www.debtcounsellingsa.co.za

DebtfreeSouth Africa’s debt counselling magazine

October 2011

NCR accredited payment distribution agency

The great thing about sport is that it can distract you from your concerns...for a moment or two. Unless you are concerned about which team will win. Well, in that case you are probably not alone. My wife doesn’t care but many of my friends do. They love to sit around the TV, chat, drink a cool beer and complain about time zone differences. I must say I am concerned about my friends drinking so early in the day but that is a discussion for a different time. The truth though, is that events like the Rugby World cup much like the Soccer World Cup will only distract you for so long. Then it will be back to worrying about paying off your debts. Which

EDITOR

CONTENTSEditors notes

News

NDMA

Changing Court Orders?

Court review Mpumalanga

ABSA

Service Directory

02

05

10

14

20

24

25

is challenging not only for individuals but even countries it seems. A brief look at Europe and the crisis there will send chills down your spine if you consider the potential danger of a European depression (as opposed to a mild economic recession). If entire countries like Greece, Spain and Ireland are struggling to pay their bills how are little old you and me meant to get by? The keys, I guess, are to not let things get too far out of control; to get help when needed (like debt counselling) and cutting back on anything that resembles an unnecessary expense. Fortunately summer is approaching, which means for many they can get outdoors and take the family down to the park to play french cricket, frisbee and touch

rugby. Is it amazing how little it costs to have some old fashion fun outdoors. No, you don’t have to spend R15k on a new kite board or the like. Just get out there and take a walk in the sun with your dogs...or something like that anyway.

This issue, besides a look at industry news, we ask some tricky questions about the process after a court order is granted and we take a look at the courts up in Mpumalanga. Also we consider ways you can get assistance with tricky creditors and some other goodies as well.

So enjoy your read and remember: today you are one day closer to being debt free.

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

RM Brown& associates

www.rmbrown.co.za

DCASA TALKS TO DTI Four members of DCASA (namely Paul Slot, Tony Richards, Joseph du Broize and Russell Dickerson) met with Senior Officials of DTI who are responsible for the NCA.

The DCASA delegation was well received by DTI and a few hours was spent on the substantive document handed to the DTI. Many of the issues identified in the document were discussed in detail. DCASA also provided DTI with a typical Rule 55 application (which was about 100 cm thick), they were surprised to see the voluminous nature of the application.

The feedback from DTI was that the DCASA recommendations were very useful and insightful. DTI is already in a process to assess key issues requiring attention in the NCA and many of these issues were also highlighted by DCASA. DTI expects that a draft bill will be ready for submission to parliament during the second sitting next year.

STD BANK CC REPAYMENTSStd Bank lower min repayment amount on all Credit Cards from 5% to 3% of outstanding balance monthly. Making it “easier” for consumers.

SEYFFERT V FRB- A CASE TO WATCH Leave to Appeal has been granted in the case of Seyffert vs. FirstRand Bank.

The matter has to deal with bad faith terminations.

In this case FNB terminated their participation in the debt review despite the fact that the consumer was up to date with payments in line with a reasonable proposal.

Bad faith is illustrated by the fact that FNB requested a postponement on the matter before the Magistrate Court in order to deal with allegations made by the applicant but instead of dealing with the issues FNB terminated the debt review directly after requesting the postponement. This action by FNB was, in the view of the applicant, in total bad faith and the bank was not entitled to terminate the debt review.

DCASA has put up the funding to appeal and will be pursuing this matter in the hopes of establishing a well known precedent in this regard.

NEWS FLASHINDUSTRY CONSUMER

UPDATING THE NCR DEBT HELP WEBSITEIt is one of the conditions of registration of debt counsellors that they must regularly and timeously update the NCR Debt help system on the progress of the debt review applications. The monitoring reports show that not all debt counsellors are loading and updating the records on progress of application. Credit providers have indicated that many consumers who are under debt counselling are not flagged at the Credit Bureaus which place considerable risk to credit providers and consumers and impact on the entire credit industry. It is a requirement in terms of the NCA, that all debt counsellors notify the bureaus when a client has applied for debt review. We appeal to all debt counsellors to adhere to the process set out, by loading and updating the DHS system timeously so that consumer profiles are updated accordingly with the Credit Bureaus. The NCR Debt help has been enhanced to make it more user-friendly and improve its functionality. An added purpose is to ensure that the NCR Debt Help system and credit bureaus` database are in synch as much as possible to ensure that the consumer information on the credit bureau is correct and that the complaints and manual interventions are eliminated.It is incumbent upon all debt counsellors to therefore utilize the system effectively and timely in order to mitigate the risk of consumers obtaining credit whilst under debt counselling. Failure of any debt counsellor to update consumer records on the debt help system constitutes a serious breach of conditions of registration and failure of a debt counsellor to notify the Bureaus when a customer has applied and goes under debt review is a direct contravention of the NCA Regulations.

