Debtfree South Africa’s debt counselling magazine
IN THIS ISSUE Debt Vader Page 24
May 2012 www.debtfreedigi.co.za
theDCI Consumers are often taken advantage of by unethical credit providers. This was such a large problem in the past that lawmakers brought the new National Credit Act into existence partially in an effort to end these abuses. However ask yourself how many of us have read a new Act of Parliament for fun? How many consumers out there actually know all their rights? One of the big contributing factors when it comes to consumers making bad choices in regard to using and paying off credit is poor consumer education. Do you know what a Section 129 letter looks like? Do you know what it means? Have you ever seen a Summons before? What should you do if you receive one? What is a writ of execution? If any of these things sound familiar but you are not exactly sure what they are and what they mean then, it is time to educate yourself. Consumers visiting theDCI website now have the means to do this. If you visit theDCI home page and click on the “Consumers” button you will get the chance to educate yourself. Try clicking on “Legal things I should know” (on the left hand side of the
page). If you want to see what a Section 129 letter is and find out what you need to do when you get such a letter now the information is just one click away. Just click on “show” and that is exactly what theDCI will do for you. You will be able to look at the different types of Section 129 letters (from a bank or an attorney) and armed with this information you will be able to make the right choice should you ever get one of these letters. You may already have received one and only now realise how serious they are. The site is packed with information about the legal side of debt enforcement and consumer rights. Consumers might need to consider options such as Debt Counselling or sequestration or liquidation. Use the “I need help button” and figure out what steps you need to take to deal with your debt. Don’t be left in the dark when it comes to your rights under the National Credit Act. The Act addresses the huge imbalance between the big corporate credit providers and the consumer. Let the Act work for you. Visit www.thedci.co.za and educate yourself.
CONTENTS
and reducing rates etc. [see our news section for more info] The Creditor representative body (the NDMA) are even starting a pilot project over the next few months to see if it will work. All the while, the big 4 banks continue to try 03 Editors notes get paying consumers bond accounts out of 05 News debt review to auction them off. Seems like the Bank’s one hand doesn’t know what the 14 Speak to my Lawyer other is doing. Pity they can’t make a genuine 18 The DCM Group effort to get behind the already established debt review process. Many DCs will tell you 20 Wikus Olivier DCASA’s new CEO that the voluntary process is a dream of theirs. 22 DCI Too bad, the various Credit Providers stopped it from working years ago when the NCA first 24 Debt Vader came out. 26 Court Review The debt review process (like anything dealing with money) can be stressful. Fortunately Debt 28 Directory Counsellors are there to help. Other people who play an important role in the process are the Attorneys who represent consumers at court. However, not all court matters run smoothly and what happens when these professionals drop the ball? We look at this important subject [in our main article after the news section] as well as review some courts It’s very sad when you have to get out of bed in [near the directory section] to see how debt the pitch black and immediately put on slippers review matters are handled there. and a jersey inside your own home. Oh well, We are also happy to introduce you to Debt farewell summer. Bring on the B.B.C (bed, book Vader, one of our new contributors, reveals and chocolate). If electricity prices continue to how obstinate collections folk can be in the increase, we might have to read our books in face of overwhelming logic. So ignore the front of a fire... which we will also use to cook hassles and hype. Just focus on getting your our food and light our homes. Maybe I should debt paid this month. Stay in contact with your complain about the Rand’s plummet or the DC and keep taking that next step towards a raise in petrol costs... arrgh, why bother? Guess Debtfree future. we will just have to tighten the belt one more notch. This month has heard a lot of hype about the banks saying they are looking to help consumers through voluntary debt mediation
EDITOR
INDUSTRY
CONSUMER
NEWS FLASH For daily debt counselling news visit www.debtfreedigi.co.za DTI Publish new NCA Regulations 10 May 2012 saw the Department of Trade and Industry (DTI) publish new regulations for Debt Counselling. The regulations set out the process as it is currently practiced with very little in the way of changes. That is not to say there are no changes. Two stand out and effect the way Credit Providers participate in Debt Review. 1) If a creditor consents to a change in the consumers obligations during negotiations, they must now provide a confirmatory affidavit which must be supplied to the court. Many DCs are worried about this since a large amount of creditors already drag their heels in agreeing and communicating with DCs about concessions for consumers. This may also affect matters which are already in court but have been delayed. DCs are concerned that they will now have to get confirmatory affidavits to accompany the letters already supplied by creditors saying they are happy to accept changes to the consumers obligations. When asked, none of the Banks were able to offer a comment on when they will have these systems in place. The second big change also affects Creditors who now need to comply with the changes to the consumers debt within 10 days of receiving the debt restructuring Court Order. Most Creditors have been unwilling or unable to make changes to consumers accounts due to out-of-date computer systems or human error.
