Debtfree Digi June 2013

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South Africa’s debt counselling magazine

YEARS

June 2013 www.debtfreedigi.co.za

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DEBT COUNSELLING EXPLAINED Debt Counselling is a legal process where consumers who are experiencing financial pressure can talk to an industry expert for assistance. The Debt Counsellor does not provide them with yet another loan which will make further problems for a consumer but rather helps them consider their monthly household costs. Together they see how they can reduce the consumers monthly costs and thus free up as much money for debt repayments as is realistic. The Debt Counsellor then makes repayment suggestions to all the consumer’s creditors. The Debt Counsellor will compile the creditors responses and turn the proposal into a draft court order. The matter is then sent to a magistrates court. The creditors, Debt Counsellor and the consumer appear in court and the Magistrate turns the proposal into a Court Order. Each month the consumer makes payments to the creditors via a Payment Distribution Agent who track the consumers progress. The Payment Distribution Agent will

send the consumer a statement which they can compare to their statements from their creditors. Once a year the Debt Counsellor and consumer meet to see if more or less money is available to settle the debt. If the consumer misses any payments at all the process comes to an end and the consumers original contracts with the creditor come back into force. This means that these creditors will once again start to call and pester the consumer. They will probably send the consumer summonses and take other legal action. It is thus very important that consumers under debt review never ever miss a payment. Many debt reviews last a few years and then once the debts are paid up the Debt Counsellor will be able to confirm the debts are paid and issue a Clearance Certificate.

This will allow the consumer to access credit again. This is beneficial both for the consumer, who may want credit and to credit providers who are reliant on consumers borrowing money.

Administrators of the Debt Counselling Application Process

www.adcap.co.za

CONTENTS CLICK TO READ

07 Editors notes

Our Editor Zak King Speak his mind about Burger King

09 News

All the latests events making headlines

12 Another year of

Debt Review

ANOTHER YEAR OF DEBT REVIEW

18 Proposed Credit Amnesty

19 Credit Amnesty confusion

22 DC Announcement board

PROPOSED CREDIT AMNESTY The proposed Credit Amnesty which has many Debt Counsellors concerned that they won’t be able to access accurate information about consumers debt could come into effect this year still. Some say as early as October 2013. The debate on the proposed amnesty has been raging for nine months now and the matter still has to be put to Cabinet by the Minister of Trade and Industry if it is to go ahead.

most popular option) None of these options suggest writing off the debts. Consumers will still have to pay there debts but it could mean that the history of bad payments and judgement could be removed and allow consumers to borrow more money.

EA OR

KT

THREE OPTIONS FOR THE CREDIT AMNESTY ARE BEING EXPLORED

CLIC

1) Remove some info on smaller debts and remove history of judgement once they are paid off.

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INDUSTRY CONCERNS Creditors need to loan money so that they can engage in money creation exercises as recently explained in Debtfree and as brought to the public’s attentions by the DCU, BDCF and NewERA. At the same time they are also worried they might be exposed to more risk sine they will have less information available to judge how reliable a payer the consumer is.

The amnesty could be a mixed bag of benefits and risks to creditors.

2) Remove all adverse information once consumers have paid the debts, as well as Debt Counsellors are concerned that this will all paid-up judgments. (The ANC’s preferred limit their ability to really see all a consumers debt. It is not uncommon for those who apply option) for debt review to forget, not know or even 3) Remove all adverse info about bad debts hide some debts from the person who is trying and judgement no matter the value (Not the to help them.

23 DCASA Western Cape

Workshop 26 Service Directory

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

www.one.za.com One is an authorised financial services provider – FSP 8783

EDITOR’S NOTE This months sees Debt Review turn 6 years old.

If that was a kid it would be at school already doing multiplication, working on computers, knowing how to find and download all the games they want on your Smartphone or iPad. It has been a hectic year for the industry and those under debt review. There have been some BIG developments and we take a moment this issue to briefly consider some of them. Take for instance the proposed changes to the National Credit Act. The DTI have been holding public meetings ( one in each province) in regard to the proposed amendments, as well as, a series of high level interactions with industry role players to try ensure that the changes made are for the best and that they don’t miss anything. Amendments to Acts don’t roll around everyday and everyone is hoping that the proposed draft amendments might be in effect from as early as next year February. Will the changes solve all our issues? Probably not but hopefully it can speed up the process, allow for some clarity and make life easier for those trying to pay off their debts responsibly.

