South Africa’s debt counselling magazine
December 2013 www.debtfreedigi.co.za
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CONTENTS EDITOR’S NOTE
2013 Review
CONSOLIDATION LOAN?
ALL PRO DC Newsletter
DIRECTORY
S im plicit y
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EDITOR’S NOTE Whatever else happened this year, 2013 will probably be best remembered in South Africa as the year Nelson Mandela died. His passing in December drew attention not only from SA citizens but also from international media and people across the world.
Getting consumers to trust in the process is a vital part of growing the industry and helping even more troubled consumers.
The year saw greater participation by Debt Counsellors in associations and forums where ideas and concerns could be raised and This month Debtfree continues our tradition addressed. We also saw greater engagement (in December) of looking back over the year with debt Counsellors by creditors and even and seeing what happened. Be sure to read the NCR. This made all parties not only feel the main article for a glimpse at some of the good but understand each other a bit better. highs and sadly lows of the year and how these These developments bode well for the future. events effect you. The Debtfree team have also been busy with 2013 has been a busy year with big moves from Special Print Editions, new products and the DTI and the NCR. What has been interesting services for consumers and DCs, as well as, our to see is how, in 2013, the number of people new look website which you will notice has turning to Debt Counsellors for help increased. started to undergo some big changes. Keep This year (particularly the second half of the visiting for even more treats over the next few year) saw on average about 10 000 people weeks. applying for debt review each month. This is a significant increase over 2012’s average of What lies ahead for 2014? Well, we all agree it around 6000 people monthly. Undoubtedly is going to be a busy year for Debt Counsellors this relates to increased financial pressures and a tough year for consumers but think and the ongoing world wide financial crisis. about this: it could also be the year that you However it also seems that debt review’s get debt free. reputation has improved in the public mind. This is a big victory for an industry that is based on helping consumers and not on profiteering.
2013 has not been a quiet year for debt review. We take a moment to look back over the past 12 months and see what has been going on. With the DTI proposing changes to the NCA and the NCR taking strong action against credit providers who are operating outside the law it seems that each month of the year had an abundance of new developments. The second half of the year in particular saw very high numbers of consumers applying for debt review somewhat reminiscent of when the NCA first came into existence.
JANUARY
FEBRUARY
6 899 people apply for debt review
9 054 people apply for debt review
Repo Rate 5%
Postponement of judgment in Western Cape High Court due to securitisation. The first of many, many queries into the ABSA missing documents due to a fire claim.
January began with everyone talking about the NCR’s statement in December 2012 that they had decided to withdraw recognition of the Industry Codes of Conduct relating to debt review and their recognition of the role of the NDMA, DCASA and Credit Ombud. They called for comments and announced that they would consider the comments and then let the industry know for sure. Various parties submitted comments.
NDMA visits Diepsloot Reappearance of the NDMA after a quiet few weeks. ANC conflict with FNB The ANC announced they had decided to switch banking to Post Bank after conflict over an FNB TV Ad.
The distinctive KEEP CALM and GET DEBTFREE cover BASA supports Twin Peaks plan (especially in regard to the FSB) but NCR doesn’t.
MARCH 8 960 people apply for debt review DTI (after consultation with Debt Counsellors) hand in research on the Twin Peaks Model Bad Press for Coombe & Associates (who were investigated by the law Society of the Northern province) is deniied as the reason for rebranding as Flemix. ABSA get a lot of bad press for buying a property on auction from themselves for only R1000. Unregistered Werlan Cash Loans get fined R900 000 by the NCT NCR 2 day Workshop in KZN in partnership with KwaZulu Natal Financial Literacy Association has big focus on EAOs (commonly called Garnishee Orders) 9 996 people apply for debt review
APRIL
New ERA convinced the courts that their case regarding Securitisation should go forward despite opposition from various Banks.
Capitec get into trouble with the NCR about initiation fees for renewed loans.
Credit Amnesty raised in 2012 now starts getting mentioned in earnest.
NCR announce after many months that they are withdrawing support for the Codes of Conduct and the various role players under the codes.