Many consumers who are under debt review do not even receive monthly statements from their creditors. These statements would clearly show the progress of the creditor’s participation in the debt review. This failure is in contravention of the NCA and they can complain to the NDMA and/or the Credit Ombud. This change to the Regulations will increase pressure on Creditors to adjust their systems or face negative consequences. Read the new regulations here: http:// debtfreedigi.co.za/dti-publish-new-ncaregulations-for-debt-review/
Rates: Bad News This week will see the Reserve Bank make their regular announcement regarding possible Repo rate changes. It is expected that there will be no change this time around, however industry chatter indicates that there is a possible 50 point interest rate hike (0.5%) in the pipe-line for the end of the year. Contributing factors are the CPI being at the high end of the targeted 3% - 6%, increasing fuel prices, possible but still disputed e-tolling, as well as the continued economic slow-down. The Rand has also taken a nose dive in recent weeks losing over 1 Rand value against the U.S.Dollar. All these factors place pressure on the Reserve Bank to push up rates.
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NEWS CONT. Important Case: Std Bank v Kallides (W Cape) Debt Counsellor Michelle Bernice Alexander and attorney Johan Scheepers, are now to be investigated by NCR and the Cape Law Society at the behest of Hon. Judge A.G. Binns-Ward of the Western Cape High Court. The decision was reached during a summary judgment application by Standard Bank, who were going after a consumer’s car (Kallides). The consumer had formally entered debt review with Debt Counsellor Michelle Alexander but had eventually switched to another DC due to dissatisfaction with customer service and long delays in resolving the debt review application at court. Standard bank were not happy with the payments they had received while the consumer was with the former DC and decided to take legal action to try repossess the consumers car. The Judge made reference to the now famous SCA Collett Judgment and discussed the difference between NCA section 86(11) and Section 85 both of which could be used to reinclude a debt into debt review under different circumstances. The application for summary judgment was turned down by the court. Hon. Judge A.G. Binns-Ward then reinstated the debt review in terms of NCA Section 86(11).
www.ncrdebthelp.co.za - latest The National Credit Regulator asked Debt Counsellors to use www.ncrdethelp.co.za to obtain NCR reference numbers and to update the NCR as well as the various Credit Bureaus of consumers debt review status. The NCR have announced that come September 2012, they will no longer make use of the system. The NDMA and DCASA have already started correspondence about the NDMA providing a
replacement system. They are to meet during May to discuss the first phase of the proposed system. DCASA CEO Wikus Olivier, has said they (DCASA) will endeavor to ensure that the interests of their members are looked after. Many DC’s are concerned about a credit provider body taking over this function and wonder why this is happening. The NCR have not been able to comment as yet however there is indication that the NCR and DRAC asked the NDMA to do so. To quote Paul Slot: the “NDMA was requested by the NCR to take over NCR Debt Help. This was also discussed and agreed at DRAC” No official tender for this process was posted on the NCR’s website, however this may have been done informally. The NCR have basically washed their hands clean of the www.ncrdebthelp.co.za website, so it could be that the NDMA are just being nice guys and stepping in to help. Even though there is a continued debate about the subject, the NDMA are pushing forward and have appointed the software side of the project to Business Doctors who are the creators of the DCRS system. The NDMA have been approached for more information about the project and have not commented as yet. For more information on this project visit: http://debtfreedigi.co.za/voluntary-debtmediation/
PDAs to amend their charges again? Debt Counsellors do not take money from consumers or handle payment of consumers’ debts. Rather, when consumers repay their debt in many cases, via a Payment Distribution Agency (PDA) which is registered with the National Credit Regulator. Though not
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NEWS CONT. mentioned in the National Credit Act, use of these payment companies has been advocated by the NCR to help ensure that consumers are not taken for a ride by unscrupulous people claiming to be Debt Counsellors. The Fee structure that consumers pay to use this service has changed in the past. The current arrangement has met with criticism and the various PDA’s are looking to amend their rates once more. The Payment Distribution Agent Association of South Africa (PDASA) has now officially proposed a new fee structure. A proposal was previously made to the Debt Review Advisory Committee (DRAC) but it was declined due to the fact that not enough stakeholders had been consulted prior to the proposal. PDASA has since appointed an actuary to investigate the new proposed fee model. Over the next month, PDASA will also consult with various industry stakeholders to get their views on the new fee structure. The NCR has also referred the fee structure to the Competition Commission to get their view. The proposed fee structure could see the fees go back to the older model, where fees were calculated per each account the consumer has, and not a percentage of how much they have to service their debt as it currently is. The Current proposal is something like: R4 plus 4.5% of each distribution with a cap of R34.20 per distribution.
Debt Review Application, you must get a new DC within 20 business days. Pls call 0860 109 279 Ref: xxxxxxxxxxxxx. When asked, the Debt Counsellors are reporting that they have not withdrawn the consumers debt review application or cancelled their participation in the debt review. If you receive one of these sms’ contact your Debt Counsellor and possibly complain via the NDMA.
