Debtfree DIGI November 2013

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South Africa’s debt counselling magazine

November 2013 www.debtfreedigi.co.za


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DEBT COUNSELLING EXPLAINED Debtfree DIGI asked Debt Counsellor Alan Manshon of The Money Clinic to help explain the debt review or debt counselling process.

to break one’s dependence on credit. Credit in itself is not necessarily a bad thing – it is when we use credit as a means to survive on a day to day basis that we should be concerned. As a practical example of the benefits of debt review, we have a matter recently finalised which illustrates the benefits of debt review: The consumer is divorced with a decent income. She had accumulated a total of R260,000 in debt which required her to pay R12,260 per month. Her net income is R14,865 per month, leaving her with just R2,605 per month for her living expenses. We were able to reduce her debt repayments to R4,850 over 60 months. In addition, even though she is paying a drastically reduced monthly instalment, her Your DC will expect a high level of commitment total interest will amount to R16,000 instead from you. When you do apply, make sure of R101,000 that she would have to had paid if you participate in the budget process as this she had not applied for debt review. establishes how much you can afford. It is important to find a balance between how much you realistically need to live on and how much you make available to pay your debt obligations. Ask questions. Make sure you are happy with the Debt Counsellor you choose. Remember a debt counsellor is not your agent or advocate but performs a statutory duty that must consider both your interests as well as those of affected credit providers. Debt Review is a solution for 2 distinct types of financial distress. The most severe is the consumer who is in a downward spiral where debt obligations can no longer be met and not knowing where the next meal will come from. The other situation is the more common situation where the consumer is managing month to month but is caught up in the credit trap where they are reliant on credit cards and other revolving loans to make ends meet. In the first instance, debt review can arrest that downward spiral and help the consumer back onto his/her feet. In the second instance, debt review becomes a vehicle for the consumer to break the cycle of credit dependence.

The true benefit of debt review is being able Phone: 021 782 4351 / e-mail: alanm@moneyclinic.co.za / www.moneyclinic.co.za


EDITOR’S NOTE This year has flown by. We now find ourselves poised for the most expensive time of the year: December. We urge all our readers to exercise restraint this year. Remember the decisions you make now will effect your family come January and Feb. Traditionally less people look for help in December. Some would rather spend now and worry in 2014 (typical ‘head in the sand’ behaviour) and others are hoping for a bonus (in this economy) to see them through. Sadly February is traditionally the busiest month of the year for DCs as all the December spending comes home to roost. So plan ahead, spend less, spend wisely and don’t forget all the extra costs that January brings. There is a lot on the go in the world of debt review right now. Check out all our news stories if you don’t believe me. There are also some new issues that have arisen due to a court case involving a Debt Counsellor and MFC which you can read about in this issue. Even if you already have a court order restructuring your debt it might be good to read through that to see what mistake the consumer made which made things very tricky. We also look at what

the Debt Counsellors associations have been up to as they hold their big annual meetings and interview a Debt Counsellor who also has his own radio show. Our Living on Less section has some great ideas on how to satisfy your inner shopper and how to cut down on your medical bills. Not only that but we have a fun prize (for a group of readers) for those down south. Be sure to check that out... dude! We wish to thank all those who have helped make our recent print Special Edition a great success and if you have not received it yet it is probably heading your way now. Don’t stick your head in the sand - stay up to date with what’s going on please and don’t get caught up in the December madness. Stay calm and get debt free.


CONTENTS News

Dealing with MFC v Joubert

COMPETITION

LIVING ON LESS Clothes Swop

Debt Counsellor Alan Manshon




Directors: LL Dippenaar (Chairman), SE Nxasana (CEO), VW Bartlett, JJH Bester, JP Burger, L Crouse, PM Goss, NN Gwagwa, PK Harris, WR Jardine, EG Matenge-Sebesho, AT Nzimande, D Premnarayan (Indian), KB Schoeman, RK Store, BJ van der Ross, JH van Greuning, MH Visser. Company Secretary: BW Unser. First National Bank – a division of FirstRand Bank Limited. An Authorised Financial Services and Credit Provider (NCRCP20). Reg. No. 1929/001225/06.

