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Debtfree South Africa’s debt counselling magazine

February 2012 www.debtfreedigi.co.za


DC debt? It is understood that when a consumer applies for debt review, they are struggling to meet their debt obligations, and may have a spotty repayment history. Naturally so, or the consumer would not need help. It could be that the consumer received a Section 129 Notice, which advised them to approach a debt counsellor for advice, because a creditor is about to send them a summons.

the proposals into a court application and have the matter set down at court. It is a real blow to a Debt Counsellor if, after doing all of this hard work, the consumer simply decides not to make their payments. All this work has been done, and the DC is going to struggle to recover the funds owed. What can they do? In the last 3 months theDCI have helped DC’s collect over R180 000 owed to them in restructuring fees, legal fees and after-care fees. At present, theDCI is helping over 50 DC’s collect approximately R7.2 Million owed, all at no upfront costs!

It is therefore a great thing when a Debt Counsellor can consult with a troubled consumer, and help them to adjust their household budget, and make proposals to their creditors based on what they realistically can afford to pay each month. The Debt Counsellor will then, For more info login at www.thedci.co.za after some negotiation, even help turn and click on “collections”


CONTENTS 02

DC Debt

03

Editors notes

05

News, news, news...

12

The Con-Court Section 129

17

They came to my home

23

CPA part two

24

ABSA & AllProDC Meeting

25

Service Directory

EDITOR Traditionally February is a difficult month for consumers. Gone are the false hopes brought about by end of year resolutions and desperately needed holidays, sadly the harsh reality of another month end (January) coming and going with it’s trail of bills and extra costs like school books and clothes have generally left consumers crushed in it’s wake. So, as some people get a gooey giddy feeling as valentines day approaches, many other consumers are hitting rock bottom. Fortunately here in SA they can look to Debt Counsellors for help in trying to face the future with some sort of plan. First off, well done consumer on realizing you

need help! Sticking your head in the sand is the worst thing to do. Secondly, well done DC’s for staying in the industry and fighting to balance consumer’s rights with the needs of creditors. Thirdly, well done creditors if you are not just issuing 86(10) and trying to undermine the system. It must be said that the “Big Banks” seem mainly responsible for not co-operating with the debt review process and trying to find ways around the National Credit Act to get at consumers assets. Not the Debt Review departments (who want jobs) but often the Legal Departments. Shame on you if you are one of these short sighted creditors. Most creditors continue to see the benefit of free collections in the form of Debt Review however the banks are fighting about the wording of notices they send to consumers when they want to go after their assets and we look at that in this issue along with info on the CPA and tactics used by some unscrupulous creditors. So consumers, make your payments, get educated, stay strong and get yourself debt free!

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INDUSTRY

CONSUMER

NEWS FLASH For daily debt counselling news visit www.debtfreedigi.co.za ABSA on Forum ABSA was formally invited to be a member of the Concerned Debt Counsellor Forum (http://debtconcern.webs.com/)and have provisionally accepted the invitation. It is hoped that they will be able to add their voice to the forum and present a credit providers outlook on pressing matters in the industry. ABSA have noted that they have provisionally agreed to utilise the forum as a communication channel, and information sharing platform. The forum will however not be a stage to resolve complaints for ABSA.

theDCI Collect for Debt Counsellors The Debt Counselling Industry (a service providing and communication platform) are doing collections of money owed to some 50 debt counsellors country wide. They report that these DC’s have fees outstanding from consumers to the tune of 7 million Rand. In the last few months, they have recovered around R180 000 for various Debt Counsellors.

theDCI provide Western Cape Stats re: Debt Counsellor numbers In Sep ‘11, there were 382 DC listed by the NCR in the Western Cape. When theDCI tried to contact them, using information on the NCR’s website, there were 98 wrong numbers. The NCR could not provide correct numbers.

Of the 284 contacted, 52 had not been actively practicing for more than 2 years. This left 193 confirmed DC’s in the province that theDCI could definitely confirm as still registered, although some were not taking on new clients. This year in February, theDCI once again contacted these DC’s. In less than 5 months, a further 63 were no longer practicing. There had been a further 24 DC’s who’s details had changed, but had not been updated on the NCR’s website. There are now approximately 145 practicing DC’s in Cape Town and surrounds (including the Westcoast & up to Bredasdorp) which theDCI can confirm, 22 of which are not taking on new clients. Meaning there are only 123 DC’s taking on new clients in WC .