The NCR will take enforcement action against contravening debt counsellors, as this defeats the objectives of the Act insofar as promoting equity in the credit market is concerned, by balancing the respective rights and responsibilities of credit providers and consumers. The NCR further recommends that debt counsellors who are employed by an entity should not load clients under their own profiles on NCR Debt Help, but instead load clients under the name of the principal member of the entity. This is because when debt counsellors leave their employment it creates a massive administration process on the NCR Debt Help system to transfer consumers into the profile of a new debt counsellor. Debt counsellors are advised to contact NCR if unsure of the transfer process to be followed.Where clients voluntarily withdraw or are withdrawn from debt review by the debt counsellor, it is incumbent upon the debt counsellor to firstly update the system with the correct status code on the NCR Debt Help system. It also remains the debt counsellor’s responsibility to follow up should there be a query on the withdrawn record. The NCR is inundated with queries from consumers issued with 17.4 forms, but still active on the NCR Debt Help system.

FOR MORE INFORMATION For more information:Please email The National Credit Regulator at info@ncr.org.za

NEW DEBT COUNSELLORS ASSOCIATION LAUNCHED- ALLIANCE OF PROFESSIONAL DEBT COUNSELLORS

All Pro DCs have officially begun to take on members from 1st October 2011. Below see their invite and consider if you wish to join up.

INVITATION TO JOIN ALL PRO DCYou are hereby formally invited to become a member of our association ALL PRO DC. Our association consists of men and women:• who are registered with the NCR as Debt Counsellors &• individuals with a vested interest in the Debt Counselling industry.

The objectives of ALL PRO DC are;• to be a professional body for Debt Counsellors in South Africa as a non profit organization for the purpose of promoting the interests of members of the ALL PRO DC and a professional Debt Counselling industry;• to keep members informed with the law and practice of Debt Counselling;• to insist upon a high and ethical standard of behavior on the part of members and to preserve and maintain the integrity and status of the ALL PRO DC;• to facilitate the consideration and discussion of matters of interest to Debt Counselling, NCR & DTI and persons associated with the provisions of the National credit act;

The aims of the ALL PRO DC are:

• to promote fair credit practice within South Africa and to promote the objectives and aims of the ALL PRO DC;• uphold, protect and develop the Debt Counselling profession; • challenge all discriminatory practices relating to the credit in the Credit industry;• be the national voice for its members;• co-operate with bodies that have similar objectives;• to liaise and represent Debt Counsellors with the NCR, DTI and credit provider forums or any other interested party; and• to promote fair credit practice within South Africa and to promote the objectives and aims of the ALL PRO DC.

Membership fees will be R100.00 per month until members decides otherwise. Banking details to be provided.Our association will be in the following city/town for meetings on proposals for amendments to the National Credit Act:27 OCTOBER 2011 – PORT ELIZABETH28 OCTOBER 2011 – GEORGE17 & 18 NOVEMBER 2011 - JOHANNESBURGIf you require more information please go to http://debtconcern.webs.com for access to our Forum.Get your application form from documents tab.Please send your application form to secretary@allprodc.org Yours in Debt Counselling

Adri de Bruyn (NCRDC998)Secretaryhttp://debtconcern.webs.com/

ALL PRO DC’S ROADSHOW

MEETINGS FOR PROPOSALS FOR AMENDMENTS TO THE ACT AND INTRODUCTION TO THE ASSOCIATION

27 October 2011 - PORT ELIZABETH28 October 2011 - GEORGE17 & 18 November 2011 - JOHANNESBURGDuring November the committee will be travelling all over Western Cape

DC Forum has 159 members:Concerned Debt Counsellors Forum now has 159 members. Many of these members will now belong to the All Pro DC association.

visit: http://debtconcern.webs.com/

DCASA GENERAL MEETING DRAWS CLOSER The DCASA Annual General Meeting (AGM) for 2011 is coming up in about a months time.

DCASA have as usual invited all (Full) members to attend and participate.Remember to make sure your membership fees are paid up though. When/Where:The AGM will take place on Tuesday, the 22nd November 2011 at Kempton Park Golf Club from 11H00 to 13H00.

Two main topics will be dealt with:

1) the election of the National Executive Committee2) the signing off on proposed amendments to

the Constitution.

So book the date if you are a DCASA member.

The DCIthe Debt Counselling Industry (DCI) look to launch mid November 2011. They currently have over 200 DC’s who have joined up.

NCR Roadshow - various dates Herewith the dates for the NCR roadshow in the various provinces

W. Cape 25 Oct 2011KZN 31 Oct 2011E. Cape 2 Nov 2011Gauteng 3 Nov 2011

If you need more details please feel free to contact the NCR on -0860 627 627

http://twitter.com/Debtfree_DIGI

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- Do not qualify for debt review.

