NCRA IS NOT A DEBT COUNSELLING/ DEBT REVIEW COMPANY
Ncra Service is Rendered in terms of Section 136 Regulation 50 of the National Credit Act
In terms of Section 136 of the National Credit Act
You have the right to dispute Unlawful Debt Review
You have the right to dispute debt review when Debt Counsellor is Absent or Uncontactable
You have the right to dispute debt review when the Debt Counsellor is Unknown
You have the right to dispute debt review when the Debt Counsellor is no longer involved in debt counselling
You have the right to log a complaint regarding incompetent debt counselling service
You have the right to log a complaint regarding lack of after-care service
You have the right to dispute debt review when you have not received a Court Order
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* You have the right to terminate the debt review process at any point of the process
* You have the right to challenge the process applied in placing you under debt review
* You have the right to be released from debt review when your financial circumstance have changed
Statistics
January 2023 to March 2023
Total Queries/Disputes Logged = 17 000
81
%30
%45
%Self Service Debt Review Dispute & Clearance
The Relevant Documents/Forms can be downloaded in the next section below.
Step 1
Check Debt Review Status and Debt Counsellor Status
Step 2
Do the Debt Review Clearance Compliance Questionnaire
Step 3
Upload NCR Dispute Form 29
Step 4
Draft Affidavit detailing your Complaint
Step 5
Log a NCR Dispute with Form 29 and Affidavit
Step 6
NCR Investigates your Dispute and Resolve within 7 - 30 Days
Step 6
NCR instruct the Credit Bureau to remove the Debt Review Flag within 7 days
Circumstances under which a Debt Review Listing be Disputed & Cleared.
Expired Prescribed Process Timeframe
In terms of the NCA and NCR prescribed debt review processing procedure, the entire debt review process must be completed in 60 days including granting of a court order.
Where there is no court order within the stipulated timeframe, the debt review process can be disputed or cancelled or terminated and the debt review flag removed
Unlawful Debt Review
The debt review flag is Unlawful when:
* You did not apply for debt review.
* You did not submit Form 16 debt review application
* You did not receive and agree to the restructured payment arrangement
* You did not receive or signed confirmatory court application affidavit
* The debt review matter was not concluded by the court
Unknown/Missing Debt Counsellor
This applies where:
* You did not apply or sign and debt review related documents with the debt counsellor on record
* The debt counsellor is not contactable
* The debt counsellor is no longer involved in debt counselling service.
* The debt counselor on record has been deregistered by the Tribunal
* The debt counsellor on record's registration with the NCR has lapsed or cancelled.
Clearance Certificate
It is the debt counsellor's resposibility to issue a clearance certificate when all debts that were placed under debt review are settled in full.
It is also the debt counsellor's obligation to acquire settlement letters from the credit providers.
Where the debt counsellor is not available or not cooperating, the NCR shall facilitate issueance of the Clearance Certificate
DOWNLOAD INFORMATORY DOCUMENTS AND PRESCRIBED DISPUTE FORMS
The goal is to enable you to perform necessary dispute or clearance steps on your own. We shall monitor your progress and be on hand to advise where it is necessary or whenever you require assistance. There is no charge for assitance. You have the option to draft the affidavit yourself or you can request our inhouse affidavit specialist to draft one on your behalf for a stipulated fee.
Check Your Credit Report
It is imperative to check your credit report to establish:
* The Debt Review Status
* The Debt Review Status Date
* The Debt Counsellor Name
* The Debt Counsellor NCR registration number
You can request a free credit report from any credit bureaus. We highly recommend Xds Credit Bureau report as it has proven to be the most reliable in displaying correct and detailed information.
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Alternatively you can order the report for R120.
You receive your credit report within 15 minutes with debt reviewe clearance recommendations for your specific circumstances.
DOWNLOAD DEBT REVIEW CLEARANCE QUESTIONNAIRE
There are prescrbed regulations and procedures that the debt counsellor must comply with to conduct and conclude the debt review process.
The questionnaire is not a prescribed dispute document but a tool designed to assist you to establish if the debt review process was conducted in compliance with prescribed regulations.
The questionnaire shall pinpoint irregularities in the process to determine if you have a valid case to enforce termination of the debt review process and removal of the debt review flag from your credit records.
DOWNLOAD DISPUTE FORM 29
Form 29 is a prescribed document to log a debt review dispute with the NCR.