FNB act in bad faith in Debt Review FNB recently got themselves into trouble in the Durban High Court while trying to get judgment in regard to a bond account of consumers under debt review. KZN High Court Judge Fikile Mokgohloa even described FNB as “reckless” in failing to participate in good faith in the debt review process involving the home owners Nagine and Kursheda Raheman. The couple had been under debt review since January 2010 and had been making restructured debt repayments according to proposals sent since February to FNB by the debt counsellor. The proposed repayment amount had even


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NEWS CONT. been increased in a second set of proposals in March 2010. In May 2010, the proposal was set before the Durban Magistrates Court. During all this time, the bank did not object to the proposals made nor did they make any suggestions, and the Rahemans’ continued to make payments via the debt review process. However at the High Court, FNB claimed in their papers that it was entitled to try auction off the consumer house, as it had terminated the debt review in accordance with National Credit Act, and that notice of this had been sent to the Rahemans in April 2010. FNB had then sent the consumers a summons and made application at the High Court. This practice seems to be becoming increasingly common as many banks are sending these 86(10) notices to consumers even though they are paying funds each month and trying to settle their debts in a responsible way. Defending matters at High Court can be very costly and many consumers are hesitant to go and defend their rights. Not so with the Rahemans. They were determined not to let the bank simply take their house and made sure they had their say in defense of their actions and explained how they had been responsibly paying toward the debt via debt review. Judge Mokgohloa found that the bank had failed to participate meaningfully in the debt review and said: “The legislation obliges the consumer and credit provider to participate in good faith in the review, and any negotiations should result in responsible debt rearrangement…The bank failed to respond to the proposals… I am of the view that the plaintiff’s failure to participate in the review proceedings is reckless.” Judge Mokgohloa dismissed the application from FNB with costs. Which means that

FNB had to pay for the whole court process. Judgments like this are becoming common as the courts are defending consumers rights to make payments via debt review.

Std Bank are getting too many complaints to do their job Standard Bank have issued this statement regarding delays in responses regarding debt review and complaints related to debt review in Feb 2012: We have, in the recent weeks, experienced a high influx of queries and complaints which have adversely impacted our turnaroundtime. As a result, our queries and complaints are not being resolved within the stipulated turnaround time of five business days. We apologize for the inconvenience that this is causing. We assure you that all the matters are being given the attention they deserve. It seems that because clients and DC’s have too much to complain about they can’t get all their work done. This may relate back to 86(10) campaigning by the bank.

ABSA 86(10) date “technical glitch” ABSA Debt Review Department sent out a notice in Feb to consumers and DC’s regarding some incorrectly dated 86(10) termination notices. The notice stated that: In response to the termination letters dated 17 January 2012 and received on 03 and 04 February 2012... Kindly be advised that there was a technical glitch with our Printing Department, which resulted in letters being delayed. This was only brought to our attention on Saturday, 04 February 2012, that the dates on the letters were not amended accordingly


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NEWS CONT. to reflect the correct date of issuance. We would like to confirm that you are afforded the 10 day window period from the date of receipt to respond where need be. Kindly forward the necessary supporting documents to drterminations@absa.co.za to review and we will advise you accordingly. We sincerely apologise for the inconvenience caused in this regard. Regards |ABSA Debt Review

Deputy President: Joseph de Broize Secretary: Philippa Davis Deputy Secretary: Mauritz van den Heever Treasurer: Mel da Silva Member: Tony Richards Member: Ancil van Heerden Then there are the regional representatives: Eastern Cape Branch Representative: Anton van de Venter Gauteng Branch Representative: Russell Dickerson This follows on after the bout of complaints Kwa-Zulu Natal Branch Representative: Kobus relating to 86(10)s issued by ABSA at the end du Toit of December (mainly on or around the 22nd Western Cape Branch Representative: Annora Dec) which many DC’s received a huge batch. Mostert Normally creditors invite Debt Counsellors and finally the new post of CEO: or consumers to contact them during the 10 DCASA CEO: Wikus Olivier day period mentioned in order to sort out any complications but due to the holidays and office closures this presented a huge problem DC’s find themselves under debt review... at that time of year. clerical error Corne Myles (a DC) has joined many other DC’s Creditors issue 86(10) letters primarily when in being captured as “under debt review” by a they wish to pursue legal action against a credit provider. In this case, ABSA captured the client instead of sorting a matter out through incorrect details on a court order for a consumer debt review. and rather than capture the consumers name they captured the debt counsellors ID number. This is something that has happened to many debt counsellors. ABSA were quick to assist in removing the debt review status from their systems . This is not the first time ABSA have made this mistake with Corne’s accounts. Last DCASA choose new National Executive year the same thing happened and was also Committee for 2012 sorted out after some paperwork was sent Just in case you were wondering who does back and forth. At least Corne’s clients can say what at the Debt Counselling Association that their DC really knows what it is like to be of South Africa, here is the DCASA National under debt review. Executive Committee structure for 2012: NEC: President: Paul Slot


NEWS CONT. 22 Loans from the same Creditor? A Cape DC has reported a single consumer with 22 loans/accounts from African Bank. African Bank have made provision for the consumer to pay off the debts at basically no interest whatsoever, bringing the consumers obligations down from R16 000 each month to a far more realistic R5000 monthly.

Vehicle sales commission earners sigh with relief. Vehicle sales statistics are showing around a 7 – 8% increase in sales in recent months compared to last year. Among other factors there has been an increased demand for new vehicles from rental companies accounting to about 17% of the new vehicles sold. New vehicles are also showing increases in sales compared to second hand vehicles.