Who can we help?* Clients that own property that has a residual value, i.e. market value less the outstanding bond. (see residual value calculation

at www.saindebt.co.za)Note: No credit is created. “The Alternative Solution” was presented to the NCR.

How do we help?* SAinDebt enters into a joint venture with the distressed homeowner to sell the property.

* SAinDebt provides the funds to stop the legal action (if any), pay off arrears and/or other creditors.* Cash advances can also be provided to the client.

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What are the benefits for Debt Counsellors?* Debt Counsellors can provide clients with an “Alternative Solution”.

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Does your client qualify and what does it cost?

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The National Debt Mediation Association or NDMA have a blury history. Where they originally tasked to try sink debt counselling by providing yet another none legislative alternative to debt review? Who can really tell any more. What is clear that since the NCR Task Team report the NDMA has been filling a different roll in assisting consumers and DC’s deal with non co-operative creditors. The results so far have been very positive with about half of all disputes brought to them going in favour of the consumer. So it is not a one stop get what you want shop but it is another channel that consumers and DC’s can use in trying to resolve issues outside of the court process. In the past however many

people complained that it took so long to fill in the long and confusing application form that it seemed easier to give up and rather let the bank take your house (joking). The NDMA have addressed the conserns of the consumers and have now issued a simplified application form which is a lot shorter and user friendly.

If you have probelms that you could use assistance with the NDMA maybe your next Port of call. You can visit their website at

www.ndma.org.zato download the form.

USE THE NDMA TO GET HEARD

INDUSTRY CONSUMER

Complaint Initiation Form

Reference Number ________________ Date: _______________________

Initiation of a complaint to the National Debt Mediation Association in terms of the NDMA Policy

General Information

1. Shaded parts of the form are for NDMA use only.

2. For debt review complaints complete all sections

3. For DCRS related complaints complete sections 2 and 3.

4. Please send completed application form via fax to 086 670 0834 or email:info@ndma.org.za

1. CONSUMER DETAILS

Details of the person

complainingFirst NamesSurname

Identity Number

Gender

Occupation

Physical AddressNumber

Street

SuburbCity

Postal AddressP.O. Box

Private Bag

Postal Code

Telephone Code ( )Cell number

E-mail BusinessFax number

2. COMPLAINANT’S DETAILS

Are you complaining as aConsumer

Debt Counsellor

Credit Provider

PDA

Other (specify)

(IF COMPLAINANT IS NOT THE CONSUMER, COMPLETE THIS SECTION)

NAME AND SURNAME:-----------------------------------------------------------------

----------------------------------------------------------------

NAME OF ORGANISATION AND NCR NO.:-----------------------------------------------------------------

--------------------------------------

TELEPHONE NO.:-----------------------------------------------------------------

------------------------------------------------------------------

-----

E-MAIL:-----------------------------------------------------------------

------------------------------------------------------------------

-------------------

FAX NO.:-----------------------------------------------------------------

------------------------------------------------------------------

-----------------

Short description of complaint and attach all relevant supporting documents:

3. DETAILS OF COMPLAINT

1. Are you complaining about a Debt Counsellor / Credit Provider / Payment Distribution Agent / Other (Please specify)

2. What is the name/s of the person/s and/or entity (business) against whom you wish to lodge a complaint?

3. What is the name, surname, reference number and contact number of the relevant parties in the above mentioned firm who

attended to your matter?

4. What was the outcome of the matter?

Have you lodged a complaint regarding this with

(Please note full details if the answer to any of these

questions is yes)

Any other institution or governing body Yes No

The National Credit Regulator Yes No

Any ombudsman Yes No

Any other institution or governing body Yes No

I confirm that I want the National Debt Mediation Association to consider my complaint

What do you expect the National Debt Mediation Association to do in this matter?

I understand that :• The National Debt Mediation Association will handle my complaint according to the NDMA Standards and

Procedures.• Confidential information may be considered by the National Debt Mediation Association in the process of

handling my complaint.

• The National Debt Mediation Association may need to communicate with other organizations in respect of

the complaint question and may need to exchange information in this regard.

I indemnify the NDMA and/or employees or affiliates from any claim whatsoever with regards to any actions,

procedures, investigations relating to this complaint or outcome. The outcome or correspondence may not be used in

any way that could result in reputational disrepute of the NDMA, employees or affiliated members.

(Please note that the National Debt Mediation Association as well as the council does not have the power to order

the “party/s that the complaint relates to” to reimburse you to pay any damages to you. This complaint initiates steps

to resolve the matter through mediation and the procedure is aimed at resolving your dispute/complaint against the

“party/s that the complaint relates to”.

The under mentioned must be completed and signed before a commissioner of oaths. If you fail to comply with this,

the National Debt Mediation Association will not be able to entertain your complaint. Examples of a commissioner of

oaths are an attorney, sheriff, bank manager, postmaster or police official.