BDCF establish regional representation in Cyprus banks collapse. The EU had to scrape Western Cape (area of SA with second highest together Billions and Billions of Euros to rescue amount of Debt Counsellors) and KZN. the crumbling banking system in Cyprus. In an shocking move the Cypriot government OKs Task Team on Credit Life Insurance (arranged the looting of consumers accounts to come by Treasury, FSB and NCR) shows consumers up with the 10 billion Euros that Cyprus must are paying too much and not claiming enough. contribute. The countries second largest bank goes under. DCU AGM
MAY 10 529 people apply for debt review NCR have 9 credit providers arrested for illegal conduct after raids in Venda. NCR distribute a set of codes of conduct regarding debt review to Debt Counsellors. DCs are not asked to sign anything. NDMA complain that they were not able to engage with the NCR about the codes of conduct or their role under the codes before the NCR pulled recognition. DCASA stop complaints service in wake of NCR decision as NCR call for all complaints to be sent to them. AllProDC host conference in Cape Town for Debt Counsellors
JUNE 9 706 people apply for debt review Debt Review and the NCA turn 6 The DTI Release a Draft Bill of Amendments to the National Credit Act. DTI host public hearings about the Draft Amendment Bill and call for written submissions. Debt Counsellors and associations comment.
Debt
Counsellor
Debt
NCR raid in Upington leads to the arrest of 13 credit providers
NCR host workshop with Debt Counsellors in KZN
Credit Bureau figures released by NCR show that another 185 000 consumers fell 3 months behind on payments.
SABC Special securitisation
FNB Debt Review Centre moves offices to FNB Towers in JHB CBD.
NCT deregister 2 none performing Counsellors
Assignment
focus
on
JULY 11 827 people apply for Debt review NCR host Workshop in Gauteng for Debt Counsellors NCR announce that Consumer Protection Excellence ( CPE) will not be getting a renewal on their licence to act as a Payment Distribution Agency handling consumers money. DCs are given 1 week to scramble to shift consumers accounts to another PDA and let the NCR know. Repo Rate holds at 5%
AUGUST 10 360 people apply for Debt review DCASA Annual Conference Africa Unsecured Lending Summit held in Gauteng. MoneyWeb publish expose on Flemix (Coombe & Associates) based on whistleblowers’ inside scoop. Credit Matters ( Debt Counsellors) move offices to two floors in prime CBD location.
NDMA decide to offer debt review services NCR host meeting about Alternative Dispute after severing financial support from credit Resolution in Gauteng. providers. DCASA Western Cape host EXPO for Debt Counsellors
Debtfree interview Minister Rob Davies about debt review (featured in Special Print Edition)
OCTOBER 12 780 people apply for Debt review NCR publish Affordability Assessment Guidelines for credit providers to use when offering consumers credit
SEPTEMBER 10 249 people apply for Debt review NCR host workshop for Debt Counsellors in Western Cape Credit Amnesty gets the green light from Cabinet.
The deregistration of former Debt Counsellor Christo Bornman is confirmed by the Supreme Court of Appeal. CIF meet for the first time. Use of NCR Task Team (2010) tabled for discussion. Associations call for DCs to comment on NCR Task Team report and then submit comments. NCR circulate info to non affiliated DCs.
African Bank walk away from the NCRs original SABC Special Assignment run second R300 million fine proposal to the NCT with a bill of only R20 million rand (plus other costs instalment in Securitisation show. and refunding consumers etc). Atlas Finance get tired of all the coverage from ETV and MoneyWeb regarding allegations Fire at MetroFile in KZN destroys files... maybe of Garnishee abuse and decide to try sue even some of ABSA’s documents. everyone. DTI hold public hearing regarding Credit NCR announce Credit Industry Forum to replace Amnesty. former Debt Review Advisory Committee ( DTI publish final National Credit Amendment DRAC) Bill with a few changes from the original draft. DCASA, AllProDC and BDCF invited to represent PDAs are included and wording on Sect 129 Debt Counsellors. Independent and non and Sect 86(10) are amended. NCR set to get affiliated Debt Counsellors vent frustration on more authority and the NCT to hear reckless association neutral www.thedci.co.za forum credit matters. asking how they will have their say. NCR push for Garnishee (EAO) limits and Credit NCR offers to allow comment on CIF proposals. Life fee cap.
DECEMBER NCR and FSB get into media war about NCR’s future under Twin Peaks.
NOVEMBER DCASA AGM AllProDC AGM Credit Provider Rufus Financial Consultants gets deregistered by the NCT DTI call for comment on the National Credit Amendment Bill NCR and SAPS arrest 10 credit providers in Mpumalanga for illegal activities like taking people pension cards or ID books . NCT fines Credit Care R420 000 and cancels their registration as a credit provider. FNB host a series of popular meetings with Debt Counsellors in PE, Durban, JHB and CT.