NCR in Soweto The National Credit Regulator (who has been very quiet over the last few months) did a press promotion and consumer education appearance in Soweto this month. They mentioned some interesting stats: the NCR has received over 440 000 phone calls to their call center since opening their doors, and the NCR website has over 1 million hits since going live. However many DC’s are still complaining that after being in business for almost 5 years they have never received a single consumer referral from the NCR. The NCR has registered 4,815 credit providers (508 matters involving these creditors have been investigated), 2,023 debt counsellors (146 matters involving DC’s have been investigated) and 11 credit bureaus.

Constitutional Court The Sebola (& NCR & SERI) v Std Bank (& BASA) Constitutional Court application re: Sect. 129 meaning of the word “deliver”, and whether a consumer needs to know if a creditor is taking legal action against them was heard on Tuesday 14th February, Judgment was reserved. To find out more about what this all means and what the arguments were, read the article in this issue.

The Rand does well The Rand hit 7.77 to the US$ on Thursday 26th January, its strongest level in nearly three months. The currency continues to hold its ground despite economic turmoil worldwide.

More Debt review enquiries this year Debtbusters (a big DC company) report that they were getting around 1000 enquiry phone calls about debt counselling each week in January ‘12 compared to 300/week last year January, showing an increase in activity in the industry this year as consumers continue to feel the pinch of increased prices and non increasing wages.

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INDUSTRY

CONSUMER

The Constitutional Court considers Section 129 Sebola and Another v Standard Bank When it was heard14 February 2012

Section 129:

Section 129 of the NCA (which applies to all mortgage bonds and most other credit agreements) sets out steps that the credit provider must take if a consumer defaults. The section says that after 20 days of being in default, the creditors should “draw the default to the notice of the consumer in writing� before debt enforcement. This would include notifying the consumer of the default (missed payments), and proposing that the consumer refer their credit agreements to a debt counsellor or to another form of alternative dispute resolution for the parties to resolve any dispute or agree on a plan to bring the payments up to date and sort out their debt problems.

The Constitutional Court:

The question that the Constitutional Court needs to answer, is whether a consumer can say they never got the notice, or that it was never drawn to their notice as a defense to a court application to enforce the credit agreement (like if a bank sends a summons and wants to sell a persons home). The Supreme Court of Appeal and a number of High Courts, have in the past decided that it is not a defense to such a matter for a consumer to say they did not receive the notice.


Mashilo & Nombeko Sebola

Mr & Mrs. Sebola, were behind on their bond repayments (they got a bond of just over R1 million in Nov 2007) when Standard Bank eventually decided they would like to sell the house on auction rather than continue to try get the Sebolas’ to solve the problem. The plan was to kick the Sebolas out their house, sell it on auction, and then ask Mr Sebola to pay off the shortfall (if there was one) over time. They even sent him letters and notices by registered post and later a summons about all of this, he did not however, receive any of the documents, as the Post office sent them to the wrong town. So Standard Bank went off to court...without the Sebolas’. When Mr Sebola later learned that the bank had already got a judgment against him in September ‘09, he made an application to the South Gauteng High Court for rescission of judgment to stop the bank selling his place. In that application he raised as a possible defense the fact that he did not receive a section 129 notice. In August ‘11 his application was dismissed on the basis that the bank need only show that it sent the notice, not that Sebola received it. Judge Phillip Boruchowitz said the question at issue had been authoritatively settled by the Supreme Court of Appeal last year. The SCA had ruled that it was sufficient to establish compliance if there was delivery of the notice in the manner chosen by the consumer in his contract, and that actual receipt was the consumer’s responsibility. Judge Boruchowitz said the high court could not depart from the decision of the Supreme Court of Appeal and was bound by it. Later a full court of three judges on appeal at the court ruled the same. Most Consumers would have backed off at this point and let the house be sold even though they had tried their best to remedy the situation, however, with a little financial help and a tough attitude the Sebolas decided to take things further...to the Constitutional Court. “The finding by the (appeal court) in the Rossouw decision that the responsibility of the delivery of the National Credit Act section 129 notice is squarely placed on the shoulders of the consumer … cannot be acceptable in a democratic society based on human dignity, equality and freedom,” Mr Sebola said in his affidavit to the Constitutional Court in October ‘11. By this point SERI, the NCR and BASA had got involved as friends of the Court.

Standard Bank

Represented by Chris Loxton Std. argued that they had already abandoned the judgment they got without Mr. Sebola knowing and the matter is now moot. They pointed out that Mr Sebola had been behind on his payments for a year already before they sent him the notices and summons. Standard Bank stand by the many judgments of various courts which say that say that a creditor only has to send out a notice, not that a consumer needs to actually get it, before they take legal action. They say that their contracts set out how consumers say they want to receive information and at which address they want to get notices. If consumer move etc. it is up to consumer to notify the bank of the change.


INDUSTRY

CONSUMER

amicus curiae Friends of the Court

Represented by Stuart Wilson SERI was admitted as amicus curiae (or a friend of the court) in the Sebola case because they said their argument was unique and not presented by Mr Sebola. Basically SERI say that, even though the matter is “moot”, it is nonetheless in the interests of justice for the Court to consider the interpretation of section 129 of the NCA. They say that a section 129 notice informs a consumer of important statutory rights which are essential to ensure that sales in executions of homes are constitutionally valid. Its actual receipt by a consumer must be required before a credit provider can enforce a credit agreement. Nonetheless, the credit provider does not need to prove in advance that a consumer has received a notice in terms of section 129, and it will always be for a consumer to raise non-receipt of the notice before court as a defense. Once it is established that a section 129 notice has not made its way to a consumer, SERI contends, a Judge should postpone the proceedings to allow the consumer to consider the contents of a section 129 notice during the next 10 days and decide whether to exercise any of the options set out in it. SERI also proposed that the court declare that section 129(1) of the Act requires that the notice issued in its terms “comes to the attention of the consumer”.


