THE DHS IS A COMPUTER SYSTEM THAT IS USED TO REMOVE THE DEBT REVIEW FLAG
Only a Debt Counsellor - any debt counsellor - can place or remove the debt review flag on your credit record.
Not the court, not the credit bureau, not the Ncr and definitely not a lawyer - strictly the debt counsellor!
THERE IS NO MIDDLE GROUND YOU ARE OVER-INDEBTED OR NOT OVER-INDEBTED
Only Over-Indebted Consumers should be Under Debt Review
If you are no longer over-indebted you can be released through DHS Update.
You can only be under debt review because you applied and you are over-indebted.
If you did not apply - the debt review listing is unlawful and should be removed
If you applied and you are no longer over-indebted, the DHS System should be updated and the flag removed.
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Products
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Product 1
Did you sign Form 16?
Did you agree on the new instalment (distribution amount)?
Did the debt counsellor explain the debt counselling fees?
Did you sign PDA (Payment Distribution Agency) debit order authorisation?
Did you sign and submit a supporting affidavit for court application?
Did you receive a copy of the Court Order?
If your answer is No to any of the above, the Debt Review Agreement is deemed Unlawful. If any of the above applies to your debt review situation, you can approach another debt counsellor to update the DHS to remove the debt review flag. Even though you did not apply for debt review, a transfer to another debt counsellor is necessary to authorize access to your information on the DHS system.
Product 2
A consumer voluntary applies for debt counselling and is approved and placed under debt review because it has been determined that he/she is struggling to maintain his/her accounts in a timely manner and thus over-indebted. At any time or any stage, If the consumer concludes that the debt review program is not helpful or the consumer's financial circumstances improve, he/she can notify the debt counsellor to terminate the process or to redo the financial circumstance assessment. The debt counsellor shall update the DHS system with the outcome of the assessment. If the debt counsellor does not cooperate or unavailable, the consumer can transfer to another debt counsellor - any debt counsellor - to request re-assessment and DHS update to remove the debt review flag.
Product 3
Clearance Certificate can be acquired under the following conditions: All accounts paid in full All accounts are settled in full (except home-loan where applicable) When all accounts are paid in full as above, the consumer must request a clearance certificate from the debt counsellor. The debt counsellor shall verify the account settlement, issue a clearance certificate and update the DHS system to remove the flag from your records. If the debt counsellor refuse to issue a clearance certificate, or is missing or not contactable or deregistered, the consumer can transfer to another debt counsellor - any debt counsellor - to issue a clearance certificate and update the DHS to remove the debt review flag.
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UNLAWFUL DEBT REVIEW
Did you sign Form 16? Did you agree on the new instalment (distribution amount)? Did the debt counsellor explain the debt counselling fees? Did you sign PDA (Payment Distribution Agency) debit order authorisation? Did you sign and submit a supporting affidavit for court application? Did you receive a copy of the Court Order? If your answer is No to any of the above, the Debt Review Agreement is deemed Unlawful. If any of the above applies to your debt review situation, you can approach another debt counsellor to update the DHS to remove the debt review flag. Even though you did not apply for debt review, a transfer to another debt counsellor is necessary to authorize access to your information on the DHS system.
NO LONGER OVER-INDEBTED
A consumer voluntary applies for debt counselling and is approved and placed under debt review because it has been determined that he/she is struggling to maintain his/her accounts in a timely manner and thus over-indebted. At any time or any stage, If the consumer concludes that the debt review program is not helpful or the consumer's financial circumstances improve, he/she can notify the debt counsellor to terminate the process or to redo the financial circumstance assessment. The debt counsellor shall update the DHS system with the outcome of the assessment. If the debt counsellor does not cooperate or unavailable, the consumer can transfer to another debt counsellor - any debt counsellor - to request re-assessment and DHS update to remove the debt review flag.
CLEARANCE CERTIFICATE
Clearance Certificate can be acquired under the following conditions: All accounts paid in full All accounts are settled in full (except home-loan where applicable) When all accounts are paid in full as above, the consumer must request a clearance certificate from the debt counsellor. The debt counsellor shall verify the account settlement, issue a clearance certificate and update the DHS system to remove the flag from your records. If the debt counsellor refuse to issue a clearance certificate, or is missing or not contactable or deregistered, the consumer can transfer to another debt counsellor - any debt counsellor - to issue a clearance certificate and update the DHS to remove the debt review flag.
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WHAT IS DEBT HELP SYSTEM - (DHS)?
The DHS is an integrated computer system that is used by Debt Counsellors to record your debt review application stages. It is only through this computer system that a debt review flag/notation can be placed or removed from your credit records.
The DHS System Update Process
Stage 1. - Application
A Consumer can only be placed under debt review when he/she has applied for debt review by signing and submitting a Form 16 document to the Debt Counsellor to determine over-indebtedness.
1. Consumer submit Form 16 to Debt Counsellor - the debt counsellor updates the DHS to code A. - The DHS system transmits the code to the credit bureau to display the notation that Consumer has applied for debt review
2. The Debt Counsellor proceeds to use NCR approved computer system (maximus, simplicity, infinitech etc) to capture your debt information to determine if you qualify for debt review - the dhs code A is transmitted to the credit bureau to display that - Debt Review is in progress
3. If the determination outcome is that the consumer is not over-indebted, the application is rejected, the DHS system is updated to code B and transmitted to the credit bureau. The flag is removed from credit bureau record.
4. If the determination outcome is that the consumer is over-indebted, the application is approved, the DHS system code is updated to C and transmitted to the credit bureau to display that - Consumer is Over-Indebted.
Stage 2. Debt Repayment Restructuring & Negotiation
* The debt counsellor shall engage with the credit providers to negotiate a new payment restructuring - the DHS system is updated to reflect this stage on the Credit Bureau
* Every other stage up to the final court order is recorded on the DHS and reflects on the Credit Bureau Record.
Note: The Debt Counselling process is not complete/binding until a Magistrate Court Order or Tribunal Consent Order is granted. You can always terminate the "process" at anytime within this window.
Stage 3 - Cancellation or Termination
The consumer can cancel or terminate the process at any time by notifying the debt counsellor in writing that he/she decides to discontinue the process - the debt counsellor must/will update the DHS system - the flag shall be removed from the credit bureau record
If the debt counsellor on record refuse to update the Dhs, or is unavailable, you can transfer to another debt counsellor to update the Dhs and remove the flag from your credit records.