---------------------------------

Date:-----------------------------

Complainant Signature

Please send completed application form via fax to: 086 670 0834 or email: info@

ndma.org.za

Do you needan attorney who specialises in Debt Review matters?

CONSUMER INDUSTRY

As you know, the debt review process starts with an application to a Debt Counsellor in terms of Section 86(1) and ends once an order is made under Section 87.Should the Court accept the Debt Counsellor’s proposal, the usual order is: 1. Declaring the Consumer over-indebted; and 2. Making the proposed debt restructure cascade an order of court. The question is what to do if there is deterioration in the Consumer’s financial affairs after a restructuring order has been made?Although the obvious answer might be to launch

an application for variation, I have reservations whether an existing debt restructuring order can be VARIED or AMENDED.

Consider the following:1. A Magistrate’s Court is a creature of statute and may only perform such tasks and make such orders as permitted by the Rules or Legislation;

2. Neither Section 86 nor 87 not any other part of the NCA makes provision for amendments to such an order based on changes in financial

CHANGING COURT ORDERS?

circumstances;

3. Section 36 of the Magistrate’s Court Act sets out the circumstances in which a Court may be approached to vary a judgement:3.1. S36(1)(a): Judgements granted in the absence of the person against whom judgement was granted3.2. S36(1)(b): Judgements that are void or were obtained by fraud or a mistake common to the parties3.3. S36(1)(c): Judgement containing patent errors3.4. S36(1)(d): Judgements in respect of which no appeal lies

4. Apart from possibly S36(1)(a), variations of debt restructuring orders do not fall within any category of Section 36;

5. Rule 49 deals with procedure but, I do not believe that Rule 49 makes proper provision for variation due to a change in circumstances;

6. A simple analogy is to look at Rule 43 of the High Court, which deals with maintenance pendent lite. If it was possible to amend an existing maintenance order in terms of Rule 42 (the High Court equivalent of Rule 49), why was it necessary for Rule 43(6) to be specifically published?

7. I cannot think of any example in the Magistrate’s Court (other than maintenance governed by the Maintenance Act), where a variation will be granted based on change in circumstances alone. Even in the High Court, such examples are rare, but if any do exist can probably be explained by the High Court’s inherent jurisdiction;

But even if I am wrong, and it is somehow possible to apply for a variation of the restructure order under Rule 49, this would present certain practical problems given that restructuring orders can only be made under Section 87 after a hearing has been held – in other words a new hearing will have to be held before the variation can be ordered.

It seems to me that Rule 49 and Section 36 were never designed to address the current situation and that relying on these provisions closely resembles forcing a square peg into a round hole.

As I have already said, the NCA does not seem to provide for variations to debt restructuring orders.

At first I thought that this was another shortcoming with the NCA, but on further consideration it seems possible that the omission was intentional.

Debt restructuring orders can only be made following a hearing under Section 87, but in terms of Section 86, only Consumers who are found to be over-indebted qualify for the relief under Section 87.

The prima facie impression seems to be that a Consumer may only be declared over-indebted once and may only apply for debt review once. But is this correct?

I am of the opinion that it is possible for a Consumer to apply for debt review more than once provided the following interpretation of the NCA is adopted:

1. Over-indebtedness is not a “status” (such as for instance being “insolvent”) but is rather the description of a particular financial position at a particular point in time;

2. The effect of a debt restructuring order is that so long as the Consumer complies with the terms thereof, he is protected against enforcement steps by Credit Providers;

3. In other words, the argument may be made that a debt-restructuring order extinguishes the Consumer’s over-indebtedness by placing him in a position where his expenses no longer exceed his income;

4. Should the Consumer’s circumstances change after the debt restructure order has been made and should the Consumer become over-indebted for a second time, it is necessary to make application under Section 86 to seek a new declaration of over-indebtedness and a new debt restructure order;

On this interpretation of Section 86 and 87, the Court will not be functus officio after a redistribution order has been made. The purpose of the original order was to relieve that Consumer’s over-indebtedness AS IT EXISTED AT THE TIME, but there is no reason why a Consumer’s position cannot deteriorate even further, placing the Consumer back into over-indebtedness.

In cases like this, I think it would be better to follow the Section 86 procedure from scratch, i.e. a new Form 16 and new Form 17.1 and 17.2 and a new application under Section 86 – the important difference being that the Consumer’s current expenses will be determined partly by

the debt-restructuring order.

The application’s affidavit will also have to be amended to explain why there is a second debt review application.

For the reasons explained, I think that it is technically better to do a new application rather than apply for variation, but I have no doubt that Banks and Credit Providers will oppose the matter either way.

This is one of many examples of NCA-related issues destined to remain controversial until a Court gives guidance.

In the interim, it is CRUCIAL that the Consumer do everything in his ability to keep up to date with the restructuring order to prevent the Credit Providers from issuing summons. If this happens, I suppose that we will have to rely on Section 85.

