April 2011 Debtfree DIGI

Page 1

Debtfree South Africa’s free debt counselling magazine

April/May 2011 www.debtcounsellingsa.co.za


CONTENTS 02

Editors notes

03

News

06

What’s going on

08

Debt Review Terminated?

10

Change your Domicilium

12

Meet the Commissioner

13

New Software

18

Service directory

Editor Section 129... what else can you be thinking about? The Appeals court have really done a number on us. Ouch! If you don’t know what we are talking about head over to Brett Carnegie’s Article for a summary of what happened. Basically it is about to make things a little more complicated and will result (at least at first) in higher legal costs as consumers will have to try get these matters included in their debt review by the courts. Over the next few weeks we will see what Nedbank and FNB decide to do. We

mention them since they have been the most proactive from a legal standpoint in trying to ensure their rights over those of other creditors by trying all sorts of legal shenanigans. Hopefully after they have thrown some money at the issue and the courts have begun ruling in favour of the consumer having these matters put into their debt review, the creditors will not be so stringent in wanting these matters excluded from the review. After all the DC’s are trying to get them a fair portion of the available funds. We have a few items of news for you as well like FRB who are trying to help DC’s and their staff build relationships by having the same people work on the same DC’s proposals each time. This seems like a good idea. Time will tell. We hope you are having a good month and handling the transition out of summer into the colder months of the year. Watch your electrical consumption as prices are up and increased usage may blow your budget. Be sure to read the savings tips article as well. Here’s to being Debtfree!


INDUSTRY

CONSUMER

NEWS DCASA PROPOSED FEE INCREASE

DC’s QUIT

DCASA has submitted a number of proposed fee increases to the DTI and the NCR over the last 3 years. The NCR conducted their own feasibility study into the profitability of Debt Counselling and agreed that an increase in fees was necessary. A proposed fee structure was approved by the Debt Review Advisory Committee (DRAC) on 8 February 2011 and by the NCR Board on 7 April 2011. The NCR’s Board did however request the NCR to make the proposed fee structure available for comments over the next 20 days. On conclusion of this phase it is envisaged that the new fee structure will be ready for implementation.

Over the last two months 72 DC’s have advised DCASA that they have left the industry. It is expected that many more DC’s are inactive or have left the industry. DCASA has requested reasons from these DC’s why they have made the decision to leave the Debt Counselling industry and the following responses were received:

In addition to the above, Debt Counselling System Providers and PDA’s need to be informed on the proposed amendment of fees to enable system changes (if required) to accommodate the revised changes to the fees. It is expected that the revised fee structure will be ready for implementation in the last week of May. DCASA understands the enormous cost pressure experienced by Debt Counsellors over the last years and for this reason they are pleased that they have reached the final hurdle prior to implementation of the revised fee structure in May 2011. The final implementation date of the new fees will be advised during May 2011.

a. Debt Counselling is not a profitable business. b. Inability to get cases finalised in Court as result of opposition by CP’s. c. Inconsistent requirements by Magistrates which delays cases. d. Bad service and high fees charged by Attorneys. e. The lack of the NCR not effecting much needed changes to the NCA to regulate the Debt Review process. f. Non payment of Consumers under Debt Review. g. CP’s acting in bad faith.

50% SOLVE RATE During last month the DCRS processed 475 cases and the solve rate was just over 50 percent. This means that the repayment plan proposed by the DC solves a 100 percent within the agreed restructuring rules.