Directors: LL Dippenaar (Chairman), SE Nxasana (CEO), VW Bartlett, JJH Bester, JP Burger, L Crouse, PM Goss, NN Gwagwa, PK Harris, WR Jardine, EG Matenge-Sebesho, AT Nzimande, D Premnarayan (Indian), KB Schoeman, RK Store, BJ van der Ross, JH van Greuning, MH Visser. Company Secretary: BW Unser. First National Bank – a division of FirstRand Bank Limited. An Authorised Financial Services and Credit Provider (NCRCP20). Reg. No. 1929/001225/06.


INDUSTRY

CONSUMER

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

NCR Swoop on Creditors granting Reckless Credit The National Credit Regulator and the SAPS have been busy again raiding the premises of various credit providers this month looking for instances of reckless credit granting. The Raids are the latest in the NCR’s ongoing “Blitskrieg” to root out bad credit providers who are taking advantage of consumers and acting illegally. So far the project has seen 76 people arrested and of them 64 criminal cases opened. The operation has also seen the NCR find over 4500 bank cards and more than 6500 pension cards which were illegally being kept by unscrupulous credit providers. The November raids took place in Mpumalanga (in Nelspruit, Middleberg, Witbank and Barberton) and resulted in ten arrests. Around 37 different credit providers were investigated. While many came up clean or with only minor things that needed attention ten people were arrested for illegal activities such as taking consumers ID books, Pension cards and bank cards as surety. The raids also focused on the issue of Reckless Credit. This is when consumers are granted (reckless) credit which creditors know they cannot afford to repay while still feeding their families and paying for essential expenses. Reckless credit causes consumers to be pushed beyond the point where they

have enough money for necessities. “The exploitation of vulnerable and unsuspecting consumers by credit providers will not be tolerated,” said NCR CEO Nomsa Motshegare. Those creditors who were arrested were found to illegally be in possession of more than 850 ID books, over 900 bank cards, six consumers passports, two driver’s licences, and 44 cellphones. These creditors were hanging onto these illegally as a form of surety. If a creditor asks you for any of these items you should refuse and report them to the NCR swiftly so they can investigate.

The National Credit Amendment Bill : another chance to comment The DTI recently submitted the National Credit Amendment Bill based on submissions that had been made in regard to their Draft Amendment Bill earlier this year. The Bill proposes changes to the National Credit Act. Now the real deal is up for public comment. If you feel that the suggestions you made were not previously heard or that the changes to a section (like Section 86(10) ) do not meet the needs of the public then you have another chance to have your say. André R Hermans the Committee Secretary for the PC on Trade and Industry has issued a notice to the public and shareholders which says in part:


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NEWS CONT. The National Credit Amendment Bill [B 472013] has been introduced and referred to the Portfolio Committee on Trade and Industry for consideration. Interested individual and groups wishing to comment are requested to forward written submissions to the Committee by no later than Friday, 29 November 2013. Public hearings have been scheduled for 28, 29 and 30 January 2014. Submissions should be forwarded to the following email addresses: ahermans@parliament.gov.za; mherling@ parliament.gov.za; dwoodington@parliament. gov.za

and other spheres of government are being formally notified as well,”. So it’s Snip, Snip, no more government Credit Cards.