Represented by Matthew Chaskalson The NCR who regulate the credit industry register credit providers and are tasked with consumer education regarding the NCA. Since this matter has to do with the Act they wanted to be involved. The NCR took the side of the consumer in this matter stating that consumers need to know what options they have. Essentially they also say that the exercise of the consumer’s rights triggered by receipt of the notice, such as referring the credit agreement to a debt counsellor, would be of no effect if the consumer doesn’t receive the notice and learn about them. The NCR want to promote nonlitigious methods to resolve such cases where possible. They have been quoted as saying “There is a lack of capacity in the court system to deal with the volume of credit-related cases, and given the ever-increasing volume of such cases, this backlog continues to grow”. They say that where alternative dispute resolution is pursued (eg. debt counselling) customers are more likely to go on to make payments. Of course, other courts have made this a non issue by excluding accounts, where a section 129 notice has been sent, from debt review. However Debt Counsellors can help consumers pay in full or according to an arrangement for that particular account while paying less to all their other debts. The NCR argue that in cases where an opportunistic consumer deliberately

fails to collect a registered letter, the credit provider can protect itself by having a sheriff deliver the notice. It would cost between R28 and R44 on average where needed, and these costs would be born by the consumer, and would be minor compared to the cost of enforcing the credit agreement through legal means. Mr. Chaskalson, said the poor stood to lose the most in terms of executions since they were most likely to face service delivery issues regarding changed or hard to deliver to domicilum addresses etc.

Represented by Gilbert Marcus, SC BASA are concerned that if creditors have to send a sheriff of the court to serve documents like a section 129 letter on consumers it will slow down their collection process and that it will add some costs to offering credit. This is even though any extra costs for such action are simply added to consumers accounts. They are concerned as Basa spokesperson Nicky Lala-Mohan said that every consumer could just say they never got the notice and then the creditor would have to send it to them again. They have been criticized for over dramatized the situation by saying that this matter could “endanger the entire credit industry”. They have also said in what sounds like a threat, that “It would make the business of providing credit even more risky and onerous than it already is, which would have a chilling effect on the South African credit market”.


Questions asked & discussed by the Court: Justice Edwin Cameron wanted to know about the risks to the credit market if banks could not exercise their rights in the usual way. Chief Justice Mogoeng Mogoeng wanted to know: “How do you stop abuse from a debtor who simply refuses to pay and says, repeatedly, that they never received a notice?” Judge Johan van der Westhuizen said that consumers might think “I am not going to open this thing because the bank is probably after me,” Judge Yacoob, who is blind pointed to other possibilities with “ a consumer who can’t see”. Other scenarios discussed included a child or an angry spouse throwing away the notice without the consumer even knowing it had been delivered.

Why it doesn’t matter

Why it could matter

Even though the Section 129 Notice tells consumers to go for debt counselling courts have ruled that if a consumer gets a section 129 notice for an account before applying for debt review then that account can’t be added into their debt review...their other accounts can but not that one.

If consumers don’t get the notice they won’t be advised to go for debt counselling. If the court rules that consumers must become aware of the notice or that another 10 days must be given to consumers then conssumers could apply fro debt review before getting these notices come into effect and they could have these accounts included in their debt review

Result:

Judgment has been reserved.


CONSUMER

They came to my home

Debt Review consumers are reporting to their Debt Counsellors that they are receiving visits at their homes from representatives of the major banks. One DC reports three consumers who have had visits from the credit providers at their homes in the last few days. Two received phone calls from collection people, representing the bank, requesting meetings in the evening at their homes. One consultant did not even call the client, they just pitched up at their house in the evening. The consultants then inform the consumer that they are “no longer under debt review” but that they can “help them” to put a payment plan in place. With so much confusion at the banks regarding bulk 86(10) drives it is seldom that the banks even acknowledge that consumers are under review any more. However it seems these visits target consumers in the process. The consultants tell consumers that all they would need to do is sign the banks paper work

which includes an Acknowledgement of Debt and paperwork which states that the consumer has now chosen to work directly with the bank and agree to a payment arrangement. In some cases the rate and amount asked for is shockingly less than that agreed to by the bank in the person’s court application for debt review. Consumers are advised to avoid signing any such documents. However when consumers have told consultants that they would not sign the papers they have been threatened with legal action, as according to the consultants, this matter was now “beyond their control” without the signed documentation. DC’s have contacted the major banks involved requesting information about why consumers are getting these visits, needless to say, no response has been forth coming. If you receive such a call or visit please inform your Debt Counsellor and your representing attorney.