WHAT HAPPENS TO THE 1ST DEBT RESTRUCTURING ORDER?I don’t believe it will be possible to apply for rescission of the existing order because such a procedure does not fit into the mold for which Rule 49 (dealing with rescission and variation of judgments) was designed.

Having reconsidered the Rules again, the closest solution would be Rule 49(5), which deals with rescission with the consent of the plaintiff and reads:

(5)(a) Where a plaintiff in whose favour a default judgment was granted has agreed in writing that the judgment be rescinded or varied, either the plaintiff or the defendant

against whom the judgment was granted, or any other person affected by such judgment, may, by notice to all parties to the proceedings, apply to the court for the rescission or variation of the default judgment, which application shall be accompanied by written proof of the plaintiff’s consent to the rescission or variation.

The trouble with this Rule is that a Court cannot make a debt restructuring order without a hearing under Section 87 of the NCA, which hearing can only occur after the Debt Counselor has followed the procedure in Section 86 of the NCA.

This means that if the Rule 49(5) is to be applied, the application for variation would have to also be a “hearing” for purposed of Section 87 of the NCA – which I am not sure was ever the purpose of Section 87 or Rule 49(5).

Returning to the question of the original debt-restructuring order, I am not convinced that it is entirely necessary to set the order aside. My reasoning is as follows:

1. The debt restructuring order is made in terms of Section 87 of the NCA with a view to relieving the Consumer’s over-indebtedness.

2. In other words, the purpose of the order is to restructure the debts of a Consumer, who is over-indebted, so that the Consumer is able to afford his payments going forward.

3. Hence, the Consumer is no longer technically over-indebted once a Section 87 order is made.

4. The Court that granted the original Section 87 order has completed its task and the matter

is finalized.

5. This means that the terms of the restructuring order actually place the Consumer on a clean slate and restructured obligations form the Consumer’s new financial obligations from that moment onwards.

6. If the Consumer experiences a further deterioration in his financial position, the existing order should not create an obstruction to a new debt review proceeding being launched, because the Consumer is now “over-indebted” all over again – the only difference being that he is over-indebted based on restructured obligations.

As I previously mentioned, this is a very complex matter and one to which there seems to be no clear-cut answer. In light of the importance of getting clarity, I would not suggest using the application that I drafted until the following has been done:

(a) The National Credit Regulator as well as any association regulating Debt Counselors in South Africa should be approached for guidance on what the correct procedure ought to be; and/or (b) The opinion of a senior counsel ought to be obtained; and/or (c) My views should be shared with other Debt Counselors for their feedback and to share any legal advice that they may have obtained on the issue.

The best and safest way would be to approach the High Court for a declaratory order. This might be expensive, but perhaps the NCR would be prepared to assist.

Zune Coetzer Debt Counsellors

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Debtplan is a niche based insurance service provider within the debt review industry. Our aim is not just to add value to consumers during their debt review process, by providing them with debt risk related products that can save them money, but also serving as the conduit between the debt counsellor and their client`s. Should you as a Debt Counsellor or consumer require further information on our products and services, please contact us on our toll free number 086 133 2875 or one of our relationship managers.

Call us on 0861 33 2875 www.debtplan.co.za FSP 30490

Debt Review in Magistrate Courts of Mpumalanga – Nelspruit Area.Being registered in August of 2007 I was the first registered debt counsellor in the Nelspruit area. My background comes from the Credit Industry and I admit I had very little knowledge of courts or of the legal challenge ahead.

I was very fortunate to find that the Magistrate in this area ( Nelspruit, Sabie, Graskop, White River and Lydenburg) were all very positive about the National Credit Act and especially Debt Counselling. I was also invited to attend a meeting of the Mpumalanga Civil Court Magistrate Forum to give a presentation on the

different aspects of Debt Review and what was expected from a Debt Counsellors viewpoint and what was expected from all the other relative parties to this process.

Mr Serfontein is the appointed Magistrate for Sabie Magistrate Court. Application should be drafted and compiled according to the JOASA Workshop : The following should be attached to all applications – Registration Certificate of Debt Counsellor, All notifications as well as proof of deliverance to creditors as well as Credit Bureaus, Proof that all information and fees were disclosed to the consumer, Income and Expenditure statement of Consumer,

INDUSTRY

COURT REVIEW MPUMALANGA

Proposals and Negotiations and if proposals were accepted all should be included. Evidence of Service and Consent to way of service as agreed by Respondents should also be attached to the Founding Affidavit. The consumer should be in attendance. The above are also the requirements for Graskop Magistrate Court .

Mrs Joubert is the appointed Magistrate for Nelspruit Magistrate Court. Although all notices and proof of deliverance should be available to court it is not a requirement that all these documentation should be attached to the application when served or filed with the court.