A dispute or complaint is a claim or accusation of unlawful conduct or transgression of regulations by the debt counsellor. It is therefore a requirement to support your claim with a statement under oath (affidavit) to compel the NCR to investigate your complaint/dispute.
Dhs System Codes
The debt counsellor is obliged to record/updated every stage of the debt counselling assessment progress in the Debt Help System (Dhs)
Every stage is allocated a specific code which indicates the stage of the debt counselling progress. The codes dictate the next action of the process by either the NCR and/or the Credit Bureau until the point where a court order is granted and the process is deemed complete.
Updating the Dhs code triggers an automated message to the credit bureaus to update the credit bureau notation on your credit report. You cannot see the Dhs Code on your credit report but the displayed credit bureau notation should match the Dhs code.
REQUEST DRAFTING OF AFFIDAVIT
An affidavit is a legal binding document that you can draft on your own and commission at your nearest police station. The affidavit is very crucial in ensuring that your debt review matter is resolved without hassels, especially when the debt counsellor is not easy to contact or is no longer practicing debt counselling.
If you find drafting the affidavit to be complicated, you can request a specialist legal practitioner to draft one on your behalf for a fee:
Payment Options:
1. Once-off R950 or
2. R1200( R300 x 4 months)
Request Full Clearance Service
In case you are too preoccupied to follow the dispute steps, you can request full debt review clearance service.
The full Clearance Service entails:
* Free Credit Report
* Drafting of Affidavit
* Logging the dispute(NCR Form 29)
* Constant Follow Up and Update
* Acquisition of Clearance Certificate
Service Fee:
1. File Activation = R300
2. Affidavit Fee = R1200
Total = R1500(R300 x 5 months)
Types of Debt Review Listing
How it Works
The debt review notification displayed on your credit report represents the phase or stage of your debt counselling progress. Where the status is not D4, it means that the debt review process is not finalised or completed and therefore can be disputed and removed.
Statistics show that where the status is (A), there is a high possibility that the listing is unlawful or the debt counsellor abondoned the process.
Types of status notations:
A- Consumer is Under Debt Review
A - Applied for debt counselling and being assessed
A - Consumer has Applied for Debt Review
A - Consent for Restructuring
A - Application for Voluntary Debt Restructuring
D3 - Formal debt re-structuring through the courts has commenced
D4 - Formal debt re-structuring is completed, and a court order granted
D4 - Consent Order for Statutory Debt Restructuring
The entire debt review clearance assessment service is free.
Step 1: Register for Status Check
Credit Bureau Status
This entails accessing your credit records to check the debt review notification status. The debt review notification status represents the phase or stage of your debt counselling progress. The credit report shall also show details of the debt counsellor on record
Debt Counsellor Status
We use the details of the debt counsellor on record to access the NCR database to establish the registration status of the debt counsellor In other words, to determine is the debt counsellor is still activily involved in debt couselling service.
Step 2: Assessment Outcome
You receive the outcome of the above reseach and recommendations on how you can (on your own) clear the debt review flag from your credit records.
You receive the prescribed forms to log the dispute with the NCR
You are not under obligation to use the recommended action or any of the paid service.
Step 3: When you decide to use the paid service:
You will be supplied with the prescribed dispute form
You will make payment of R30 (thirty rands) to activate your file
A case manager shall be assigned to your file to perfom all necessary processes to remove the debt review flag from your credit records.
The removal process shall be completed in 7 - 30 days
Clearance Certificate
R900
(R300 x 3 Months)
Select this Status Check when:
All account are settled
<> Debt counsellor is not Contactable
<> Debt counsellor is no longer in service
<> Debt counsellor refuse to issue clearance certificate
The Status Check is Free
No Payment Required for the Status Check
You are not under obligation to use the service after the status check
None-Affidavit
R900
(R300 x 4 Months)
Select this Status Check when:
Debt Counsellor status is:
<> Voluntary Cancelled
<> Registration Lapsed
<> Cancelled by Tribunal
The Status Check is Free
No Payment Required for the Status Check
You are not under obligation to use the service after the status check
Affidavit Dispute
R1200
(R300 x 4 Months)
You Never Applied for debt review or
Bureau Status is:
- Consumer Under Debt Review (unlawful or expired)
- Court Process Commenced (expired or abandoned)
- Court Order Granted - Court Order not issued
The Status Check is Free
* No Payment Required for the Status Check
You are not under obligation to use the service after the status check