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UNITED WE STAND CONSUMERS: DID YOU KNOW? You can find verified Debt Counsellors who are currently registered with the National Credit Regulator, who are taking on new clientele and are practicing in your area on theDCI site. For more information: https://thedci.co.za/consumers_debt_counselling.php

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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 Office Willie Boshoff – pda27@dcpartner.co.za Arnold Steyn – pda28@dcpartner.co.za Herman Joubert – herman@dcpartner.co.za 044 873 4440, 044 873 4530, 044 873 4532 DC Partner Gauteng Office Francois Van Zyl – francois@dcpartner.co.za Konstant De Vos – vossie@debt-wise.co.za 012 348 7624


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INDUSTRY

CONSUMER

A CLOSER LOOK AT THE CONSUMER PROTECTION ACT 68 OF 2008 In this and articles that follow some aspects of Today it is a requirement for consumers to the Consumer Protection Act 68 of 2008 [CPA] be able to visually inspect goods; that all will be considered agreements must be in writing; that consumers must be given notice of legal action against THE CONSUMER PROTECTION ACT 68 OF 2008: them, this includes the rendering of services PART TWO by attorneys – many never thought this would be included, in the Act but the definition of It is important to note that the CPA does not ‘services and goods’ does indeed make such a apply to every party. As in all Acts, exemptions provision. were included in the CPA, such as the following The CPA also brought about some changes entities: to “trading as” names. In the past, one could The State – supply of goods and services in just buy a company off the shelf and go into terms of section 5(2) (a). business. Now however, should you have a Big Business – sales and services exceeding R2 company or close corporation e.g. EXPRESSO 000 000 to juristic persons such as companies, CC trading as HARMONY GOLD PROPERTY, closed corporations etc) and who is not a sole then the name “HARMONY GOLD PROPERTY” proprietor – see section 5(2)(b). must now also be registered. Credit agreements – no credit agreement can Companies need to be aware that their refund be challenged under this act – see section 5(2) and marketing policies need to be revisited to (d). meet the criteria of the CPA, e.g. competitions Auctions – goods purchased at auctions are must now be structured according to the Act not subject to this act but the actions by the to ensure consumers are not “exploited”. So, auctioneer are subject to the rules of this act. common adverts such as ‘make a call at R1.50 Employment services – are not subject to this and win a car’ have been stopped, as it implies act – see section 5(2)(‘e). something untrue. Collective Bargaining Agreements – are Furthermore the courts are required to exempted in terms of the Constitution and interpret the CPA in favour of the consumer. Labour Relations Act – see section 5(2)(f). The CPA has put more rights in place for Exemptions by the Minister – see sections 5(2) consumers. Service providers have to abide (‘c), 5(3)(a) and 5(4). with changes brought about by the Act or they stand to face the consequences thereof. The main aim of the CPA is to protect consumers against ruthless suppliers and credit providers. Adv Hennie v Rensburg One could therefore argue that South Africa advhvr4580@gmail.com has become a leader in consumer protection. www.legalissues.co.za


INDUSTRY

ABSA & AllProDC Meeting February 2012 An official meeting was held on the 7th of Feb 2012 between ABSA and the Alliance of Professional Debt Counsellors. They met to discuss problems facing the debt review industry and concerns regarding ABSA’s service. Mr. Paul Nieuwoudt of AllProDC, assisted by Mrs. A Pretorius, met with among others the new Manager of Business Partner Relations, Grace Nkomo (Featured in the Jan 2012 issue of Debtfree DIGI). The AllProDC representatives described her as being “on top of her game and very well informed.” The meeting was said to be “fruitful” and ABSA was informed of the more than 60 debt counsellors on the Concerned Debt Counsellor Forum who are considering a joint group complaint in regards to the recent increase in termination notices received. AllProDC are saying that many of these 86(10) termination notices tend to be unlawful or unfounded. More than 500 complaints could originate from the 60 debt counsellors who are considering the joint complaint. ABSA was shocked to hear this. Especially in view of their recent drive to remove backlogs and increase turn-around times etc. They have encouraged these Debt Counsellors to bring their concerns to ABSA through the correct channels. They have stated that even

though ABSA members might be active on the concerned DC forum, they intend to use the forum “as a communication channel and information sharing” platform, rather than complaints handling. AllProDC are currently collecting complaints from members of their association as well as other DC’s (belonging to DCASA or who maybe do not belong to any association) to be handed to ABSA in bulk. AllProDC have said that should ABSA fail to meet their deadline (to be announced) and resolve the complaints, they will escalate matters to NDMA and NCR for further investigation. ABSA have urged Debt Counsellors to use their established communication entry points and complaints process since they feel these will afford the speedy resolution of issues. ABSA entry points details: Email: debtreviewqueries@absa.co.za Should there be no response from these then matters can be escalated to the Service Fulfillment Manager email box: Debtreviewmanager@absa.co.za The meeting was described by AllProDC as “ground breaking” and “a triumph for the debt counselling industry”. ABSA say they value the role played by Debt Counsellors and would like to maintain a positive working relationship with all key industry role players.