Credit Bureau report shows another 71 000 consumers fall several months behind on debt as economy continues to underperform. 9.76 million SA consumers are in deep, deep trouble. December 2013 saw the passing of “Madiba”. President Nelson Mandela who was born back during the First World War in 1918 was 95 years of age at his passing. During his lifetime he saw the advent of airplanes first used in war, the Spanish Flu, the creation of atomic weapons (during World War Two) as well as, the creation of the United Nation. He lived through not only the creation of Apartheid but also saw it’s end. He outlived the cold war, the end of Soviet Communism and the fall of the Soviet Union. He saw the rise of both the European Union and African Union. His dreams of ending poverty in South Africa have not been realised but recent history has seen more South Africans of all races have access to credit and better education, housing and human rights than ever before. A Nobel Peace prize winner, revolutionary, mediator, prisoner, father of a nation and President of a new democracy... he did it all.
W. Cape High Court refuse to grant summary judgement to ABSA against a consumer because the court says ABSA cannot just claim The Credit Industry Forum meet to discuss the NCR Task Team, DCRS, Credit Switch etc. documents were lost in a fire.
NCR issue SA Taxi Securitisation with a This year hundreds of consumers managed to compliance notice for not sharing discounts get debt free. Well done! For others it is one step closer to that goal. See you in 2014. on insurance with their clients.
insurance done right Call us 086 126 6562 Marijke Wessels Portfolio Manager, Gauteng, KZN & Free State Mobile 082 729 3833 Email marijke.w@one.za.com Sam Haasbroek Portfolio Manager, Western, Eastern Cape & Northern Cape Mobile 082 550 7294 Email sam.h@one.za.com
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CONSUMER
WHAT TO LOOK OUT FOR WHEN YOU NEED A CONSOLIDATION LOAN The Quotation Debtfree asked Kim Armfield of Armfield & Associates & Libertine Consultants about what a consumers rights are when they go looking for a consolidation loan or in fact any type of credit.
Kim: We have come a long road with consumers in the credit industry and the legal field, and yet we are still amazed at how little the ‘ordinary’ consumer knows about his or her rights. Let’s consider you rights as regards a loan that you, the consumer, may apply for. This includes those “consolidation” loans that are so tempting and seem, at first glance, to be the answer to your financial and debt problems. But are they really? And if by some slim chance such a consolidation is the answer, let us consider what you are in for. Otherwise put, when you make the decision to apply for credit, ensure that you make an informed decision. Are you aware of the fact that when you apply for a loan at any registered credit provider, they have to give you a quote? This is a requirement of Section 92 of the National Credit Act 34 of 2005 (the quote is referred to as a “preagreement statement and quotation) and this quote is valid for a period of 5 working days. So what must be on this quote and what is the purpose of the quote? It is important that you read your quote carefully before signing it (the quote) and before signing the actual loan agreement itself. The following information MUST appear on the quote that you receive; but please keep in mind that the quote is usually attached to your loan agreement and it is not given to you separately:
c) all other credit costs, for instance credit life insurance; d) the total amount repayable, which will include all the above sums This information shows you exactly how much you will repay. So, now that you know what you are in for - and you should note all the charges, fees and interest that you are giving away from your hard-earned money - the next question is: what is the reason for the quote? Well, the answer to this is quite simple, and that is so that you can shop around. Remember that you are regarded as, and are called, a “consumer” and of course it is the natural function of any consumer to shop around and obtain the best deal he or she can find. This is also true when you seek a loan or credit facility; you have 5 working days to shop around for a better deal. If you are in good standing with the credit bureaux, in other words you have no default listings or judgments and if you faithfully pay your creditors on time each month, then your chances of getting a better deal (and in particular better interest rates) at other credit providers is extremely good. Even if you don’t have a great record you should still shop around. Credit providers, including the banks, want your business and they are not ‘doing you a favour’ by granting you credit, after all their credit comes with a price! And so, why not shop around to ensure that the loan will cost you as little as possible.....that makes money sense, does it not?
a) the capital amount that is being loaned to Thanks Kim - See the Jan 2014 Debtfree DIGI for part 2 you; b) the interest rate that they wish to charge you;
DEBT COUNSELLORS ASSOCIATIONS ANNOUNCEMENT BOARD The death of a great man who changed the world is always a good time to pause for reflection. We thank Mr. Nelson Mandela for the time of transition when we needed him as a country, to make possible what many now recognize as a miracle.
DCU Thank you for all your support in 2013
May we all experience the “Madiba Magic” which was brought forth by his message of peace, love and forgiveness. DCASA wishes you a blessed and safe festive season and best wishes for 2014.
www.dcasa.co.za
For more information contact: chairman@newera.org.za www.newera.org.za
The BDCF end of year function was great fun. Be sure to visit the facebook page and see some photos:
AllProDC attended the CIF meeting in December 2013. Submissions regarding the NCR Task Team were made.
https://www.facebook.com/BlackDebtCounsellorsForum
Check this issue of Debtfree for our monthly newsletter.