With the worldwide economy being in such shambles it is hoped that the debt review process locally might help rehabilitate millions of South Africans and help build a sustainable future credit market. However some people are asking where does the money come from in the first place? The recent coverage of the

securitisation and money creation issues (which NewERA have been pointing out for a long time now) in mainstream media, such as SABC 3’s Special Assignment in June has really had some impact and now it seems the public and politicians eyes have finally turned to these issues. This can only mean more clarity on this subject. Don’t expect to get your house for free or anything but we could see better disclosure and some people being compensated for loses.

Check our News section for more on that.

With the Rand taking a big dive against other currencies recently we can only once again look forward to higher than expected increased costs. Winter is always a tough time for consumers under pressure as transport and heating costs go up. It means that we are all having to get even more savvy about our running costs. You are tracking those and doing a monthly budget, right? Hey! Don’t be lazy! You have to work hard if you want to be debt free.

INDUSTRY

CONSUMER

NEWS FLASH For daily debt counselling news in 3 minutes or less visit www.debtfreedigi.co.za

NCR CRACKS DOWN ON CREDIT PROVIDERS

Bank to the National Credit Tribunal in regard to contraventions of the NCA and have asked for sizable fines.

The NCR takes complaints in regard to the credit industry and can assist consumers with problems they are having. Recently they have encouraged all role players to use them exclusively as a point of contact for complaints rather than other industry bodies such as the NDMA or DCASA etc. They can be visited at: http://www.ncr.org.za/index.php

In recent months the National Credit Regulator has been engaging in a campaign to crack down on illegal actions by smaller credit providers. As such they have visited various provinces and have in conjunction with law enforcement raided several credit providers offices to see if illegal activity was taking place.

A NCR raid in June of naughty credit providers called: Operation Siyanda, has led to the arrest of 13 credit providers, and the recovery of around 130 ID books. The operation took place in Upington, Keimos, Kakamas and Groblershoop and involved the investigation Want to read the draft NCA Amendments as proposed by the DTI? You can do so here: http:// of 32 different credit providers.

Nomsa Motshegare, CEO of the NCR said in debtfreedigi.co.za/draft-nca-amendment-bill/ regard to the operation that the exploitation of vulnerable and unsuspecting consumers (such as the elderly or those with limited education) DCASA WESTERN CAPE by credit providers will not be tolerated.

COMMITTEE NAMES

Also recovered in the NCR raid were around 5500 pension cards which the 13 credit providers, who were arrested, had taken away from the elderly.

A further 1700+ bank cards were recovered. The Credit Providers had taken these as collateral and where using them to draw payments at the end of each month.

The NCR warn that they will not condone any contraventions by credit providers. Recently the NCR have also referred Capitec and African

At the recent DCASA Western Cape regional meeting, the local members elected a new regional committee.

The new committee members are: Annora Mostert - Regional Chairperson, Jackie Howes Vice Chairperson, Lee-Ann Samson - Secretary, Margo Francis - Vice Secretary, Eugene Cilliers and Marius Coetzee - Public Relations Officers mainly responsible for external communication, Jackie Coetzee and Renee

ACCOUNTING

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TAX

telephone +27 (0)21 462 7533 email info@wcca.co.za www.wcca.co.za

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CONSULTING

NEWS CONT. Tait - Internal communication with members operations officer. In particular taking funds and potential members. We wish them all the from clients directly, was in contravention of her conditions of registration. She also had best with their duties. bad record keeping and did not refer matters DCASA (The Debt Counsellors Association of to court. This leaves consumers exposed.

South Africa) is the oldest Debt Counsellors association in South Africa. To find out more Charmaine Moonasamy (Practised in Lenasia South in Johannesburg but moved to visit www.dcasa.co.za Chatsworth, Durban) Lied to the NCR when applying to be a Debt Counsellor. In particular it seems she was under an administration order herself when applying to become a Debt LAZY OR LYING DEBT COUNSELLORS DEREGISTERED Counsellor. This disqualifies her. Since she lied The National Credit Tribunal (NCT) has at the and did not qualify, her registration was invalid. request of the National Credit Regulator (NCR) Also she took money directly from clients. deregistered two former Debt Counsellors Liezl It could even be the case that one or both former Debt Counsellors have to pay some de Klerk and Charmaine Moonasamy. funds back to the effected consumers. This will Who they are and what they did or didn’t do be decided in the near future.

So what gets a Debt Counsellor deregistered? Clients of these two former Debt Counsellors Well it is normally what they are not doing. If will now be handed over to another counsellor the NCR gets a lot of complaints about a Debt or counsellors. The NCR is traditionally very Counsellor they will send staff to visit their secretive about who will take over these cases. office and investigate the complaint in person.