Case Summary: The Constitutional Court on Monday ruled that only a judge – and not a Section 53 of the National Credit Act requires high court registrar – could decide if a bank the NCR to establish and maintain a register could sell a person’s home in execution. In a of all registered Debt Counsellors on the NCR unanimous judgment, the court ruled that “where execution against the homes of indigent website. debtors who run the risk of losing their security The register is predominantly used by of tenure is sought after judgment on a money consumers seeking the assistance of either debt debt, further judicial oversight by a court of counsellors or credit providers and wishing to law of the execution process is a must”. confirm registration details with the NCR. NCR NATIONAL RECORD OF REGISTRATION

The NCR is currently updating this database FRB/DC RELATIONSHIP MANAGERS and are contacting all registered DC’s to try FRB (basically FNB’s Parent company) recently update their details. sent out a message to all DC’s saying/implying Should you have any queries in this regard, that all correspondence from DC’s will now be please feel free to contact the National Credit handled by one team within FRB. This should Regulator on Telephone 011 554 2634, Fax 011 mean that a working relationship can be established as the two parties begin to deal 554 2628 or email codeofconduct@ncr.org.za with one another regularly. BETTER JUDGEMENT In the case of Elsie Gundwana v Steko Development CC and Others Case No: CCT 44/10 recently it was decided that a judge has to rule on whether your home can be sold not just the High Court Registrar. The case relates to Elsie Gundwana, who lives in Thembalethu township outside George in the Western Cape. Nedcor bank sold her house to collect a paltry R5268 arrears on her bond. Ms Gundwana claims that after issuing her a summons claiming payment on her bond, Nedcor Bank compromised its claim against her, as it had continued to take payment from her for four years before seeking a default judgment and selling her property.

http://twitter.com/Debtfree_DIGI


APPEALS COURT RULING 129 In its recent, and as yet unreported judgment delivered on the 28th March 2011 in the matter of Nedbank v the National Credit Regulator the Supreme Court of Appeal held that the notice envisaged by section 129(1)(a) of the NCA is specific and refers to a particular credit agreement calling on the parties to resolve their dispute and agree on a plan to bring the payments up to date. It is not directed at a declaration of over-indebtedness at all. The court went on to state that the section 129(1)(a) notice is the first ‘step’ that the credit provider “has proceeded to take... to enforce that agreement’ as envisaged by section 86(2) of the NCA. It does not exclude a debt review save in so far as it relates to the particular agreement under consideration. The Supreme Court of Appeal therefore concluded by stating that:

to enforce that agreement’: a debt review relating to that specific agreement is thereafter excluded.” In essence, once a section 129 notice letter is given that specific credit agreement is excluded from debt review. It was however stated by the court at [11] that “But even if a particular credit agreement falls outside the scope of debt review a court may nevertheless, as provided for by section 85, in any court proceedings ‘in which a credit agreement is being considered’ and in which it is alleged that the consumer is over-indebted, refer that matter to a debt counsellor for evaluation and a recommendation in terms of s 86(7) or declare that the consumer is over-indebted and make any of the orders contemplated in s 87.

It would seem that the courts will now be faced “It follows that by giving the notice envisaged with a plethora of section 85 enquiries. by s 129(1)(a) the credit provider has proceeded to take the steps contemplated in section 129 Brett Carnegie


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CONSUMER

INDUSTRY

BATTLESTATIONS SECTION 129 The recent ruling by the Appeals Court is at first glance hard hitting one. No doubt the South African consumer is about to see a wave of section 129’s issued in regard to Bond and VAF accounts.

running costs or in their proposed restructured repayment plan sent to the courts for a ruling.

Before the new ruling by the Appeals Court, due to this wording in this letter it was assumed that the account for which the section 129 letter had been sent should be included if the consumer did approach a debt counsellor within the 10 days mentioned and excluded if they only did so after the 10 days mentioned. Not so any longer. Now the ruling indicates that this account should now be excluded from the debt review restructuring no matter when the letter was received. Will this prevent consumers from having these accounts included in their debt review?

What this does mean is that there may now be another legal step in the debt review process for consumers who have received section 129 letters. As with all court activity if the consumer is represented by legal counsel this is going to cost them. Of course a consumer can represent themselves but most consumers do not feel confident enough to do so. So here is another potential cost.