Another one bites the dust Jacqueline Kibogo, of Johannesburg, this month joined the short and not so prestigious list of deregistered Debt Counsellors. She now keeps company with: Susanna van Dyk (Vanderbijlpark) - deregistered in Jan 2012; Zimkitha Zilo (CT) - deregistered in May 2011; Barry Kotze (Centurion)- deregistered in Nov 2010; Jugdeesh Sahibdeen (Joburg) - deregistered Oct 2010; Petrus Ferreira (PE) deregistered in April 2010; and Zolile Njokweni (CT)- deregistered in November 2009. Added to this list, of course, is Christoph Bornman who fought hard to maintain his registration and is currently planning on taking his de registration to the Constitutional Court. If you visit www.ncr.co.za you will also be able to find over 100 Debt Counsellors who have left the industry voluntarily. (The NCR’s website has had a face lift and has a much Improved searching function - still with some limitations but much better than before). Most of the DC’s who have left the industry willingly, Nedbank send out strange, possibly state as their reason for leaving that they either misleading, sms’ got employment in another field or found the Some consumers are now reporting that they industry to be unprofitable. One such former are getting strange sms’ from “Nedbank” DC is Gary Du Preez NCRDC05 who was the 5th which say: Dear Nedbank client, note that person to qualify as a Debt Counsellor in South your Debt Counsellor has withdrawn your Africa. The most recent DC to officially quit is
NEWS CONT. NCRDC1897 (number 1897 out of around 2000 DC’s) Of course, even though there are over 2000 registered DC’s and only 100 are showing as having stopped practicing, the number of practicing DC’s seems to be closer to around 500 or less. Many DC’s are still looking after their clients but not taking on new work. Some of the DC’s who have quit state they have done so due to non-cooperation by stakeholders.
Credit Ombud During 2011 the Credit Ombud dealt with 414 matters relating to Debt Counselling. In these Debt Review matters the complaints were only brought to the Ombud after having been through either the Debt Counsellors Association of South Africa’s complaints resolution Department or the NDMA’s (a credit provider representative body). While in 34% the Ombud found no one at fault, some fingers can be pointed: In 8% of matters it was found that the Creditor was actually at fault, not the Debt Counsellor. In a further 19 % of matters the consumer was found to be at fault and not the Debt Counsellor. In 33% of these matters or about 130 matters it was found that the Debt Counsellor had done something wrong or had not lived up to their contract with the consumer and had to set matters straight. Not bad considering that over 70 000 people entered debt review in 2011. One of the biggest concerns reported on was poor communication between Debt Counsellor and consumer.
VDMS project gets a mention at World Economic Forum- What is it? When Debt review first started, many envisioned a cooperative process where creditors turned to Debt Counsellors to help them evaluate consumers realistically, and then would willingly make arrangements to restructure consumers’ debt. However, the Debt review process, sadly, become antagonistic (mainly because of resistance from Credit Providers). Now the NDMA (a Credit Provider representative body) are piloting a voluntary debt reviewlike process called Voluntary Debt Mediation (VDMS). The project was even mentioned by Cas Coovadia, the managing director of the Banking Association of SA (BASA) in the recent World Economic Forum held in Addis Ababa, Ethiopia. He stated that BASA will look to settle troubled consumers debt over 5 years and will reduce rates to repo or lower in an effort to set things right. These same concessions are available currently through Debt review. Since banks and creditors are forbidden by the NCA from offering the services of a Debt Counsellor the project will enlist the help of qualified DC’s to help calculate how consumers can be helped. The initial proposal by the NDMA is that DC’s use the DCRS calculation software to work out what the bank is prepared to do for consumers. The pilot project will enlist the 3 DC’s who most make use of the DCRS system at present (+- 34 DC’s currently use this system as an option when working out debt repayment proposals to the court) and will see BASA members identifying who they would like to see going into the program. The pilot project should take between 6 months and a year to test. It is hoped that during this time that the various creditors will be able to set up departments
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NEWS CONT. or staff to handle these VDMS matters. The various banks have faced incredible problems internally with the current debt review process. The various product houses within the banks often refuse to cooperate with their own debt review departments and the legal and collection departments often ignore the debt review process and press forward with legal action regardless. Stopping this from happening will, no doubt, be a major concern in this voluntary process as well. Since the process will be voluntary consumers won’t even have legal recourse when such things happen unlike with Debt review. It is presumed that, this time round, the creditors will not fight the voluntary process since, in theory they will only accept consumers into the program who they know can pay them what they are prepared to take.