See you in 2014
AllProDC wish all our members a relaxing holiday break and look forward to a great 2014.
www.bdcf.co.za
www.allprodc.org
DECEMBER
NEWSLETTER We wish our members a happy holidays and look forward to a great year in 2014 Credit Industry Forum - latest Thanks to all our members who showed support for the small change to the responsibilities of our Credit Industry Forum Representative. Our constitution is important to us and it was with this in mind that we asked all members to weigh in on allowing the CIF rep to do more than sit and observe. We are happy to announce that the CIF Rep will now be able to actively participate and share the views of our members at the CIF meetings. Thanks to all our members for their prompt response to this matter. National Credit Amendment Bill Don’t forget: The DTI are holding a series of public hearings across the country next month, where citizens can have their say in regard to the National Credit Amendment Bill. These public hearings will be held on 28, 29 and 30 January 2014. Representatives from AllProDC will attend.
See you in 2014 It has been a great year for the association with many significant victories. This is mainly due to the hard work and enthusiasm of our members and NEC. Well done! 2014 looks set to be a busy year with even more exciting things to come. With this in mind AllProDC will be stepping up our efforts once more in 2014. Be sure to check the Facebook page for the latest developments and even legal advice. We wish you the best over the year end and look forward to representing our industry and the needs of consumers under debt review in 2014.
CONTACT DETAILS secretary@allprodc.org FORUM: www.debtconcern.webs.com WEBSITE: www.allprodc.org FACEBOOK: www.facebook.com/AllProDC TWITTER: www.twitter.com/AllProDC
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Cell: 072 1769789 FINANCIAL
ABSA Customer Debt Repair Line 0861 005 901 Credit Ombudsman 0861 662837 Experian 011 799-3400 debtcounsel@experian.co.za Eric Streso Financial Planner B Juris LL B CFP MBA Tel: 0833273358 Fax: 086 612 7912
Fair Debt 0829019788 or 012-3772558 ray@fairdebt.co.za PACFIN Financial Solutions Head Office Tel: +27 11 9757445 Fax: 0865368783 36 Van Riebeeck road Kempton Park 1619 pieter@pacfin.co.za Monte Carlo Building No 8 Voortrekkerstreet Kempton Park 1619 Kempton Park Contact: Reyno Coetzee Tel: +27 11 3945363 Fax: 0866048002 Cell: +27 73 3690884 kemptonpark@pacfin.co.za Boksburg / Germiston Contact: Armand Posthumus Tel: +27 11 8921911 Fax: 0865620378 Nelspruit Contact: Ann Baker Tel: +27 13 7415559 Fax: 0880 1374 15559 Cell: +27 82 9024236 jeleroux@telkomsa.net Springs Contact: Wynand Mclachlan Tel: +27 11 8113728 Fax: +27 11 8113728 Cell: +27 83 2754014/5 wynmc@telkomsa.net 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
DIRECTORY LEGAL
RM Brown and Associates 601 Pier House, 13 -17 Heerengracht, Cape Town Tel: 021 431 9127, f: 021 425 0875 Email: oliver@rmbrown.co.za
Karen van Staden Tel: 012 998 9117 / 012 993 2132 Scheepers Attorneys Fax: 086 721 6467 / 086 662 1153 Gerhard Scheepers IsEmail: it timekaren@hauptearle.co.za to expand your Debt Counselling schlaw@iburst.co.za practice? office@hauptearle.co.za www.hauptearle.co.za Do you need specialist Attorneys with a national footprint?
Fax: 011 880 1101
Are you informed about recent statutory and Email: info@lucidsa.com legal developments within the industry? www.lucidliving.co.za/attorney
Attorneys servicing individual needs www.hauptearle.co.za
Steyn Coetzee Attorneys / Prokureurs Adri de Bruyn 11 Market Street / Markstraat 11, Paarl, 7646 Tel: 021 872 1968 Fax: 021 872 2678 adri@steyncoetzee.Co.Za
Nelspruit: +27 (0)13 752 7084
O’Connell & Associates Attorneys at Law Keegan O’Connell k.oconnell@oalaw.co.za Tel 021 462 1663 Fax 0866 504 550 303 Millborough, 70A Upper Mill Street, Vreedehoek, Cape Town, 8000 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
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
LUCID Attorneys
Do you need expert advice on how to protect Tel: 011 880 1100 your practice and your clients?
Pretoria: +27(0)12 998 9117
Experian www.experian.co.za Business- 0861 63 60 70 Consumer- 0861 10 5665
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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
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