The ruling by the Appeals Court while saying that accounts that had received a section 129 notice should not be included in a debt review A Section 129 letter informs a consumer (but that all other accounts should be) also that they are about to be sent a summons highlighted the role of Section 85 of the NCA. and that the creditor is about to try get a This section discusses how any court hearing judgment against them should they not settle a matter where it is alleged that a consumer up the account or make an arrangement to is over indebted may order a debt review to do so within the next 10 days. This letter also take place. Whether the wording here means states that the consumer should approach a that the account in question can be included debt counsellor (as an option) since they are in said debt review will no doubt still have to obviously experiencing difficulty repaying the be argued but it does seem that this is the purpose of this section. credit facilities they have.

Consumers will now have to enter a defense to the summons they receive for these 129 accounts and go to court and do a sect 85 defense asking the court to include this Well... Not really. After all the account will account in their debt review. This being the either be included in the consumers monthly case DC’s will have to try contact the Creditor


in question on the consumers behalf (with power of attorney) and negotiate something first. If/when the Creditors refuses to make a reasonable plan the matter will have to be dealt with in court through Sect 85 (hopefully).

ruling and when a creditor shows up to oppose the matter on the basis that a section 129 letter was sent out the DC can then ask for the matter to be included at this point.

Different courts will probably rule in different As always many creditors will co-operate ways about this but at least an effort should with the purpose of the act and help make an be made to protect the consumer. Leave it up arrangement outside the debt restructuring. to the courts to decide. If these accounts are This arrangement will then be included in the then excluded by the court they can simply be consumers budget section of their proposals removed from the draft court order straight away and then hopefully the order can be to other creditors and to the courts. granted for the other accounts. However some creditors will try to railroad the consumer as always and try ensure they get What many credit providers legal departments first go at the consumers assets. However with fail to realise is that they cannot get blood out the reserve bank warning the major banks not of a stone and that fighting the debt review to sink the economy by auctioning off homes process does not really help the creditor. left and right and with the banks receiving so Sure it makes the legal department look like little on auction and with the courts hesitating it is busy doing it’s job but really little else is to sell consumers homes for small amounts accomplished other than creating costs for the owing this does not mean that this will be company. the norm. In most cases where this happens it is important to note that it is the legal Think of it this way: If the account is excluded departments within these organisations and from the debt review then should the CP wish not the debt review departments or even the to garnish the consumers salary for funds they relative product house insisting on this action. will find that because of the debt restructuring Since this could become the norm from certain creditors should DC’s even take the section 129 letters into consideration if the creditor does not wish to co-operate and negotiate outside the debt review process? Well, if ANY court hearing the matter can make a section 85 ruling then there is good cause for DC’s to leave these accounts in the draft court proposal and not excluded them. Rather they should adjust their Founding affidavits to mention the matter and ask the court for a

CP’s will only be able to take a fair and proportionate amount of a consumers salary application there will only be a fair and proportionate amount (as proposed by the debt counsellor) left for them to take after a court performs a financial situation review by the court anyway.


CONSUMER

INDUSTRY

If a judgment (for instance a summary judgment) is achieved by the creditor then an application by the consumer can be made to make a payment plan through a court order for that account even though judgment has been granted. Once again in this case if the debt restructuring order or proposal to Mag court is in place only the amount proposed by the DC should be available.

appearances themselves and are well informed and prepped by their DC’s... there are a lot more consumers than creditors. Just based on capacity most creditors legal departments will quickly be overwhelmed as no doubt will the courts be unless they simply start making section 85 rulings.

A real concern is possible rescission appeals on existing court orders which could be a pain. Besides if one of the big banks consistently (see the article in this months Debtfree DIGI by start enforcing this 129 matter and the debt Kelly Benn in this regard) Presumably Creditors counsellors have to leave the full demanded would only bother with this where large assets monthly amount for this creditor it simply are concerned. These matters could be dealt means that there will be less money for all with in exactly the same way but once again it the other creditors that get included in the is extra work for the DC. debt review. Pretty soon we will see accounts being paid off over more than 20 years again Maybe if they try hard enough the CP’s can in proposals since one creditor is taking all the create so much work for the DC’s that they consumers available funds right now and all “drive” them out of the industry. However all the other accounts are running up to induplum this will mean is that smaller DC’s will fall away due to interest and receiving little or no funds. and only large DC firms with larger resources will be left over. This will make little difference to the consumer. So section 129 or not debt review will continue to try balance the needs of all creditors as well as the consumer.