Warning Signs! If your Debt Counsellor has not sent your debt review matter to court yet or is Liezl de Klerk (Practiced in the Pretoria area) The Debt Counsellor failed to comply with taking money directly from you there may be a the provisions of the NCA, its regulations, as problem. Talk to the NCR about such matters. well as her conditions of registration as a Debt www.ncr.org.za Counsellor, said Obed Tongoane, NCR chief

All professionals have professional indemnity if the unforeseen happens. Do you as a professional Debt Counselor have professional indemnity as stipulated by the ethical code?

contact us today for more information

0861 112 882

TELEPHONE 0861 112 882 FACSIMILE 086 605 9751 MOBILE 082 449 6856 EMAIL andre@in2insurance.co.za

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FEATURE ARTICLE

ANOTHER YEAR OF DEBT REVIEW

Debt Review and the NCA have turned another year older this month. Time flies when you are buried under a pile of papers! The last 12 months have been very busy with lots of important developments and some pretty major changes. Debtfree takes a moment to look back at the last few months to see what has been happening.

back tracked and said they will do so until something better comes along and more research is done. One suggestion that has been made is that a Magistrate consider any application for a garnishee (such is already done in the CT Magistrates Court where nearly no garnishees are ordered these days).

Section 103(5) of the National Credit Act which basically says that if a consumer defaults THE HOT TOPICS FOR THE PAST (misses a payment or short pays) then the 12 MONTHS HAVE BEEN: creditor can only ever collect twice what the The Voluntary Debt Mediation Solution consumer owes as of that day. There has been (VDMS) which was a type of debt counselling some debate over what being in default really means. This is a big issue since some credit without using the National Credit Act. providers often recover much more then twice The disputed Codes of Conduct for Debt that amount. Large creditors have also tried Review which the majority of Debt Counsellors to insist that credit life insurance costs are not included in working out the amount the were unhappy with. consumer has paid towards that double up (in Twin Peaks which is the government’s plan to duplum) figure. The DTI have recently looked split regulation of the credit industry (at the into the exhorbitantly high cost of this type of moment between the Reserve Bank and the insurance.

Financial Services Board) which will put the Last but not least, was the topic of National Credit regulator in a weird position.

Securitisation (and money creation). Large Garnishee orders also came under scrutiny creditors (mainly banks) sell consumer’s debts after this issue was highlighted at Marikana to other entities but still collect funds for the where many workers had so many garnishee same debts and even sue for them. The debate orders they took home next to no money at is whether this is legal or if they must tell you the end of each month. Investigations into if/when they sell your debt... and if the other the Kempton Park Magistrate Court and the company must now sue you if you don’t pay. granting of garnishee orders for consumers who live elsewhere in the country or where signatures may have been forged, are being CONTINUED! SEE WHAT THE conducted. This issue has been brought before Parliament who now want creditors to do away INDUSTRY PLAYERS HAVE BEEN with this system. The Banking Association of UP TO IN THE LAST 12 MONTHS South Africa came out and agreed to do so.

However shortly afterwards individual banks

LETS LOOK AT THE INDUSTRY PLAYERS AND SEE WHAT THEY HAVE BEEN UP TO IN THE LAST 12 MONTHS

been busy compiling proposals for a change to the NCA. This has, of course, been going on for several years now. However a recent move by one Member of Parliament sparked the public’s interest and seems to have forced the issue.

The DTI have now taken a lot of the research they have done over the past few years and published a draft amendment Bill. They have asked the public and industry to make comments on their draft Bill. It is expected that PDA The Payment Distribution Agents several other key areas of the NCA will now also have been going strong. They gained more receive proposed drafting changes. recognition in that the NCR have been making it mandatory for a Debt Counsellor to use a NDMA The National Debt Mediation PDA. Once again the debate over whether this Association (which is a creditor body and means a consumer has to/can be forced to use offers debt counselling like services) has been one continues. The issue of some PDAs making very busy recently. They were the driving force late payments, and thus causing consumers behind the VDMS pilot project which was shot to receive late payment charges from certain down. The project hoped to find a way to do creditors, has also been discussed alot. Some debt counselling without having to go to court parties are trying to figure out if the PDAs can or without having to check for some aspects be held legally responsible and if they must of the NCA like Section 103(5). The project was cover these costs. Many of the programs used to make use of the DCRS system which does by the PDAs have received upgrades and new not have these rules built in. It was hoped by features to make DC’s lives even easier. some supporters that this would speed up the

process of getting agreements in place. Others were very concerned that it offered no legal NCR The National Credit Regulator really came standing to consumers and avoided some key out swinging during the last 12 months. After issues (like sect 103(5)). When the plug was receiving a lot of complaints from the industry pulled by the Regulator, some unfortunate they eventually put a stop to the VDMS project, things occurred. The public questioning of changed their minds in regard to the Codes of NCR’s decision regarding VDMS in the press Conduct mentioning certain parties and took invariably lead to some bad blood. The NDMA’s back responsibilities that the codes had shifted refusal to cooperate with the NCR may have to the Credit Ombud. They have also finally been a factor in the removal of mention of the revealed that although previously denied, they body from the industry codes of conduct for were in fact investigating several of the larger debt review. banks such as Capitec and African Bank.