I was very surprised and relieved to find that the Magistrates take a keen interest in Reckless Lending and therefore encourage all Debt Counsellors to discuss Reckless Lending with your Magistrate so as to ensure how she or he will approach this subject and what their requirements will be in to these applications. I have been successful in several reckless lending applications with orders being granted against several creditors including Bayport Financial Services – Case 210/2011 Sabie Court - This was a clear case of reckless lending as the client was over indebted before application to the loan was made. Here the Consumer was earning a basic salary of R2900, supporting a family of five with a total debt exposure of R51 000, Bayport approved a loan of R11 750 and total amount after fees and interest calculate to R38 221. The Consumer withdrew from the credit agreement informing the Branch with a written note which he faxed to the consultant at the Branch where he made the application. Bayport did not accept this termination notice

and the money was still transferred into the consumer’s bank account . Bayport did appoint an attorney to oppose and filed a Notice to oppose . However after the case was postponed several times the Defence never made any further court appearances and the Magistrate granted the order

The secret to success in this area is to know the Magistrate from each court and to familiarise yourself to what standards and requirements are needed for a debt review application. I found that they all have slightly different requirements and it is very important to make the necessary adjustments to each drafted application.

A strong will, a settled purpose, and invincible determination, can accomplish almost anything (Thomas Fuller)

Michelle BarnardtNCRDC94Logikos Credit Management (Sabie Mpumalanga)

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As one of the five NCR accredited PDA’s (payment distribution agency’s) DC Partner has been part of the debt review industry since August 2008. Situated in George in the Western Cape, we are also the only PDA south of the Orange River.The systems, infrastructure and staff of DC Partner have been exposed to collection and distribution of payments for the past decade.DC Partner strives to render services of the highest standard to customers.DC Partner makes use of excellent software, provided by Debt – Wise. The PDA module is locally based and inherently linked to the Debt – Wise Debt Counseling software, which is internet based. Consumer information seamlessly passes from the Debt Counseling System to the Payment Distribution Agency.We are very excited to announce that we have integrated our PDA distribution system with the Debt-Wise front end software. The distribution system was developed to integrate into the Debt-Wise software in such a manner that the user will not need to change anything in their systems, but could just continue with their day to day work and would see the distribution side as an additional tab on their home screens.

At this stage we are systematically moving all our current clients to the new system and this goes hand in hand with in office training by one of our skilled training officers.Our main focus during the planning and creating of this system was to maximize data availability and accuracy. The DC can log into the system from anywhere in the country and with the click of a button he/she will be able to see what is going on in their dedicated PDA trust account, which clients made payments within the last 1, 2, 8 or even 24 hours, what fees are due to be paid to him/her, which files have distributed, which clients are in default. We do daily distributions on this system and it is therefore important to make the system as user friendly and interactive as possible as things happen very quickly.This will enable the DC to always see and be on top off what is happening to all of their clients and react, if needed, immediately.DC Partner offers free in house training at any location in the country and we will also give all interested DC’s free access to our system for a trial period of up to three months.

For any further queries please feel free to contact our offices at any time.DC Partner George OfficeWillie Boshoff – pda27@dcpartner.co.zaArnold Steyn – pda28@dcpartner.co.zaHerman Joubert – herman@dcpartner.co.za044 873 4440, 044 873 4530, 044 873 4532DC Partner Gauteng OfficeFrancois Van Zyl – francois@dcpartner.co.zaKonstant De Vos – vossie@debt-wise.co.za012 348 7624

Twitter link here

It seems that because ABSA have issued so many 86(10)s and because their Debt Review Department are unwilling/unable to assist, they have been getting tons of calls from DC’s and consumers looking to talk to someone (anyone) in the different product houses.It has been tricky to reach the correct people and the folks in the various departments often don’t know what’s going on either. Can they help you? They don’t know. They would really like to have the Debt Review Department handle debt review matters (otherwise “why even have such a department ?” they say). Sadly they don’t know about the whole 86(10) post Collet bad faith termnation nonesense that is plaguing many matters. Just because the Debt Review Department wont help a consumer any more does not put an end to the debt review process - no doubt the 86(11)s will eventually move these so

called “terminated” matters back into the debt review department so they will be able to help and when the debt restructuring Court Orders are granted they will once again assist.Hopefully the 86(11)s will happen fast enough that they will still be busy enough so long to justify an entire department rather than just a few computers sending out automated CoBs and 86(10)s and running proposals through DCRS- but for now with these coupious amounts of 86(10) matters they want little or nothing to do with you. Their hands are tied by their own internal policies. But then who do you call? You need to speak to someone. Right?.Well, here is a useful list of contact details (helpfully provided by the friendly ABSA Debt Review Department folk themselves) of who to speak to and thus you can begin negotiations for the various types of accounts all over again:

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 AssistAndre Snyman Tel: 0861 628 628

Credit Matters021 431 9100info@creditmatters.co.za

CS Debt CounsellingBernidene Smith NCRDC 764057 352 4115/352 5000Welkom - Free state