Credit Provider Deregistered by NCT

The National Credit Tribunal have cancelled the registration of Rufus Financial Consultants. Last year the National Credit Regulator and police swept through the community of Marikana swooping down on credit providers who were operating illegally. The NCR found that Rufus You can download the National Credit Financial Consultants were doing several illegal Amendment Bill here: things and referred the matter to the National Credit tribunal. Of primary concern was the http://debtfreedigi.co.za/wp-content/uploads/2013/10/National-Credit-Amendment-Bill-2013.pdf granting of credit to consumers who were already over indebted (they could not afford to make the repayments). This practice is called Government Ministers have “reckless credit“. Rufus Financial Consultants to hand in their credit cards were guilty of charging too much interest on Recently it was announced by Finance Minister loans and had even illegally taken consumers Pravin Gordhan that in an effort to cut back on ID books and Bank Cards. The good news for government spending government officials clients of Rufus Financial Consultants is that would be losing their government credit cards. they will now be repaid the interest charges The process of recalling these cards has now they were illegally overcharged. begun. President Zuma made announcements about it this month in the National Assembly. Minister Pravin Gordhan said in his mini NCR want Credit Life budget: ”No new credit cards to be issued, and Insurance premiums capped existing ones to be cancelled immediately,” It seems even the government sees the benefit When a consumer takes credit a creditor will of holding back from using credit cards without offer them a type of insurance called credit life proper planning and budgeting. There have insurance. This insurance will settle the debt also been allegations of abuse of these cards. if the consumer dies. This protects both the This will now seemingly come to an end as consumers estate and the creditor. There is these cards are recalled and cancelled. The however, no limit on the rate that the creditor President announced: ”Ministers have already can charge for such insurance. In most cases the been informed formally of this decision, creditors “in house” insurance is much higher


than that offered by other organisations. Since the inception of the National Credit Act credit providers have had to mention to consumers that they can organise their own insurance on their credit. This is something hardly anyone ever does. The NCR and FSB have been investigating the very high premiums and low claim rates on such policies. The NCR now want to try get creditors to limit their rates to less than R4 per every R1000 they give out on credit. At present there is however no authority for the NCR to do so. This may change in the future however if the NCR are granted additional powers under the Credit Amendment Bill later this year. Did You Know? If you lose your job many Credit Life insurance policies also have a provision to pay your monthly instalments for several months (not always). If this happens to you, ask your bank for more info (in writing) straight away maybe your credit insurance covers payments for a while.

earning high salaries were still borrowing extra funds to make ends meet due to not having any ‘take home’ pay this issue has been closely scrutinised. The NCR feel that this limit might be one solution in reducing abuse. Earlier this year there was talk of doing away with EAOs but this is unrealistic and could possibly so destabilise the banks that this has had to be rethought. The NCR are also championing that EAOs only last for 5 years and afterwards they need to hand the debt over to other collection solutions. The NCR are consulting with creditors in this regard and are hoping to publish guidelines in the near future.

Was the Kempton Park Chief Magistrate gambling during office hours?

In June this year Chief Magistrate Judy van Schalkwyk of the Kempton Park Magistrate’s Court received notice that she was facing temporary suspension. This was ratified this week (Tuesday). The suspension came in the wake of a lot of attention that has been given to the Kempton Park courts regarding 30% Limit on Emolument Garnishee Order fraud. Now claims have been Attachment Orders? made that suspended Chief Magistrate Judy The National Credit Regulator want to limit van Schalkwyk ordered here staff to take her the amount of money that can be taken to gambling establishments during office from a consumers salary in the form of an hours. These claims will now be investigated EAO or Emolument Attachment Order (often along with a large number of other allegations incorrectly called a garnishee order). It seems against suspended Chief Magistrate Judy van that they would like to limit the amount that Schalkwyk. Presumably she will get good legal can be taken from a consumers salary to 30%. representation and not gamble on her future, At the moment there are no laws in SA that though the odds now seem stacked against prevent EAOs adding up to even 100% of a her. consumer’s income. In the wake of the events at Marikana where many Miners who were


FNB Roadshow First National Bank’s Debt Review Centre will be hosting a series of meetings across the country and have invited Debt Counsellors to come and discuss not only how far things have progressed within the industry during 2013 but also what lies ahead for 2014. The meetings will be hosted by Lynne Loizakos. The events will be held in Cape Town (27 Nov) , Durban (28 Nov), JHB (26 Nov) as well as P.E (22 Nov). To RSVP contact Mpho Lekala mlekala@fnb.co.za or Jeanette Botha JBotha1@fnb.co.za.

