa.org.zaSouth African Fraud Prevention0860 101 248 www.safps.org.za

The Banking Association011 370 3500 www.banking.org.za

SA FRAUD PROTECTION SERVICE (FREE SERVICE)www.safps.org.za0860 101 248

EVENTS

20 April 2012Western Cape Reckless Lending Workshop

25 April 2012Free State Reckless lending Workshop

11 May 2012Gauteng Court Preparation Training

8 June 2012Eastern Cape Court preparation Training

15 June 2012Western Cape Branch Meeting

13 July 2012Western Cape Court Preparation Training

22 August 2012DCASA Annual Conference

14 September 2012KwaZulu Natal Court Preparation Training

For more information contact DCASA Head Office at086 143 2272 or [email protected]

TRAINING EVENTS

You & Your moneyA part time training option is available in Plumstead (Cape Town)

Upcoming Dates: 21st May - 8th June.

Following Course Dates:23rd July – 3rd August (excluding Saturdays and Sundays)

The Course is 2 -3 days per week for a total of 10 days.

Contact Dawn Jackson for specific days and dates during these times.Dawn Jackson [email protected]: 072 1769789

If you want to subscribe, advertise or be listed in our directory please contact us! [email protected]