Once creditors see how much time and money their legal departments are wasting there will be a big shift in how they deal with debt review

All these nasty creditors can do is try to use the cost of the legal system to hurt the consumer which will gain them a bad reputation. Look what all the section 86(10) nonsense has done to Nedbank’s reputation. However if more and more consumers begin making court

Once the nasty creditors management get to see how much time and money their legal departments are wasting there will be a big shift in how they deal with the debt review process (and maybe a few people will get fired). After all DC’s ensure a fair and realistic ongoing distribution of available funds will be made to all creditors involved. Do not fear the Sect 129 influx that is about to happen. Adapt your strategy, tell consumers they will have a bit more work to do and trust that the courts and common sense will prevail.


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

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Comment on Section 129

FROM OUR READERS

This is clearly a part of the Judgement that has shocked and ‘caught off guard’ DCs (Debt Counsellors) and clients alike. A ‘blow’ at a time when some of the ‘legal mountains’ created by CPs (Credit Providers), out of the loopholes allowed by a poorly drafted NCA had just begun to appear a little less insurmountable, with a series of groundbreaking, precedent setting judgments bringing a little relief. All the more so, because many of these Judgments appear driven by interpretations based on strong ‘purposive’ arguments. What is the overall original purpose of the Act/ specific section? Supported by NCR driven arguments highlighting CP practices that counteract/subvert these purposes. The Recent Appeals Court ruling appears rather devoid of any traces of such input. Strictly speaking, the legal minds of the Appeal Court were asked to examine the wording of the Act and consider other legal opinion. Having read the relevant section of this Judgment, I can once again clearly see how this interpretation was decided upon and we have to remind ourselves that the Sections in question have been ‘legally unclarified’ since the Honourable Ben Du Plessis was unprepared to rule on this in 2009. Sec 86(2) read with Sec’s 129 and 130 are clearly an interpretation


nightmare. Once again this Judgment is given All that is however in the future. Right now DCs’ against the backdrop of highlighted sections morale needs addressing. This could be the ‘straw that breaks the camel’s back’ for many. of the Purposes of the NCA. What can be done? DCs need to band together The challenge for DCs and clients at present through the Associations. A consistent set of is that we’re all too aware of the extent to process responses need to be decided upon which CPs often ‘enforce agreements’ with and implemented with the assistance of no apparent regard for the Purposes of the DRAC. The NDMA should be engaged re the Act and its intended ethos. The very real fear adoption of a constructive approach to the here is thus that the CP’s will overlook the implementation of this Ruling by its members, ‘consensual resolution’ focus and ‘eventual one where common sense prevails. satisfaction of... obligations’ underpinning of this new understanding of Sec 86(2) and move Is this moment going to prove to be ‘one swiftly to ‘attach goods’ to the detriment of challenge too many’ for this Industry? Poor over indebted consumers have already lost over-indebted consumers. their right to free debt intervention. Recourse through a Sec 85 application is not going to provide timeous solutions and will Are all financially burdened consumers about throw us back at the mercy of an overburdened to lose the protections that were introduced Magistrates Court. It is going to be a nightmare on 1 June 2007? This is a battle that DCs must trying to support/protect new clients with find the energy to take on. Too much is at stake! mortgages and vehicle asset finance. This also counteracts the Task Teams’ enhanced Dawn Jackson Debt Review Process and the NDMA’s web NCR DC TRAINING COURSE FACILITATOR based central rules engine initiatives that seek more ‘consensual resolution’ of Restructured Dawn Jackson dawnjackson.training@telkomsa.net Proposals outside of the Courts? Cell: 072 1769789 There is little we can do to change this ruling at Fax: (021) 762 3940 present. The next legal port of call would have to be the Constitutional Court. These sections can be targeted for NCA changes. Consumers need to be educated to get to debt intervention well before a Sec 129 is sent out.