DTI The Department of Trade & Industry have

Please note that the withdrawal of recognition by the NCR (in terms of the code of conduct

for debt counselling) of parties like DCASA, the NDMA and Credit Ombud just means they will not (as organisations) be specifically mentioned, the NCR still believe that they exist.

TheDCI The Debt Counselling Industry, a web portal for information and services relating to debt counselling have been very active in the last 12 months. As a meeting point of DCs from various associations (as well as those not associated to any group) they have been able to poll opinions on various industry concerns.

Deborah Solomon (founder of theDCI) was very busy in regard to encouraging the NCR to take a explicit stance and make a call on issues such as VDMS and the Industry Codes.

DC ASSOCIATIONS DCSA The Debt Counsellors Association of South Africa (the biggest and oldest association) has been through some interesting times recently. Membership of the association seem to have weathered the storm of backlash after the NCR decision regarding both VDMS and the Industry Codes of conduct. DCASA have also, due to changes in the Codes now closed down their complaints department and are now referring matters to the NCR. DCASA hosted several meetings countrywide throughout the year and are now looking forward to their annual Gauteng conference as well as another large conference in Cape Town. DCASA have also decided to take on another permanent staff member.

AllProDC Membership has slowly been growing and AllProDC hosted a very successful conference/workshop in Cape Town this year.

They look forward to similar workshops in other areas of the country such as one coming shortly in Guateng. The association were very outspoken in their opposition to the VDMS project.

DCU The Debt Counsellors Union is a new DC Association which has grown out of NewERA. They have similar objectives in wanting to gain clarity on the issue of securitisation. They ask: How can a DC arrange payments and negotiations with a creditor if they are unsure if, for example, a bank owns the debt or if they have sold it off to a special purpose vehicle?

This is important especially when consumers get summonses. Who has the right to sue the consumer?

BDCF The Black Debt Counsellors Forum made a big splash this year in the industry. Though called the ‘Black’ Debt Counsellors Forum, they are open to members of all races, but are focused on Black Economic Development within the Debt Counselling Industry where statistically few practicing DCs are “of colour”.

They are also tackling the big issues such as the NCR’s role in the proposed Twin Peaks regulatory process.

If you would like to know more about these associations and what they are doing, then head over to our Debt Counsellors Association Announcement Board where they post information monthly.

CONTINUED! SEE WHAT THE COURTS, NCT AND BANKS HAVE BEEN UP TO!

from the NCR who referred them to the NCT for very large fines. Regardless of the outcome of THE COURTS It seems that newer debt review matters are those hearings this lead to serious drops in their moving more swiftly through Magistrates stock prices. Also recent projections in regard courts country wide. Even courts where in the to projected poor payment of unsecured past matters were simply delayed indefinately, credit by consumers has meant further drops have started to grant orders. Each court is still in ratings and share prices for the Big Banks. different in what it wants but most attorneys and DCs now know what to expect and how to The securitisation and money creation process submit documents to each court. This means have recently been highlighted in mainstream that consumers are getting speedier relief. The media and the public are calling for answers. rulings in regard to Section 129 matters being The recent removal of recognition (in terms of excluded from debt review and Section 86(10) the industry codes of conduct) of the NDMA terminations having to be made in good faith has also been something of a disappointment have given the industry benchmarks to work for creditors. off. It seems that Magistrates and Judges are using these precedents to make decisions Most of the larger banks have still been faster. Changes in the NCA could invalidate engaged in trying to cancel their participation these precedents but for the moment at least in debt reviews of consumers. The vehicle and home loan product houses have stuck to there is some clarity. their aggressive stance in trying to get these assets out of debt review and sold on auction THE NCT Some DCs have been able to refer certain types so that the banks can do interesting things of debt review applications to the National in regard to insurance and book keeping on Credit Tribunal for an order restructuring these accounts. Even where Court orders have consumers debts. Where the DCs have made been granted, some larger creditors have been use of Credit Providers programs like DCRS, trying to get these over turned. This speaks to they have been in many cases able to get ongoing confusion within these organisations consent to their proposals and these have on how to support debt review (which is their moved swiftly and at little cost to consumers cheapest collection method) and at the same time how to reach targets for collections through the NCT. and the legal departments. There have been some serious backlogs in regard to providing CREDIT PROVIDERS Throughout the last 12 months, the NCR have documentation to DCs and consumers under been swooping down on unscrupulous credit debt review. A recent trend has also been the providers who are taking consumers bank card, addition of late fees to consumers accounts. pension card, ID books and performing other Credit providers have also been insistant on illegal acts. This has lead to several arrests in squeezing every last penny out of consumers different areas. Capitec and African Bank have under debt review and refusing to write even not been exempt and have had a tough time a small portion of the debts off, if there is a