DCASA forum reaches 249 members Recently the Debt Counselling Association of South Africa also launched an online forum for consumers, creditors and Debt Counsellors to discuss the industry. The number of forum members has steadily been growing. Regional visits to DCASA debt counsellors by the DCASA CEO have also encourage use of the website. The forum membership numbers are now at an all time high surpassing even the number of paid DCASA members. This membership increase pushes DCASA’s forum into position as the second largest industry forum behind theDCI. If you wish to join the forum head over to www.dcasa.co.za for more details. The forum is “open to the public” however content cannot be viewed until you sign up and are approved.
Standard Bank continue to harass Debt review consumer Standard Bank, like so many other banks, has repeatedly said they support the debt review process. However despite these claims their actions seem to indicate that this is not the case. Standard Bank have sent one Eastern Cape Consumer fifteen 86(10) terminations letters in the last 24 months for the same account. The most recent of these 15 letters was sent to the consumer this month. The consumer continues to get these letters despite the fact that she has made regular payments via debt review into the account in question each and every month. She has repeatedly complained and had the account reinstated under the debt review department 14 times so far. theDCI media blitz If you have recently heard anything about debt review in the media then you probably noticed a quote or article from theDCI. They have been on a massive debt counselling promotional campaign. The Debt Counselling Industry is a webportal which, among other things, helps educate consumers, encourages communication from creditors and hosts a online forum for debt counsellors. theDCI have been on the radio, in the papers and online. They continue to promote debt review as a viable solution to consumer’s debt woes. theDCI is not affiliated to any particular creditor body or debt counselling association and thus has no hint of bias. There is no charge to join theDCI for consumers or DCs and other industry members. Visit their site at www.thedci.co.za Michael Tellinger serves papers on Std Bank, SARS and the Minister of Finance. Michael Tellinger is taking the entire South African financial system to the Constitutional Court in a bid to expose the various shadowy
processes that lie behind the veil. In April he served a huge 1,000 page legal documents on various parties including Standard Bank, who he says are hiding how they “create money� and how they acted as a middle man when they financed his bond without telling him. Recently the New Economic Rights Alliance joined the matter as a friend of the court. For more information head over to www. thebigcase.co.za FAIS unqualified? The Financial Services Board (FSB) have asked over 44 000 financial advisers to write exams to check that they know what they are talking about. They are concerned that about 40% of the FAIS advisers out there might actually be unqualified to offer advice. Thousands of supposedly FAIS accredited advisers will have to write basic FAIS exams again this year (before the end of June) to see if they do actually qualify to assist consumers make critical financial choices. Those who fail will have another chance to try pass again before September this year. It is scary to think that in the interim these advisers might still be handing out advice to consumers only to fail the exam
again later. There is concern in the industry that some FAIS advisers advise consumers without doing due diligence in investigating products or are driving consumers toward products that simply pay them higher commissions. It is hoped that this round of examinations will weed the unqualified advisers from the industry.
It seems that everyone is updating their corporate branding and websites, (even the NCR have updated their site to a smoother look and better functionality) so we thought... why not join the crowd. Check out our new website design (www.debtfreedigi.co.za) and be sure to follow the latest industry news on our twitter account.
For regular news visit www.debtfreedigi.co.za or follow us on twitter
http://twitter.com/Debtfree_DIGI
INDUSTRY
CONSUMER
Speak to my Lawyer When a consumer turns to a Debt Counsellor (DC) for help, they might think that the DC is the only person involved in the process. This could not be further from the truth. Obviously the DC plays a big role but they find themselves standing in the center of several interested parties trying to assist all of them.
If you have ever been to court, you will know that it’s not all Ally Mc Beal and LA Law. It’s actually quite boring, most of the time, with a lot of stressful waiting and then a whole lot of confusing jargon. As a result, many DCs and consumers decided to consult attorneys for help with this side of their debt review First there is the consumer themselves. Without application. the consumer there would be no debt. Next there are the various Credit Providers who are Immediately this pushed the price of the eager to recover their funds. Then there is the envisaged cheap debt review process up by a Payment Distribution Agency who handle the bit, but since the credit providers were in many money side of things. Of vital importance is cases actively trying to take consumers houses the Magistrate who actually restructures the and cars (even though they were trying to pay consumers debt to the creditor via a PDA at the via debt review) granted court orders where recommendation of the DC... ummm so who desperately needed. have we left out? Aaaah yes, the attorneys. As a result, when a consumer goes to a DC, When the law makers were setting out the they will in many cases be asked to pay legal debt review process, they probably envisioned fees. The amount can vary from DC to DC. all parties working together in harmony and Some charge as little as R750 if all parties are peace with flowers in their hair, spinning happy with the proposed debt review and around in fields of daisies... Sadly this never others charge whatever the consumers total came about. Many of the banks tried to see monthly repayment amount is. This legal fee if there were loopholes through which they is normally taken from the consumers second could essentially stop getting money via debt repayment (the DC’s fee is paid from the first review so that they could rather collect through repayment). This is the industry norm. attorneys and have to pay a commission on. Who knows why? They probably asked a panel There are some DC’s who goes to court of their attorneys whether it was a good idea themselves, and do not make any use of an to cooperate with the process. Either way, Attorney. Interestingly, even though these the process soon became a litigious one. The DC’s don’t know much about other Acts, their National Credit Regulator eventually went to knowledge and passion for the NCA have seen court to establish that debt review matters a higher percentage of their matters resolved. must go to court.