CONSUMER

tips to save As the weather starts to turn chilly, we find ourselves reaching for our blankets and turning on the heater. With the increase in the price of electricity by another 25.8% we need to find ways in order to keep our costs down.

We all have it within our power to make a difference to the energy efficiency in South Africa, so why not make it start with you and your family! Lets talk practically, how can we keep our electricity bill down to an affordable amount?

Eskom has launched SA’s biggest energy saving movement – “49M”. This slogan aims to spur us, the 49 Million South Africans, to join the Deputy GENERAL President of South Africa, Ministers of Public Enterprises and of energy to save power, our • If you’re not using an appliance, switch it off & unplug it from the wall. pockets, and our planet. Strange to think part of their business plan is to get consumers to • Use electrical appliances where possible use less of their product. However as in recent outside of Eskom’s peak demand hours of years the challenge Eskom face is that demand 06:30 -10:00 and 17:00 - 21:00. at peak times threatens to outstrip supply. • Use energy saving globes (CFLs) instead of Brian Dames (Eskom’s Chief Executive) says: incandescent bulbs. Sure the light is a bit “The simple Truth is that Eskom cannot meet washed out but the savings and lifespan of these challenges alone. We need the active these bulbs makes it worth it. support of the entire population….. 49M brings about a new way to grow and sustain • Use fewer bulbs with higher wattages. For instance, one 100 watt bulb produces the South Africa as collectively we reduce our same light as two 60 watt bulbs. national electricity consumption, save money in the process, and simultaneously contribute • Wear warm clothes and use hot water to a climate change solution.”


bottles and avoid using heaters. • Electric blankets are the cheapest way of staying warm in bed although don’t keep them on throughout the night. Turn them on for an hour or two just before bed to heat it up. • Switch lights off when they are not needed. IN THE BATHROOM

or pressure cooker. • When you defrost food, leave it in the fridge overnight. You will use less electricity than defrosting food in the microwave. • Don’t open the Fridge door unnecessarily and make sure the seal is intact. • Defrost fridges regularly. A build up of ice reduces operating efficiency and increases running costs.

• Instead of a long bath rather shower, as • Turn off the Dish washer before drying cycle showers use less water and energy. Energy and wipe dishes clean with a dry cloth. and water-saving shower heads use less • Always use an iron that is thermostatically water and electricity. controlled. You can avoid ironing clothes by removing clothing promptly from tumble IN THE KITCHEN dryer and folding them carefully. • Do not fill a kettle if only a small quantity • Remove water before putting clothes into of boiling water is required. (It is more the tumble dryer, and utilize sunny days for economical to boil water in a kettle than in drying clothes outside. a pot on the stove). • Wash clothes in cold water. Wash only • Making toast in the toaster costs R4,83 full loads in the washing machine and whilst it costs R10,40 to make it in the oven. dishwasher. • Use pressure/slow cookers when preparing foods that take a long time to cook. • Match pots and pans to stove plates. Small pots on large plates waste electricity. Do not use pots with distorted bottoms.

• Make sure you have a full load before washing & select the shortest possible washing programme. Whether you are under Debt Review or not, cost saving tips are for everybody!

• Switch off the plates or oven before food is fully cooked, allowing completion of Some content taken from Eskom’s Media cooking at a diminishing heat. Keep oven statement of 18 March 2011. doors closed until food is cooked. • Use the microwave to cook small to medium quantities of food. For larger portions of meat, it is better to use a conventional oven


CONSUMER

INDUSTRY

THE CONSUMER PROTECTION ACT The Consumer Protection Act (CPA) came into effect on the 1st April 2011 and will have vast consequences on all companies and persons who sell goods and who provide services. The purpose of this Act is to level the playing field of consumerism, and finally brings our consumer legislation on par with international consumer law. Previous legislation has been consolidated, the consumer rights of the United Nations adopted and for the first time in our history the consumer is now properly protected. Under the CPA the rights of consumers are clearly defined. The good news is that at least as consumers we are now properly protected but the bad news is that we as suppliers are exposed to potential claims and fines. The problem that the Act may cause is that a consumer will be able to claim that he was not informed or that “he did not know” and you (the supplier) could be held liable. We are now getting on par with American law where big claims can be made against companies for little reason and it is therefore better to preempt any problems. There is good news as well and particularly I wish to point out the cancellation of cell phone or gym contracts. Any contracts en-