SERVICE DIRECTORY DEBT COUNSELLING AA Debt Counselling Centre Anthea Johannes NCRDC531 Tel: +27 (0) 21 982 0522 Cell: +27 (0) 84 402 7032 Alan Watts NCRDC 962 NCR registered Debt Counsellor Tel: 084 4448439 Fax: 086 6501954 alan@active-debt-counselling.co.za www.active-debt-counselling.co.za Central SA Debt Counsellors 082 950 7806 Fax: 086 563 1621 Consumer Assist Johann Vermeulen Tel: 0861 628 628 Credit Matters 021 431 9100 info@creditmatters.co.za CS Debt Counselling Bernidene Smith NCRDC 764 057 352 4115/352 5000 Welkom - Free state Darran Manikam NCRDC704 debt@mailbox.co.za Debtbusters 0861 663 328 (NO DEBT) Debt Budget ph. 021 701 7744 Debt Solve Debt Counsellors Office: 033 397 0945

DEBTINC NCRDC’s 1071, 1188, 1189. Tel: (022) 713-2021 Fax: (022) 713-2028 Share Call: 0861 20 21 20 E-mail: Info@debtinclusive.co.za Website: www.debtinclusive.co.za SMS: HELP to 35075 DebtSafe 0861 100 999 Debt Rehab Colleen Van Wyk(BCom, LLB) Debt Counsellor NCRDC2619 Tel: 083 290 0848 Tel: 011 740 7374 Fax: 086 716 9694 Website: http://debtrehab.co.za

Durban Debt Counselling Services Suite 112, 1st floor Union Club Building 353 Sm ith Street Durban, 4001 Tel: 031 301-7893 Fax: 031 301-5809 phumla.ngema@telkomsa.net Debt Counselling South Africa Cape Town Branch Tel: 021 919 66 94 Rod De Witt NCRDC831 Visit: www.debtcounsellingsa.co.za Debt Knowledge Debt Counselling 082 379 2337 Debtonators 041 585 0276 Fincorp debt Counsellors cc Cecilia Zwarts fincorpdc@yahoo.com Holistic Debt Counsellors info@holisticdc.co.za Helpdesk Debt Counsellors Allan Hoffman Tel: 0861 000 754

Debt Rescue Neil Roets NCR DC 474 Cell: 083 644 7406 Tel: 0861 800 009 Fax: 086 523 0617 E-mail: admin@debtrescue.co.za www.debtrescue.co.za

Help-U-Debt (Vaal Triangle) Wanine Tel: 082 445 3967 Help-U-Debt (Potchefstroom) Madra 083 390 3275 Help-U-Debt (Parys) Marilouise 082 920 6249


Help-U-Debt (Vanderbijlpark) Herma 083 320 8303 MG Consulting NCRDC 1403 Strand - Helderberg Area Telkom : 021 853 4537 Mobile Phone: 082 450 7459 / 082 782 0595 Fax Number: 0866 220 690 E-Mail: info@mgconsulting / cambouris.christina@gmail.com www.mgconsulting.co.za NDA Debt Counsellors Your Trusted Debt Counsellors Gary Williams (NCRDC 143) Tel: 034 315 3880 Fax: 086 612 4112 gary@ndad.co.za www.ndad.co.za Think Green Debt Counselling Sandi Pauw sandipauw@mweb.co.za Tel : 012 991 6638 Cell : 082 460 7800 Fax : 086 219 2615 Incentive Debt Counselling “Paving the way to a Debt Free Tommorrow” Darran Manikam NCRDC704 Tel: (031) 409 9379 Fax: (031) 409 1327 Cell: 0845898286 Branches: Phoenix and Shallcross Indigo debt counsellors CC Tel: 087 808 9734 Fax: 086 580 8675 indigodc@iburst.co.za

Zuné Coetzer Debt Counsellors NCRDC 1599 24 van der Stel Street Dan Pienaar Bloemfontein Tel: 051-4364515 Fax: 086 5870 845 Email: zunecoetzer1@gmail.com

EASTERN CAPE: DRS ALBANY Office: 041 373 9693 Email: dcfull@drssa.co.za DRS ALGOA Marius Weyers Cell: 083 497 3219 Email: marius@drssa.co.za DRS BOND CHOICE P.E. Andrea Atkinson Office: 041 393 7000 Email: andrea.atkinson@drssa.co.za

BORDER REGION: DRS BEACON BAY Johan Pretorius Cell: 082 324 4038 Office: 043 748 1139 DRS BUFFALO CITY Herman Marias Cell: 082 378 3743 Office: 043 7210652 DRS KING WILLIAMS TOWN Herman Marais Cell: 082 378 3743 Email: herman@drssa.co.za DRS CRADOCK Office: 043 721 0652 DRS QUEENSTOWN Herman Marais Cell: 082 378 3743 Email: herman@drssa.co.za DRS MTHATHA Herman Marais Cell: 082 378 3743 Email: herman@drssa.co.za