conflict between the PDAs projected balances (as per the court order) and theirs. This is a very common occurrance.

One Credit Provider recently begged the DTI not to get swept up in the recent wave of consumer favouring. With the world wide recession and more and more consumers being unable to afford additional credit, this is placing increased strain on these organisations.

THAT’S THE LAST 12 MONTHS IN A NUTSHELL!

NEXT

PROPOSED CREDIT AMNESTY

NEXT

AMNESTY CONFUSION

PROPOSED CREDIT AMNESTY The proposed Credit Amnesty, which has many Debt Counsellors concerned that they won’t be able to access accurate information about consumers debt, could still come into effect this year. Some say as early as October 2013.

The debate on the proposed amnesty has been raging for nine months now and the matter still has to be put to Cabinet by the Minister of Trade and Industry if it is to go ahead.

None of these options suggest writing off the debts. Consumers will still have to pay their debts but it could mean that the history of bad payments and judgement could be removed and allow consumers to borrow more money.

INDUSTRY CONCERNS Creditors need to loan money so that they can engage in money creation exercises as recently explained in Debtfree and as brought THREE OPTIONS FOR THE CREDIT AMNESTY to the public’s attentions by the DCU, BDCF and NewERA. At the same time they are also ARE BEING EXPLORED worried they might be exposed to more risk 1) Remove some info on smaller debts and since they will have less information available remove history of judgement once they are to judge how reliable a payer the consumer is.

The amnesty could be a mixed bag of benefits paid off. and risks to creditors.

2) Remove all adverse information once consumers have paid the debts, as well as Debt Counsellors are concerned that this will all paid-up judgments. (The ruling party’s limit their ability to really see all a consumers debt. It is not uncommon for those who apply preferred option) for debt review to forget, not know or even 3) Remove all adverse info about bad debts hide some debts from the person who is trying and judgements no matter the value (not the to help them. most popular option).

CREDIT AMNESTY CONFUSION To their understanding this credit amnesty means their debts will be written off or ‘cancelled’.

Knowing the proposed amnesty very well and had been following every step of it since October last year I tried to speak facts to these employees about the amnesty and managed to explain it to quite a few who need help. This means a new task for not only Debt Counsellors and creditors but all role-players (especially the media) to explain with clarifying to the general The proposed credit bureau amnesty has public (especially to over-indebted consumers confused many consumers. The truth is they who need to apply in terms of Section 86(1) don’t understand what will happen and of the National Credit Act) that this amnesty is how it will effect them. Note what one Debt about removal of names and certain account Counsellor (and Debtfree Reader) told us about info from credit bureau records and not a cancellation of debts.” what he has seen: “I went to this company yesterday to tell employees how debt review can help them This story is unfortunately not unique. get out of debts. They couldn’t wait to apply and were fighting to get forms before one It seems that no matter how many times people another. I had only 8 application forms with are told they will still have to pay their debts me and promise to bring more the following the word ‘amnesty‘ creates the thought that day. To my disappointment when I returned they won’t. This will no doubt result in a series the enthusiasm they had yesterday seemed of delinquencies and defaults in payments to have faded away. They told me they see should the amnesty go ahead. It seems that “no point” applying for debt review because there will have to be a huge amount of money they heard on tv news (on SABC1) that the spent to ensure that consumers are made government is going to “grant them amnesty” aware of the realities. and they will no longer be “obliged to pay their debts”.

DC Partner has representatives country wide who visit our Debt Counsellor clients every month. If you are in the Western Cape or KZN areas here is your local contact person: Joe van Zyl joe.debtwise@gmail.com 0787149260 0448734530 Call me 24/7 for assistance.

We are here to make your business successful.