tered into after the 1st April that is a term contract (for 1 year or 2 years – this includes lease agreements) will be subject to section 14 of the CPA. This will mean that the supplier cannot enforce the term any longer, as the consumer (and the supplier) will be able to cancel the agreement with 20 days’ notice. This will mean where your client has such a contract, you can cancel the agreement to avoid his/her further liability. What is important to know is that a consumer has a cooling off period of 5 business days and will have the right to cancel agreements within the cooling-off period, without providing reasons or incurring penalties for doing so. The general nature of this article unfortunately does allow for discussing any of the specific rights in detail, but suffice to say it is important that when a debt counsellor registers a new client, the following must be in place: A mandate letter clearly setting out the content of discussion with a client, the advice that was given, the full details of the debt counsellor, who will work with the matter, what the fees are, when fees are payable and the consequences of when no payments are made, the procedure of debt counselling; (the attorney who brings the application on your behalf


should also provide a mandate letter to the client setting out the above clearly). This letter must be signed by your client, preferably in the presence of witnesses. (This letter should be comprehensive and include as much detail as possible). Clear display of the debt counsellor and/or any of his/her representatives: registration number, name of company or person, name of representative, capacity of person dealing with the client. All documentation must be in simple, easy to read language. Remove any legal jargon from your documentation

Every person should familiarise him/herself with the Act, so as to get all contracts and documentation in order. It is imperative that initial contact with a client is clearly defined as to avoid potential liability later. If a supplier is found to have contravened the Act, they could face and Administrative fine of up to 10% annual turnover or R1million, whichever is the greater. A risk none of us would like to be exposed to. Enter the teething problem period of yet another new Act! By Nanika Prinsloo of Prinsloo & Associates www.empowerlaw.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 Andre Snyman Tel: 0861 628 628 Credit Matters 021 431 9100 info@creditmatters.co.za Darran Manikam NCRDC704 debt@mailbox.co.za Debtbusters 0861 663 328 (NO DEBT) 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

Help-U-Debt (Vaal Triangle) Wanine Tel: 082 445 3967 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 Durban Debt Counselling Services Suite 112, 1st floor Union Club Building 353 Smith 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 (Potchefstroom) Madra 083 390 3275 Help-U-Debt (Parys) Marilouise 082 920 6249 Help-U-Debt (Vanderbijlpark) Herma 083 320 8303 MG Consulting For your Debt Counselling Service M.C. Cambouris NCRDC1403 Telephone: 021 919 4618 082 450 7459 082 782 0595 Fax: 086 622 0690 Bellville 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


DRS BOND CHOICE P.E. Office: 041 393 7000 BORDER REGION: DRS EAST LONDON Office: 043 7212 656 DRS KING WILLIAMS TOWN Harry Light Cell: 082 573 5803 Office: 043 643 3024 Email: harry@drssa.co.za

DRS CENTRAL 041 586 2020 Email leon@lynxsa.com DRS DESPATCH Office: 041 933 1189 DRS HUMANSDORP Office: 042 291 0135 DRS KIRKWOOD EXPRESS Office: 087 8080 500

GAUTENG: DRS PRETORIA CENTRAL Ivan Mabuthu Cell: 082 266 6210 Office: 012 320 8304 Fax: 012 320 8388 drspretoriacentral@drssa.co.za DRS CENTURION EXPRESS Office: 012 653 0127 DRS HARTEBEESPOORT Office: 012 253 1231

DRS CRADOCK Herman Marais Cell: 082 378 3743 Fax 045 838 6572 Email cradock@drssa.co.za

DRS PORT ELIZABETH Office: 041 453 8961

DRS QUEENSTOWN Herman Marais Cell: 082 378 3743 Office: 045 838 9764 Email herman@drssa.co.za