DRS CENTRAL EXPRESS Derryn Fish Office: 041 373 9693586 2020 Email: derrynfish@drssa.co.za DRS DESPATCH Isabe Landman Cell: 072 337 3328 Office: 041 933 1189 Email: isabe@drssa.co.za DRS HUMANSDORP Morne Steyn Cell: 083 298 8182 Office: 042 291 0135 Email: Morne@drssa.co.za DRS NKONKOBE (Fort Beaufort) Bernadine von der Decken Cell: 083 2859289 Office: 046 645 1898 Email: bernadine@drssa.co.za DRS KIRKWOOD Keith Le Roux Cell: 073 207 1675 Office: 041 451 0474 Email: keith@drssa.co.za


DRS PORT ELIZABETH Derryn Fish Cell: 084 515 6135 Office: 041 453 8961 Email: derryn@drssa.co.za DRS SIDWELL EXPRESS Keith Le Roux Cell: 073 207 1675 Office: 041 451 0474 Email: Keith@drssa.co.za DRS SOMMERSET EAST Luther De Bruyn Cell: 082 568 2970 Office: 042 243 1107 Email: luther@drssa.co.za DRS UTENHAGE Lynn Lindoor Cell: 083 7174 183 Email: Lynnl@drssa.co.za FREESTATE: DRS GOLDFIELDS (Welkom) Irvin Billy (Derryn Fish) Cell: 072 114 4427 Office: 081 319 0083 Email: Billy@drssa.co.za DRS MANGAUNG Amanda Johnson Office: 041 373 9693 Email: dcfull@drssa.co.za DRS FOREISTATA EXPRESS (Bloemfontein) Derryn Fish Office: 041 373 9693 Email: dcexpress@drssa.co.za

DRS SOUTH FREESTATE Nelmarie De lange Cell: 079 236 3615 Office: 053 591 0734 Email: nelmarie@drssa.co.za GARDEN ROUTE:

DRS PRETORIA NOORD Office: 041 373 9693 Email: dcfull@drssa.co.za DRS ROODEPOORT EXPRESS Derryn Fish Office: 041 373 9693 Email: dcexpress@drssa.co.za

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

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

DRS GEORGE Francois Van Zyl Cell: 079 522 1930 Office: 044 874 2820 Email: francoisv@drssa.co.za DRS EDEN (Hartenbos) Bruno Mertsch Tel: 042 291 1083/4 Email: brunom@drssa.co.za

KWA ZULU NATAL:

GAUTENG: DRS CENTURION EXPRESS Amanda Johnon Office: 041 373 9693 Email: dcfull@drssa.co.za DRS LYNNWOOD Junique Julius Office: 012 807 4339 Email: lynnwood1@drssa.co.za DRS PRETORIA EXPRESS Ben Vermeulen Cell: 082 442 8654 Office: 012 331 2145 Email: bverm@lantic.net

DRS GREYVILLE Vyas Juggernath Cell: 083 206 0300 Office: 031 309 8716 Email: vyas@drssa.co.za DRS KOKSTAD Melanie Louwrens Cell: 083 269 0424 Office: 039 727 1430 Email: melanie@drssa.co.za DRS MORNINGSIDE DURBAN Erica Mtshali (Amanda Johnson) Cell: 076 578 8660 Office: 031 301 5990 email ericah@drssa.co.za DRS PHOENIX Vyas Juggernath Cell: 083 206 0300 Office: 031 309 8716 Email: vyas@drssa.co.za


DRS PIETERMARITZBURG Sanele Zulu Cell: 083 543 3487 Office: 033 394 8319 Email: sanele@drssa.co.za WESTERN CAPE: DRS BELLVILLE Patricia Bekker Office: 021 948 8523 / 4 Email: patricia@drssa.co.za DRS DIAMOND Clive Palmer Office: 021 421 8563 Email: clive@drssa.co.za DRS TYGERBERG Craig Lakey Cell: 082 627 0957 Office: 021 945 4062 Email: craiglakey@drssa.co.za DRS WEST COAST Marius Coetzee Cell: 082 978 4407 Office: 022 713 3766 Email mariusc@drssa.co.za DRS SALDANHA Marius Coetzee Office: 022 713 3766 Email: mariusc@drssa.co.za DRS SOLUTIONS Christelle de Villiers Cell: 084 586 5600 Email: cdv@vodamail.co.za

U-Win Debt Counsellors Coreli Roos - NCR DC 509 Aliwal North, Burgersdorp, Bethulie, GariepDam, Smithfield, Springfontein Cell:079 626 66241 croos@global.co.za 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: info@myecommerce.co.za Web: http://myecommerce.co.za Staff Line Ndizani Executive Recruitment Cell no: 083 3028163 Direct Line: (011) 468 - 2150 E- Mail: saki@staffline.co.za

Information resources & services www.thedci.co.za Designtimes South Africa’s creative resource www.designtimes.co.za

TRAINING Compuscan Academy 0861 51 41 31 www.compuscanacademy.co.za FINANCIAL ABSA Customer Debt Repair Line 0861 005 901 Credit Ombudsman 0861 662837 Experian 011 799-3400 debtcounsel@experian.co.za Eric Streso Financial Planner B Juris LL B CFP MBA Tel: 0833273358 Fax: 086 612 7912 Fair Debt 0829019788 or 012-3772558 ray@fairdebt.co.za PACFIN Financial Solutions Head Office Tel: +27 11 9757445 Fax: 0865368783 36 Van Riebeeck road Kempton Park 1619 pieter@pacfin.co.za Monte Carlo Building No 8 Voortrekkerstreet Kempton Park 1619 Kempton Park Contact: Reyno Coetzee Tel: +27 11 3945363 Fax: 0866048002 Cell: +27 73 3690884 kemptonpark@pacfin.co.za