Darran ManikamNCRDC704debt@mailbox.co.za

Debtbusters0861 663 328 (NO DEBT)

Debt Budgetph. 021 701 7744

Debt Solve Debt CounsellorsOffice: 033 397 0945

DebtSafe0861 100 999

Debt RehabColleen Van Wyk(BCom, LLB)Debt Counsellor NCRDC2619Tel: 083 290 0848Tel: 011 740 7374Fax: 086 716 9694Website: http://debtrehab.co.za

Debt RescueNeil RoetsNCR DC 474Cell: 083 644 7406Tel: 0861 800 009Fax: 086 523 0617E-mail: admin@debtrescue.co.zawww.debtrescue.co.za

Durban Debt Counselling ServicesSuite 112, 1st floor Union Club Building353 Sm ith StreetDurban, 4001Tel: 031 301-7893Fax: 031 301-5809phumla.ngema@telkomsa.net

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 fincorpdc@yahoo.com

Holistic Debt Counsellorsinfo@holisticdc.co.za

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 / cambouris.christina@gmail.comwww.mgconsulting.co.za

SERVICE DIRECTORY

NDA Debt CounsellorsYour Trusted Debt CounsellorsGary Williams (NCRDC 143)Tel: 034 315 3880 Fax: 086 612 4112gary@ndad.co.za www.ndad.co.za

Think Green Debt CounsellingSandi Pauwsandipauw@mweb.co.zaTel : 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 indigodc@iburst.co.za

Zuné Coetzer Debt CounsellorsNCRDC 159924 van der Stel StreetDan PienaarBloemfonteinTel: 051-4364515Fax: 086 5870 845Email: zunecoetzer1@gmail.com

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: herman@drssa.co.za

DRS CRADOCKOffice: 043 721 0652

DRS QUEENSTOWNHerman Marais Cell: 082 378 3743 Email: herman@drssa.co.za

DRS MTHATHAHerman Marais Cell: 082 378 3743 Email: herman@drssa.co.za

EASTERN CAPE:

DRS ALBANYOffice: 041 373 9693Email: dcfull@drssa.co.za

DRS ALGOAMarius WeyersCell: 083 497 3219Email: marius@drssa.co.za

DRS BOND CHOICE P.E.Andrea AtkinsonOffice: 041 393 7000Email: andrea.atkinson@drssa.co.za

DRS CENTRAL EXPRESSDerryn FishOffice: 041 373 9693586 2020Email: derrynfish@drssa.co.za

DRS DESPATCHIsabe LandmanCell: 072 337 3328Office: 041 933 1189Email: isabe@drssa.co.za

DRS HUMANSDORPMorne SteynCell: 083 298 8182Office: 042 291 0135Email: Morne@drssa.co.za

DRS NKONKOBE (Fort Beaufort)Bernadine von der DeckenCell: 083 2859289Office: 046 645 1898Email: bernadine@drssa.co.za

DRS KIRKWOODKeith Le RouxCell: 073 207 1675Office: 041 451 0474Email: keith@drssa.co.za

DRS PORT ELIZABETHDerryn FishCell: 084 515 6135Office: 041 453 8961Email: derryn@drssa.co.za

DRS SIDWELL EXPRESSKeith Le RouxCell: 073 207 1675Office: 041 451 0474Email: Keith@drssa.co.za

DRS SOMMERSET EASTLuther De BruynCell: 082 568 2970Office: 042 243 1107Email: luther@drssa.co.za

DRS UTENHAGELynn LindoorCell: 083 7174 183Email: Lynnl@drssa.co.za

FREESTATE:

DRS GOLDFIELDS (Welkom)Irvin Billy (Derryn Fish)Cell: 072 114 4427Office: 081 319 0083Email: Billy@drssa.co.za

DRS MANGAUNGAmanda JohnsonOffice: 041 373 9693Email: dcfull@drssa.co.za

DRS FOREISTATA EXPRESS (Bloemfontein)Derryn FishOffice: 041 373 9693Email: dcexpress@drssa.co.za

DRS SOUTH FREESTATENelmarie De langeCell: 079 236 3615Office: 053 591 0734Email: nelmarie@drssa.co.za

GARDEN ROUTE:

DRS DE AARVeronique Louw (Derryn Fish)Cell: 076 382 2020Office: 053 631 1189Email: deaar1@drssa.co.za

DRS GEORGEFrancois Van ZylCell: 079 522 1930Office: 044 874 2820Email: francoisv@drssa.co.zaDRS EDEN (Hartenbos)Bruno MertschTel: 042 291 1083/4Email: brunom@drssa.co.za

GAUTENG:

DRS CENTURION EXPRESSAmanda JohnonOffice: 041 373 9693Email: dcfull@drssa.co.za

DRS LYNNWOODJunique JuliusOffice: 012 807 4339Email: lynnwood1@drssa.co.za

DRS PRETORIA EXPRESSBen VermeulenCell: 082 442 8654Office: 012 331 2145Email: bverm@lantic.net