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DEBT COUNSELLORS ASSOCIATIONS ANNOUNCEMENT BOARD Regional Meetings: 17th July 2013 Gauteng Meeting - venue to be confirmed 26th July 2013 Western Cape Meeting - Parow Golf Club Remember to book your seats for the annual DCASA conference to be held on.21 Aug 2013

DCU

SABC’s Special Assignement recenntly exposed securitisation. You can watch the program HERE A Young Couple from Cape Town have brought a miracle jugdment to light in which High Court Moosa dismissed an FNB matter where the account had been securitised.

You can read the judgment HERE or HERE

http://www.dcasa.co.za/forum/index.php www.dcasa.co.za

You are invited to the BDCF membership meeting Date: 25th June 2013 Time: 09h30 for 10h00 Venue: Council Chamber, 4th Floor, Alberton Civic Centre, Alwyn Taljaard Street, Alberton RSVP: Thulile Mthembu info@bdcf.co.za 011-054-0700 www.bdcf.co.za

www.newera.org.za

AllProDC will be meeting on 20th June in CT to compile a response to the DTI draft ammendments AllProDC will be holding a Workshop for Debt Counsellors in the Guateng region in July. The Workshop is themed: How to start and maintain a sucessful DC business Contact secretary@allprodc.og for more info. www.allprodc.org

DCSA WESTERN CAPE WORKSHOP sought, after nominations and selections, a committee of 8 members were chosen to much applause.

Individual tasks of committee members will be allocated at a later stage by the committee members themselves.

With this ‘necessary’ business attended to, the meeting moved into a look at the recent decision by the National Credit Regulator to remove mention of DCASA from the codes. Members were reassured that the During May, the Debt Counsellors Association NCR had, in a recent meeting with DCASA, of South Africa met in the Western Cape for reiterated that they were not removing their their regional meeting. The meeting, which acknowledgement of DCASA as an association. was attended by around 30 Debt Counsellors The NCR indicated their willingness to continue also coincided with a new round of elections working with DCASA. for the DCASA regional committee.

A discussion in regard to the cancellation of The meeting began just before 10 at the Parow the DCASA complaints process followed, and Golf Club and they got down to business it was highlighted that this will prove to be straight away. After a brief word from NEC a large saving on time and resources for the member and outgoing Regional Chairwoman association. Complaints for both members and Annora Mostert, voting was swiftly concluded. non members had been dealt with by DCASA Although a committee of 7 was originally during the past few months. All complaints can

now be referred to the Regulator.

Also discussed at the meeting was: • The NCR want to (after 4 years) turn the task team’s suggestions into NCR “guidelines”.

Obviously every case is unique, but guidelines might be helpful.

• The NCR will soon issue a nonbinding opinion on Sect 103(5), this might help courts deal with the complicated maths of multiplying the default amount by 2.

• The NCR have told DCASA that a draft bill on NCA changes is with parliament and will be made public soon for comment.

• The NCR want to issue affordability guidelines for creditors to use (a continued discussion on this matter will take place on the forum online).

DCs have once again been asked for their input.

Perhaps the most anticipated item of the day’s Next Joe van Zyl of DC Partner Payment schedule was the appearance of Western Distribution Agency (who helped sponsor Cape Chief Magistrate Lehmann who made the event) discussed their services. Included a presentation and took questions from the in which is a personal visit to users of their floor. She acknowledged that things were services every month to discuss any issues or chaos in the past, but was happy to say that things are much more streamlined now. She review new program features. mentioned that with unsecured credit growing • NCT documentation has also been added to so much in recent months, this is bound to cause problems and Debt Counsellors should the Debt Wise program. expect to see more people applying for debt • It was also highlighted that the DebtWise review in the near future. She then went on to system can email credit providers directly (eg urge Debt Counsellors to investigate reckless 17.1) and the Debt Counsellor will get a return lending matters even though they are difficult, long winded and will face heavy opposition at read receipt to their normal mail. court.

Next, there was a discussion regarding garnishee order abuse. Of interest were jurisdiction issues when getting garnishee (EOAs) In the past these were just signed off by the clerks of court. However in view of all the recent exposure of illegally obtained garnishees it seems that there may have been some collusion between unscrupulous creditors, their agents and the clerks of the court in some areas.

Magistrate Lehmann decided to take a stand a while back and started to look over all applications for a garnishee order. She asked for the obligatory assessments and found few were forthcoming and thus they were not granted. As a result less and less were submitted to her particular court. Magistrate Lehmann has even gone so far as to suggest changes to MCA to make all such matters referred to magistrates. From what we hear it looks like it could happen.

She highlighted the importance of McLaren v Bardenhorst – re jurisdiction and urged Debt Counsellors to become familiar with the case.

In Cape Town court (and some other courts too) Section 65 will be used by magistrates to set aside bad garnishee orders (as long as the consumer works in the area).