DRS SOMMERSET EAST Luther De Bruyn Office: 042 243 1107

DRS MTHATHA Herman Marais Cell: 082 378 3743 Office: 047-5323356 Email herman@drssa.co.za

MANGAUNG Zune Coetzer Office: 051 436 4515 Email zune@drssa.co.za

DRS ZAMBESI EXPRESS Office: 012 7555 225

SOUTH FREESTATE Office: 053 591 0734

DRS MORNINGSIDE Ericah Mtshali Cell: 076 578 8660 Office: 031 301 5993 email ericah@drssa.co.za DRS DURBAN NORTH EXPRESS Office: 031 584 6305

EASTERN CAPE: DRS ALBANY Office: 041 365 5857 DRS ALGOA Craig Wheetman Cell: 083 299 0311 Office: 041 364 1888 Email david@drssa.co.za

DRS SIDWELL EXPRESS Office: 041 451 0474

FREESTATE:

GARDEN ROUTE: DRS GEORGE Office: 044 874 2820 Email francoisv@drssa.co.za

DRS LIMPOPO CENTRAL Office: 015 297 1387 DRS PRETORIA NOORD Office: 012 546 2187 DRS ROODEPOORT EXPRESS Office: 011 472 4171 DRS RUSTENBURG 083 740 4620

KWA ZULU NATAL:

DRS GREYVILLE Office: 031 309 8716 DRS KOKSTAD Office: 039 727 1430


DRS PHOENIX 082 374 7040 WESTERN CAPE: DRS BELLVILLE Office: 021 948 8523 / 4 DRS DIAMOND Office: 021 421 8563 DRS TYGERBERG Office: 021 945 4062 DRS WEST COAST Marius Coetzee Cell: 082 978 4407 Office: 022 713 3766 Email mariusc@drssa.co.za Debt DRS SALDANHA Office: 022 714 3939 DRS SOLUTIONS 084 586 5600

Debt Counselling cont’d 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

Ramonti Debt Counselling Jacob Ramonti - NCR DC 932 Cell : 082 962 4537 Fax: 086 658 7627 Email:ditsamai@yahoo.co.uk Soweto 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 Staff Line Ndizani Executive Recruitment Cell no: 083 3028163 Direct Line: (011) 468 - 2150 E- Mail: saki@staffline.co.za Blank Design For all design and marketing needs including websites, brochures, business cards etc. Steve Rosenberg steve@blankds.com 083 700 2020 www.blankds.com Designtimes South Africa’s creative resource www.designtimes.co.za

Financial ABSA Customer Debt Repair Line 0860 356 356 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 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 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

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

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

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

Scheepers Attorneys Gerhard Scheepers schlaw@iburst.co.za

Compuscan 0861 514 131 www.compuscan.co.za

LUCID Attorneys Tel: 011 880 1100 Fax: 011 880 1101 Email: info@lucidsa.com www.lucidliving.co.za/attorney

Computer Profile Bureau 0861 28 7328 www.c-p-b.co.za

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

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 011 886 8519 www.cba.co.za

Long Term Insurance Ombud 021 657 5000 www.ombud.co.za

National Credit Regulator 0860 627 627 www.ncr.org.za Ombud for Short term Insurance 011 726 8900 www.osti.co.za

Credit Providers Association 011 789 6825 www.cpa.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

Legal Resources Centre 011 836 9831 www.lrc.org.za

South Africa’s debt counselling magazine

Micro Finance South Africa 012 345 0809 www.mfsa.net Motor Industry Ombud 012 841 2945 www.miosa.co.za

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

Financial Services Board 012 428 8000 www.fsb.co.za Furniture Traders Association 011 789 6770

Debtfree

February 2010 www.debtcounsellingsa.co.za

If you want to subscribe, advertise or be listed in our directory please contact us! magazine@debtcounsellingsa.co.za Would you like your after care clients to recieve Debtfree each month? All you need to do is forward us their email address to magazine@debtcounsellingsa.co.za



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