As in any service industry, there have been some problems with using attorneys. One is when attorneys just don’t show up at court. How can this happen you ask? Well, it seems the busier the company the more danger there is of this happening. Who suffers in this situation? Sadly it is the consumer who can have their matter removed from the court roll. Some DC’s who are the applicants in the court matter have received costs awarded against them because of the attorney not showing up. Consumers and DCs should therefore make a concerted effort to keep track of the date of their court matters. They should check in with their attorney at the beginning of the week to make sure. Some courts are quieter than others and you could get a new court date the following week. In others, like Kuilsriver in Cape Town, you could face a wait of half a year or even a whole year before your matter gets heard again.
When things go wrong Recently Brett Carnegie, a well known Attorney who specialised in debt review matters for thousands of consumers, contacted the DC’s who were helping consumers he was representing, to inform them that he would no longer be able to continue handling their matters. This was a great disappointment to many DC’s who had worked with his company for a number of years and to consumers who had paid their legal fees upfront.
When explaining why, he mentioned several factors. He said that in many cases he had under charged and that due to the debt review process being new, many courts were dragging matters out with postponement after postponement. In other cases, he said that the creditors were unnecessarily delaying matters. Since the SCA Collett ruling, bad faith applications against consumers assets at High Court level had sky rocketed and creditors were When assets are involved, consumers can even delaying Magistrates court matters in order face losing them if the creditor is unwilling to gain time to get to their High Court dates. to cooperate with the debt review. A good When this was combined with administrative example of this was when MFC went after problems (he fired several members of staff) Jo-leen Herbert’s car at High Court after her it meant that he could no longer afford to pay attorney had missed the debt review court date salaries and cover costs with the money taken in the Magistrates court. MFC took and sold from consumers up front. In some extreme the consumers car despite her having made cases he had accepted up front payments debt review payments. (Case: Western Cape of only R300 for matters and in many cases High Court: The Motor Finance Corporation between R1500 and R2500. He had reached v Jo-leen Herbert) Worst of all, they billed her capacity, and could not take on new cases nor for the legal action at High Court and left her resolve old matters fast enough. without transport. He now faces an angry mob of unhappy The moral of the story is: make sure you stay up consumers and DC’s. The fact is that, right or to date with your court matter. wrong, he is not going to appear at court for the consumers. This could result in cost orders
against the DC’s and consumers applications possibly being thrown out entirely. Now the DC’s have been left in the uncomfortable position of telling the consumers that their matters have not been resolved, and more money will have to be diverted to new legal fees for another attorney. While this is a necessary evil, which the big creditors such as the banks are aware of (and are in many cases willing to make allowances for) it means that the consumers debt is bound to take an extra month or two to solve, and legal work will in many cases have to start from scratch. With so many incorrect 86(10) letters being issued by creditors, the delay could prove costly. Several effected consumers are already desperately fighting to retain their assets in the face of creditor aggression. This situation and other similar cases shows the importance of finding the right firm who offer a service, at the right rate. While a consumer’s DC can point them in the direction of a preferred service provider they cannot insist on one (in line with the CPA). If a consumer wishes to use a particular firm they can get a quote and sign a contract but should include the DC in the process. Normally the DC’s suggestion will be the best option, but even well meaning Debt Counsellors can be caught out when the attorneys do not hold up their important end of the process.
The DCM Group get a fresh new look As the Debt Counselling industry itself has gone thorough changes so to have those companies who offer debt review related services. With many companies coming and going over the years, consumers are looking for stable, long lasting brands that can meet their needs. In 2012 the DCM Group and its subsidiary brands have gone through a metamorphosis, the outcome of which is a fresh new look and feel. New branding accompanies this new perspective. While in the past DCM has offered services under a variety of brands it seems that DCM’s acquisition of several different brands resulted in an organisation that was presenting a myriad images and messages to the various target markets which it services. As a result, some consumers where not aware of the range of services which DCM could offer or were confused about who owned these brands. The new branding brings all these various brands under one recognisable parent company, namely DCM. The individual brands and logos have now been incorporated into the DCM Group of Companies with DCM Group as the lead brand. This means that DCM Consumer Assist, DCM Care Premier and DCM Corporate are now sub-brands; and that the NPDA is being the endorsement brand for the whole Group. When describing the ongoing changes in the industry and the performance of the various DCM brands Anton Viljoen CEO of the DCM Group says: “ We look forward to many more exciting times in the years ahead...the DCM Group will grow from strength to strength” DCM are moving forward and are now positioned for even greater growth and success.