DRS PRETORIA NOORDOffice: 041 373 9693Email: dcfull@drssa.co.za

DRS ROODEPOORT EXPRESSDerryn FishOffice: 041 373 9693Email: dcexpress@drssa.co.za

DRS RUSTENBURG Amanda JohnsonOffice: 041 373 9693Email: dcfull@drssa.co.za

KWA ZULU NATAL:

DRS GREYVILLEVyas JuggernathCell: 083 206 0300Office: 031 309 8716Email: vyas@drssa.co.za

DRS KOKSTADMelanie LouwrensCell: 083 269 0424Office: 039 727 1430Email: melanie@drssa.co.za

DRS MORNINGSIDE DURBANErica Mtshali (Amanda Johnson)Cell: 076 578 8660 Office: 031 301 5990email ericah@drssa.co.za

DRS PHOENIXVyas JuggernathCell: 083 206 0300Office: 031 309 8716Email: vyas@drssa.co.za

DRS PIETERMARITZBURGSanele ZuluCell: 083 543 3487Office: 033 394 8319Email: sanele@drssa.co.za

WESTERN CAPE:

DRS BELLVILLEPatricia BekkerOffice: 021 948 8523 / 4Email: patricia@drssa.co.za

DRS DIAMONDClive PalmerOffice: 021 421 8563Email: clive@drssa.co.za

DRS TYGERBERGCraig LakeyCell: 082 627 0957Office: 021 945 4062Email: craiglakey@drssa.co.za

DRS WEST COASTMarius CoetzeeCell: 082 978 4407Office: 022 713 3766Email mariusc@drssa.co.za

DRS SALDANHAMarius CoetzeeOffice: 022 713 3766Email: mariusc@drssa.co.za

DRS SOLUTIONSChristelle de VilliersCell: 084 586 5600Email: cdv@vodamail.co.za

U-Win Debt CounsellorsCoreli Roos - NCR DC 509Aliwal North, Burgersdorp, Bethulie, GariepDam, Smithfield, SpringfonteinCell:079 626 66241croos@global.co.za

Rihanyo Debt Counselling(012) 804 50 57

SUPPORT SERVICES

Staff Line Ndizani Executive RecruitmentCell no: 083 3028163Direct Line: (011) 468 - 2150E- Mail: saki@staffline.co.za

Blank DesignFor all design and marketing needs including websites, brochures, business cards etc.Steve Rosenbergsteve@blankds.com083 700 2020www.blankds.com

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

TRAINING

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

FINANCIAL

ABSA Customer Debt Repair Line0860 356 356

Credit Ombudsman0861 662837

Experian011 799-3400 debtcounsel@experian.co.za

Eric StresoFinancial PlannerB Juris LL B CFP MBATel: 0833273358Fax: 086 612 7912Fair Debt0829019788 or 012-3772558ray@fairdebt.co.za

PACFIN Financial Solutions Head OfficeTel: +27 11 9757445Fax: 0865368783

36 Van Riebeeck roadKempton Park 1619pieter@pacfin.co.zaMonte Carlo BuildingNo 8 VoortrekkerstreetKempton Park 1619

Kempton ParkContact: Reyno CoetzeeTel: +27 11 3945363Fax: 0866048002Cell: +27 73 3690884kemptonpark@pacfin.co.za

Boksburg / GermistonContact: Armand PosthumusTel: +27 11 8921911Fax: 0865620378

NelspruitContact: Ann BakerTel: +27 13 7415559Fax: 0880 1374 15559Cell: +27 82 9024236jeleroux@telkomsa.net

SpringsContact: Wynand MclachlanTel: +27 11 8113728Fax: +27 11 8113728Cell: +27 83 2754014/5wynmc@telkomsa.net

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.zaSuite 23(B) Unit 8 Waverley Business Park Mowbray 7700

Scheepers AttorneysGerhard Scheepersschlaw@iburst.co.za

LUCID AttorneysTel: 011 880 1100Fax: 011 880 1101Email: info@lucidsa.comwww.lucidliving.co.za/attorney

Ludick Attorneysbev.ludickattorneys@gmail.com

Prinsloo & AssociatesAttorneys and conveyancersNanika Prinsloo Farm Bergamot, Paarl 7620P O Box 6199, Paarl 762014 Laing Street, Barrydale 6750Cell: 072-8558-106Fax: 086-623-5986nanika@vodamail.co.zawww.empowerlaw.co.za

RM Brown and Associates 601 Pier House, 13 -17 Heerengracht, Cape TownDocex 138 Cape Town t: 021 431 9127 f: 021 425 0875 e: lodea@rmbrown.co.zaAgiliti 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

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

If you want to subscribe, advertise or be listed in our directory please contact us! magazine@debtcounsellingsa.co.za