Debt Counsellors where surprised and horrified to hear that a rescission of judgment is not provided for by MCA. Often creditors call for such but she says this is simply not possible (however some courts are doing so).

After lunch and a good chat members sat down to a presentation regarding social grants by the SASSA. Mr Andre Brink of SASSA made the audio visual presentation.

Many attendees stated that they had little knowledge of the various types of grants available and the qualifications or requirements. Information packs regarding these were handed to the audience who were greatly benefited by Mr. Brink’s presentation.

This brought the day to a close. The new committee briefly met before heading home.

All in attendance were rather happy that they had attended and left better equipped for their debt counselling duties.

SERVICE DIRE 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 Resolve Karen Coetzee NCRDC 891 Zulfa February - Branch Manager Tel: 021 572 1315 Fax: 0866519011 Email: Zulfaf@lantic.net 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

Debt Management & Counseling Services “The greatest glory in living lies not in never falling, but in rising every time we fall.”

- Nelson Mandela Derry Burge NCRDC108 140 Irene Avenue, La Concorde, Somerset West, 7130 Tel: 021 855 5997 Cell: 074 177 5375 Fax: 021 855 1195 or 0865413200 E-mail: dburge@telkomsa.net

ECTORY 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

Fair Finance Solutions Your debt is our priority Amanda Fair Registered Debt Counsellor NCR946 553 Jacqueline Drive Garsfontein Pretoria Tel: 0861 26 26 32 Fax: 082 921 7093 Cell: 086 564 3674 amanda@fairdebtcounselling.co.za www.fairdebtcounselling.co.za 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 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 MG Consulting Strand - Helderberg Area Telkom : 021 853 4537 Mobile Phone: 082 450 7459 Fax Number: 0866 220 690 E-Mail: info@mgconsulting www.mgconsulting.co.za

The best angle to approach debt is the Triangle Caledon - Western Cape Contact Person: Yolande 8 Hoop Street, 7230 Caledon caledon@triangletrust.co.za Tel: 028 212 2537 Ceres - Western Cape Leyll str 61, 683 Ceres andre@triangletrust.co.za Tel: 023 312 1292 Fax: 023 312 2119 Worcester - Western Cape 71 Porter Street 6850 Longitude: 19.44305 Latitude: -33.64942 worcester@triangletrust.co.za Tel: 0233420576 Fax: 086656801 Bloemfontein - Free State 94 Zastron, 9301 Bloemfontein Contact Person: Yolande bloemfontein@triangletrust.co.za Tel: +27 51 448 2828 Fax: +27 51 447 9481 Viljoenskroon - Free State 35 Denyssen Street, 7230 Contact Person: Johann Olivier viljoenskroon@triangletrust.co.za Phone: +27 56 343 0352 Fax: +27 56 343 035 Welkom – Free State 329 Stateway, 9460 Welkom Contact Person: Susan Roux Email: welkom@triangletrust.co.za Tel: +27 57 352 6117 Fax: +27 57-352 2355

SERVICE DIRE EASTERN CAPE: DRS ALBANY Office: 041 373 9693 Email: dcfull@drssa.co.za BORDER REGION: DRS BEACON BAY Johan Pretorius Cell: 082 324 4038 Office: 043 748 1139 DRS BUFFALO CITY Herman Marias Cell: 082 378 3743 Office: 043 7210652 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

DRS PORT ELIZABETH Derryn Fish Cell: 084 515 6135 Office: 041 453 8961 Email: derryn@drssa.co.za

DRS ALGOA Marius Weyers Cell: 083 497 3219 Email: marius@drssa.co.za

DRS SIDWELL EXPRESS Keith Le Roux Cell: 073 207 1675 Office: 041 451 0474 Email: Keith@drssa.co.za

DRS BOND CHOICE Andrea Atkinson Office: 041 393 7000 Email: andrea.atkinson@drssa.co.za

DRS SOMMERSET EAST Luther De Bruyn Cell: 082 568 2970 Office: 042 243 1107 Email: luther@drssa.co.za

DRS CENTRAL EXPRESS Derryn Fish Office: 041 373 9693586 2020 Email: derrynfish@drssa.co.za 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 UTENHAGE Lynn Lindoor Cell: 083 7174 183 Email: Lynnl@drssa.co.za FREESTATE: DRS GOLDFIELDS (Welkom) Irvin Billy (Derryn Fish) Cell: 072 114 4427 Office: 081 319 0083 Email: Billy@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

ECTORY DRS SOUTH FREESTATE Nelmarie De lange Cell: 079 236 3615 Office: 053 591 0734 Email: nelmarie@drssa.co.za GARDEN ROUTE:

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 DE AAR Veronique Louw (Derryn Fish) Cell: 076 382 2020 Office: 053 631 1189 Email: deaar1@drssa.co.za

DRS RUSTENBURG Amanda Johnson Office: 041 373 9693 Email: dcfull@drssa.co.za

DRS GEORGE Francois Van Zyl Cell: 079 522 1930 Office: 044 874 2820 Email: francoisv@drssa.co.za

KWA ZULU NATAL:

DRS EDEN (Hartenbos) Bruno Mertsch Tel: 042 291 1083/4 Email: brunom@drssa.co.za GAUTENG: DRS CENTURION EXPRESS Amanda Johnon Office: 041 373 9693 Email: dcfull@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 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 MORNINGSIDE DURBAN Erica Mtshali (Amanda Johnson) Cell: 076 578 8660 Office: 031 301 5990 email ericah@drssa.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 WEST COAST Marius Coetzee Cell: 082 978 4407 Office: 022 713 3766 Email mariusc@drssa.co.za DRS SALDANHA Marius Coetzee Office: 022 713 3766 Email: mariusc@drssa.co.za DRS SOLUTIONS Christelle de Villiers Cell: 084 586 5600 Email: cdv@vodamail.co.za

SERVICE DIRE Mzansi Debt Counselling Octavia Hlatshwayo Tel: 011 868 1185 Fax: 0861 00 22 70 octavia@mzansidc.co.za www.mzansidc.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

Penny Wise Debt Counselling Cathy Foster Debt Counsellor - NCRDC1977 Tel: (011) 794 9912 Fax: 086 719 3378 Mobile: 083 298 4467 Email: cathy@pennywise.co.za www.pennywise.co.za

PM Consultants Honesty is always the best policy Paul Smook NCRDC2244 Tel: 031-9164662 pmconsultants@telkomsa.net

SFA Debt Relief Consultants Adri de Bruyn NCRDC998 11 Market Street / Markstraat 11, Paarl, 7646 Tel: 021 872 1968 Fax: 021 872 2678 adri@sfadebtrelief.co.za Think Green Debt Counselling Sandi Pauw sandipauw@mweb.co.za Tel : 012 991 6638 Cell : 082 460 7800 Fax : 086 219 2615 U-Win Debt Counsellors Coreli Roos - NCR DC 509 Aliwal North, Burgersdorp, Bethulie, GariepDam, Smithfield, Springfontein Cell:079 626 66241 croos@global.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 SUPPORT SERVICES

Information resources & services www.thedci.co.za

Staff Line Ndizani Executive Recruitment Cell no: 083 3028163 Direct Line: (011) 468 - 2150 E- Mail: saki@staffline.co.za Designtimes South Africa’s creative resource www.designtimes.co.za TRAINING Compuscan Academy 0861 51 41 31 www.compuscanacademy.co.za Dawn Jackson Training You & Your Money NCR accredited 10 day debt counsellor training courses ëTraining and mentoring DCs since 2007 Do you want to be a registered debt counsellor in this Industry or, do you need to educate/ upskill or empower staff with a DC registration number in your existing debt counselling business?

Courses devised to suit all needs, with flexible timeframes to accommodate work demands.

Inhouse / on site training for company staff.

Contact Dawn Jackson Cell: 072 1769789 dawnjackson.training@telkomsa.net FINANCIAL ABSA Customer Debt Repair Line 0861 005 901

ECTORY 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

LEGAL

Gooseberry Business Advisory Tel: 012 644 0589 Nedbank Debt Rehabilitation & Recoveries Services 0860 109 279 STD Bank Debt review Helpline Telephone: 0861 111 402

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LUCID Attorneys Do you need expert advice on how to protect Tel: 011 880and 1100 your practice your clients?

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 Pretoria: +27(0)12 998 9117

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

Karen van Staden Tel: 012 998 9117 / 012 993 2132 Fax: 086 721 6467 / 086 662 1153 IsEmail: it timekaren@hauptearle.co.za to expand your Debt Counselling practice? office@hauptearle.co.za Do you need specialist Attorneys with a national www.hauptearle.co.za

www.hauptearle.co.za

Nelspruit: +27 (0)13 752 70

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

DIRECTORY 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 Scheepers Attorneys Gerhard Scheepers schlaw@iburst.co.za

CREDIT BUREAUS Compuscan 0861 514 131 www.compuscan.co.za Computer Profile Bureau 0861 28 7328 www.c-p-b.co.za

Dont miss out on a single issue!

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

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

TransUnion 0861 886 466 www.transunion.co.za XDS 0860 937 000 www.xds.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

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