Boksburg / Germiston Contact: Armand Posthumus Tel: +27 11 8921911 Fax: 0865620378 Nelspruit Contact: Ann Baker Tel: +27 13 7415559 Fax: 0880 1374 15559 Cell: +27 82 9024236 jeleroux@telkomsa.net Springs Contact: Wynand Mclachlan Tel: +27 11 8113728 Fax: +27 11 8113728 Cell: +27 83 2754014/5 wynmc@telkomsa.net

FINANCIAL PLANNING Eric Streso Financial Planner B Juris LL B CFP MBA Tel: 0833273358 Fax: 086 612 7912 LEGAL

nanika@vodamail.co.za www.empowerlaw.co.za RM Brown and Associates 601 Pier House, 13 -17 Heerengracht, Cape Town Docex 138 Cape Town t: 021 431 9127 f: 021 425 0875 e: lodea@rmbrown.co.za Agiliti CC Colleen Van Wyk(BCom, LLB) Tel: 083 290 0848 Tel: 011 740 7374 Fax: 086 716 9694 Website: http://agiliti.co.za

Karen van Staden Tel: 012 998 9117 / 012 993 2132 Gooseberry Business Advisory CREDIT BUREAUS Fax: 086 721 6467 / 086 662 1153 Tel: 012 644 0589 IsEmail: it time karen@hauptearle.co.za to expand your Debt Counselling practice? Compuscan office@hauptearle.co.za Nedbank 0861 514 131 www.hauptearle.co.za Do you need specialist Attorneys with a national Debt Rehabilitation & Recoveries www.compuscan.co.za footprint? Services Scheepers Attorneys Do you need expert advice on how to protect Computer Profile Bureau 0860 109 279 Gerhard Scheepers your practice and your clients? 0861 28 7328 schlaw@iburst.co.za Are you informed about recent statutory and www.c-p-b.co.za STD Bank legal developments Debt review Helpline Experian LUCID Attorneyswithin the industry? Telephone: 0861 111 402 www.experian.co.za Tel: 011 880 1100 TransUnion Business- 0861 63 60 70 Fax: 011 880 1101 0861 482 482 Email: info@lucidsa.com Attorneys servicing individual needsConsumer- 0861 10 5665 www.lucidliving.co.za/attorney Thinkmoney Micro Lenders Credit Bureau 752 7084 Financial comparison websitePretoria: +27(0)12 998 9117 www.hauptearle.co.za Nelspruit: +27 (0)13 0861 28 7328 Contact: Gareth Mountain www.mlcb.co.za Ludick Attorneys Tel: 079 0996 798 bev.ludickattorneys@gmail.com www.thinkmoney.co.za TransUnion 0861 886 466 Prinsloo & Associates WIZARD Vereeniging www.transunion.co.za Attorneys and conveyancers Making Mortgage Magic Nanika Prinsloo Wanine Smit XDS Farm Bergamot, Paarl 7620 Tel:+27 16 454 1132 0860 937 000 P O Box 6199, Paarl 7620 Fax:+27 86 686 3678 www.xds.co.za 14 Laing Street, Barrydale 6750 Cell:+27 82 445 3967 Cell: 072-8558-106 www.wizard.za.com Fax: 086-623-5986


OTHER Association of Debt Recovery Agents: 011 781 3337 www.adraonline.co.za Banking Ombud 0860 800 900 www.obssa.co.za Credit Bureau Association 011 463 8211 www.cba.co.za

Motor Industry Ombud 012 841 2945 www.miosa.co.za National Credit Regulator 0860 627 627

http://twitter.com/Debtfree_DIGI

Ombud for Short term Insurance 011 726 8900 www.osti.co.za

Credit Providers Association 011 789 6825 www.cpa.org.za

Pension Funds Adjudicator 021 674 0209 www.pfa.org.za South African Fraud Prevention 0860 101 248 www.safps.org.za

Department of Trade and Industry 0861 843 384 www.thedti.gov.za

The Banking Association 011 370 3500 www.banking.org.za

Financial Advisory and Intermediary Services Ombud 012 470 9080 www.faisombud.co.za

SA FRAUD PROTECTION SERVICE (FREE SERVICE) www.safps.org.za 0860 101 248

Financial Services Board 012 428 8000 www.fsb.co.za Furniture Traders Association 011 789 6770 Legal Resources Centre 011 836 9831 www.lrc.org.za Long Term Insurance Ombud 021 657 5000 www.ombud.co.za Micro Finance South Africa 012 345 0809 www.mfsa.net

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Feb 2012 Debtfree DIGI theDCI Special Edition  

February 2012 theDCI Special Edition of Debtfree DIGI. Articles on theDCI as well as indusrty news. E.G. Sebola vs Std at Constitutional Cou...

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