www.dcmgroup.co.za/brands
INDUSTRY
CONSUMER
WIKUS OLIVIER DCASA’S NEW CEO Anyone who meets the Debt Counselling Association of South Africa’s new CEO will agree: he’s a pleasant chap. At 27, he is a surprisingly young choice for the CEO of an association of this nature. Don’t let his age fool you, though. When it comes to age, none of the people in the industry are “older” than the NCA itself which came into effect in 2007. Wikus got into the debt counselling field back in 2008 when Debt review was in it’s infancy. After 3 days training at Damelin he became one of only 3 DC’s in the Free State (now there are nearly 50 DCs in the Bloemfontein area alone). His NCRDC number puts him as the 369th person to qualify as a DC in South Africa. He started work in a 4 x 4 meter office, with 2 chairs, a desk and a somewhat unreliable fax machine. Though he says the training did not prepare him for what was to come, he soon got a thorough education at the debt counselling school of hard knocks (as did we all). After several years of debt counselling and helping many hundreds of consumers, Wikus was convinced to sell his business and move up to Gauteng to take the CEO post at DCASA where he has been a member since 2009. DCASA are looking to increase their reach and they are looking to digital media to do so. Like others, DCASA has joined the electronic revolution in a big way this year and under Wikus’ direction, have really improved their digital footprint. Before, DCASA had a confusing website, crammed with information to the point where no one knew what was
current or ancient, now the DCASA website is a surfing breeze. If you would like to head over to the site visit: www.dcasa.co.za DCASA now also has an active Facebook and twitter presence, all thanks to Wikus’ hard work. Wikus says he would like to see more Debt Counsellors join DCASA. “The benefits outweigh the costs” he says. “DCASA has been around since the beginning and...is always going to be around. We are the strongest association and are in the perfect spot to represent Debt Counsellors”. When asked about other Debt Counselling Associations and DCASA’s statement that it wants to be ‘the only professional body for Debt Counsellors’ he diplomatically replied “the creditors are not going to listen to 5 associations, they need a unified voice.” * When asked about his future plans, he replied that other than building membership for DCASA, he meets with the large creditors every month, “contact me and tell me your concerns so I can take them to these meetings”. Wikus is also looking forward to this years’ DCASA conference, and is travelling from region to region in the meantime to spend face time with DCASA members. We wish Wikus the best in his post as CEO of DCASA. * there are currently on 2 NCR recognised associations for Debt Counsellors DCASA and AllProDC Wikus Olivier, NCR Number: NCRDC369 EMAIL: ceo@dcasa.co.za, TEL: 0861432272
DEBT COUNSELLORS: Consumers look to us as their guardians, support structure, advisory council and at times, their last option of hope. If YOU cannot take the time to care enough about your consumers and this industry, maybe it’s time to rethink your profession. 4 minutes in one of your days to expose the truth is the best deal you will ever get. Sign to Unite. http://www.facebook.com/pages/Sign-2-Unite/327470733965318 http://www.gopetition.com/petitions/stop-banks-acting-in-bad-faith.html http://www.facebook.com/pages/theDCI/218268998238689
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INDUSTRY
CONSUMER
Debt Vader A long time ago in a debt review firm far, far away.... Wesbank punish consumer for getting his court order too quickly. We have a client who applied for debt review during January 2012. His first payment was the beginning of February 2012. This payment, as always, went toward his restructuring fees. We were very happy when we speedily obtained a court order for him at the end of February 2012. He made the next payment at the beginning of March 2012 in terms of his court order; a portion of which went toward his legal fees and the rest went to his credit providers as normal. The rest of the payments were then made correctly and timeously and distributed in full to his credit providers. Then we received a telephone call from a consultant at ColSol (Collections Solutions), who collect’s debt on behalf of Wesbank. They informed us that the account has been removed from the Wesbank debt review department. It is important to state that we had received no termination notices or enquiries from Wesbank. Thus legally speaking no termination had actually occurred. Why would the matter possibly be terminated from the debt review department and handed to collections? Well, their process says that as from the month that they restructure the arrangement in terms of the court order (in this case February) they expect full payment in terms of the court order restructuring proposal. So where is the problem you ask? The consumer has a court order and the court order shows how much the consumer must pay. Well, as far as they are
concerned, the part-payment they received in March, is considered a default and the account was removed from debt review and handed to ColSol. This despite the fact that the court order specifically states that restructuring fees and legal fees are to be taken as a priority. Normally due to the fact that court orders take a while to obtain, (some consumers ridiculously wait up to 3 or 4 years) by the time a consumers court order is captured on their system, his restructuring and legal fees have been taken, and the full normal monthly installment is being paid over to the various creditors each month. In this case Wesbank want to penalize the consumer for getting his court order too quickly (before all his legal fees were paid for). Surely this situation was easily explained and since there was already a court order in place, the matter would easily be sorted out, right? Wrong! The consultant was adamant about moving forward with legal process to repossess the car. Debt Vader’s debt counselling firm later managed to contact the consultant’s manager, who has agreed to inquire from Wesbank if they will accept the account back into debt review. Any legal action on Wesbank’s part would be a huge waste of time. This kind of misunderstanding, (of the process incl. how the fees work) as well as unwillingness to assist, show a serious lack of flexibility and training at a consultant level. This results in extra work for all parties, and unnecessary stress for consumers who just want to pay their debts.
INDUSTRY
CONSUMER
Court Review
Debtfree DIGI asked Bernidene Thieroff about the courts in her area and she has some tips for DCs and consumers. In the Free State we have been very fortunate, our application’s have been approved reasonably quickly in the courts in our area. In the last 3 years, only 5 court applications have been unsuccessful. Since each Magistrate is in charge in his own court, I think the most important factor is for all DC’s to work according to the same guidelines. In Virginia, Odendaalsrusand, Henneman and Kroonstad there is only 1 magistrate at each court before whom debt review matters appear. Some tips for the various courts in the area: VIRGINIA In Virginia you should submit documentary proof of the expenses you classify as necessary because opposing attorneys (for the creditors) always refer to the budget as “heresay”. Also you should not accept a counter proposal before the papers are filed with a declaring affidavit. The Magistrate gets very irritated if you do. It is important not change the interest rates without an acceptance letter from the credit provider. (ED-With the changes to the regulations you will now need confirmatory affidavits from creditors) In Virginia, Normal and Opposed matters are heard on Tuesdays and it is not necessary for the consumer to attend to Court. HENNEMAN In Henneman hearings dates normally depend on Magistrate availability. Our attorneys usually
requests a hearing for when the consumer will also be available. ODENDAALSRUS In Odendaalsrus I have asked the attorney to handle unopposed matters on a Wednesday. As normal the consumer must appear personally if requested by the court but there is no standard - it differs from magistrate to magistrate. I normally only appear if the matter is contested. The first time it is heard I or the consumer are not personally present but remain available if needed. WELKOM In Welkom there are 2 magistrates who hear matters. Tuesday is normal role and Thursday is for opposed matters. Here our attorneys usually request a hearing when the consumer will be available.
GENERAL ADVICE Be prepared for every contingency and respect the Court and its rulings on the process. In my experience, the Magistrates in our district are good hearted and handle the processes very fairly. Bernidene Thieroff bernidene@csdebtcounselling.co.za
Debt Wise Solutions
Debt review and distribution software. Proud Software provider to DC Partner, Payment Distribution Agency.
https://debtwisesolutions.co.za
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 Tel: 021 824 8885 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 Serious We are serious about debt Vida Scheepers NCRDC1792 Po box 394, Garsfontein, Pretoria 0042 Fax no: 086 553 9403 vscheepers@mweb.co.za 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 Debt eezy Your Debt Solution made Easy Ashley Carstens NCRDC858 Tel: 021 839 2809 Fax: 083 512 4160 / 086 665 9125 Email: debt.eezy@gmail.com Website: www.thedci.co.za
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 Derry Burge Tel: 021 855 5997 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 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 2nd Chance Debt Counsellors Tel: 0861 00 225 0
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 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
BORDER REGION:
DRS BOND CHOICE P.E. Andrea Atkinson Office: 041 393 7000 Email: andrea.atkinson@drssa.co.za
DRS BEACON BAY Johan Pretorius Cell: 082 324 4038 Office: 043 748 1139
DRS CENTRAL EXPRESS Derryn Fish Office: 041 373 9693586 2020 Email: derrynfish@drssa.co.za
DRS BUFFALO CITY Herman Marias Cell: 082 378 3743 Office: 043 7210652
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
FREESTATE:
GAUTENG:
DRS GOLDFIELDS (Welkom) Irvin Billy (Derryn Fish) Cell: 072 114 4427 Office: 081 319 0083 Email: Billy@drssa.co.za
DRS CENTURION EXPRESS Amanda Johnon Office: 041 373 9693 Email: dcfull@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 SOMMERSET EAST Luther De Bruyn Cell: 082 568 2970 Office: 042 243 1107 Email: luther@drssa.co.za
DRS DE AAR Veronique Louw (Derryn Fish) Cell: 076 382 2020 Office: 053 631 1189 Email: deaar1@drssa.co.za
DRS UTENHAGE Lynn Lindoor Cell: 083 7174 183 Email: Lynnl@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
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 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 RUSTENBURG Amanda Johnson Office: 041 373 9693 Email: dcfull@drssa.co.za KWA ZULU NATAL: 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 WEST COAST Marius Coetzee Cell: 082 978 4407 Office: 022 713 3766 Email mariusc@drssa.co.za
Staff Line Ndizani Executive Recruitment Cell no: 083 3028163 Direct Line: (011) 468 - 2150 E- Mail: saki@staffline.co.za
DRS MORNINGSIDE DURBAN Erica Mtshali (Amanda Johnson) Cell: 076 578 8660 Office: 031 301 5990 email ericah@drssa.co.za
DRS SALDANHA Marius Coetzee Office: 022 713 3766 Email: mariusc@drssa.co.za
Information resources & services www.thedci.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 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
Designtimes South Africa’s creative resource www.designtimes.co.za TRAINING Compuscan Academy 0861 51 41 31 www.compuscanacademy.co.za You & Your Money Western Cape: NCR Debt Counsellor Training: For a Cutting Edge Course with practical input contact: You & Your Money Dawn Jackson Dawnjackson.training@telkomsa. net Cell: 072 1769789 (021) 761 3287 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
Gooseberry Business Advisory Tel: 012 644 0589 Nedbank Debt Rehabilitation & Recoveries Services 0860 109 279 STD Bank Debt review Helpline Telephone: 0861 111 402 TransUnion 0861 482 482 Thinkmoney Financial comparison website Contact: Gareth Mountain Tel: 079 0996 798 www.thinkmoney.co.za
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
WIZARD Vereeniging Making Mortgage Magic Wanine Smit Tel:+27 16 454 1132 Fax:+27 86 686 3678 Cell:+27 82 445 3967 www.wizard.za.com
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
Eric Streso Financial Planner B Juris LL B CFP MBA Tel: 0833273358 Fax: 086 612 7912
FINANCIAL PLANNING
LEGAL Brett Carnegie Attorneys Tel: +27 (21) 4470332 Fax: +27 (21) 4470338 Mobile: +27 (0)82 320 6099 www.carnegielaw.co.za
Suite 23(B) Unit 8 Waverley Business Park Mowbray 7700
Karen van Staden Tel: 012 998 9117 / 012 993 2132 Fax: 086 721 6467 / 086 662 1153 Is it time to expand your Debt Counselling Email: karen@hauptearle.co.za practice? office@hauptearle.co.za Do you need specialist Attorneys with a national www.hauptearle.co.za footprint?
Scheepers Attorneys Do you need expert advice on how to protect Gerhard Scheepers your practice and your clients? schlaw@iburst.co.za
Are you informed about recent statutory and legal developments within the industry?
Legal Rights Affordable & ethical Legal Services Tel: (011) 367-0695 Attorneys servicing individual needs Cell: 074-112-0076 info@legalrights.co.za www.legalrights.co.za Pretoria: +27(0)12 998 9117 www.hauptearle.co.za Nelspruit: +27 (0)13 752 708 LUCID Attorneys Tel: 011 880 1100 Fax: 011 880 1101 Email: info@lucidsa.com www.lucidliving.co.za/attorney Ludick Attorneys bev.ludickattorneys@gmail.com Prinsloo & Associates Attorneys and conveyancers Nanika Prinsloo Farm Bergamot, Paarl 7620 P O Box 6199, Paarl 7620 14 Laing Street, Barrydale 6750 Cell: 072-8558-106
Fax: 086-623-5986 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 CREDIT BUREAUS Compuscan 0861 514 131 www.compuscan.co.za Computer Profile Bureau 0861 28 7328 www.c-p-b.co.za Experian www.experian.co.za Business- 0861 63 60 70 Consumer- 0861 10 5665 Micro Lenders Credit Bureau 0861 28 7328 www.mlcb.co.za TransUnion 0861 886 466 www.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 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 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
EVENTS 20 April 2012 Western Cape Reckless Lending Workshop 25 April 2012 Free State Reckless lending Workshop 11 May 2012 Gauteng Court Preparation Training 8 June 2012 Eastern Cape Court preparation Training
15 June 2012 Western Cape Branch Meeting 13 July 2012 Western Cape Court Preparation Training 22 August 2012 DCASA Annual Conference 14 September 2012 KwaZulu Natal Court Preparation Training For more information contact DCASA Head Office at 086 143 2272 or dcasa@dcasa.co.za TRAINING EVENTS You & Your money A part time training option is available in Plumstead (Cape Town) Upcoming Dates: 21st May - 8th June. Following Course Dates: 23rd July – 3rd August (excluding Saturdays and Sundays) The Course is 2 -3 days per week for a total of 10 days. Contact Dawn Jackson for specific days and dates during these times. Dawn Jackson Training dawnjackson.training@telkomsa.net Cell: 072 1769789
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