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INDUSTRY

CONSUMER

Dealing with MFC v Joubert Recently MFC decided to try to try get a consumers debt review court order over turned so that they could sell his 9 year old car on auction. The matter was heard in the North Gauteng High Court in Pretoria. The end result was that the High Court referred the matter back to the Magistrates Court which first heard the matter to consider what to do with the vehicle account once again. Sounds pretty boring right? So…Why should you care?

NCR Task Team & Industry Standards 2) The High Court also made reference to the proposals of the 2010 NCR Debt Review Task Team as “industry standards” in particular in regard to the amount of time debts should be repaid in. Obviously the National Credit Act does not talk about any such limits, so the fact that the High Court judges see these standards as very important means that some courts are beginning to almost see these proposals as “rules” rather than ideals that credit providers Pay Up! 1) In this case the High Court ordered the Debt would like to see. The Pretoria Courts have Counsellor to pay MFC’s legal fees (in the High been hard hit by this view in the last few weeks. Court) which are no doubt very expensive One Magistrate in that area is supposedly now and will have a detrimental effect on the Debt saying that this case shows that consumers should not be allowed to own or keep cars or Counsellors cash flow in his business.


homes (it is unclear why though) when under should be sufficient to make a ruling on and that respondents and the DC should not have debt review. to add extra info in supplementary affidavits. Normally most courts country wide have no Industry Standards? It is however important to note that while problem with allowing additional information many credit providers have signed that they to be added for their consideration but this agree with these proposals and view them as should not be necessary. standards not many Debt Counsellors at all Admittedly it is doubtful that debt review was have done so and neither have consumers. ever intended to go into court with a rule 55 A recent attempt to have these proposed application but it has ever since Sept 2009. repayment terms included in a code or conduct This particular matter was heard soon after for Debt Counsellors ended poorly and the that time. The Debt Counsellor knew that the NCR withdrew it’s support for the codes due to matter had to be set down but at that time legal pressure and opposition from many Debt there was still a lot of confusion about what had to be included in the application and what Counsellors. the applications should and shouldn’t show. Recently the new Credit Industry Forum, which Debt Counsellors should now give some makes suggestions to the NCR, met and these consideration to bulking up their founding standards were once again raised. Credit affidavits with more information such as : if Providers would like to see the NCR issue the a consumer has an asset- why should it be proposals as rules that consumers would be kept? For example: Does the consumer need bound to. It is unlikely that that could ever a vehicle for work purposes or to transport be the case but the NCR could give support several family members to and from work or to these proposals as being “guidelines”. school. Would public transport be a better Could this mean that courts begin to insist option? Maybe this should be mentioned? on repayment over certain terms as opposed Debt Counsellors do consider all these things to the wording of the NCA which focuses on when reviewing a consumers debt anyway. It “eventual satisfaction” of debts? Time will tell. is now maybe a case of adding an additional paragraph in the founding affidavit in regard to assets to spell these things out. What do we learn? The High Court was not impressed with the way the original Magistrates Court application Why Cost Orders Hurt (in early 2010) was put together. There were Debt Counsellors run their businesses - not to papers missing (E.G. the consumers salary slip) get rich (as helping consumers who are having and important information regarding the wife’s debt problems is not the right industry for health and work situation that were not clearly that) but to try assist consumers and banks. In set out. The High Court and MFC pointed to most cases Debt Counsellors are running their the fact that a MCA Rule 55 founding affidavit businesses very close to the subsistence line needs to be quite comprehensive and that it and a costs order could see them going out


of business. At present there are estimated to more money. Money that the Debt Counsellor be less than 500 Debt Counsellors operating had only planned for them to get once a school debt was paid off. The school debt not being country wide. part of the debt review court order was also Why did MFC bother trying to get this older a sore point for MFC. They wanted the school to get less money over a longer period of time car from the consumer? It all stems back to the original debt and themselves to get more straight away restructuring court order several years ago. rather than let the school debt be settled first. In that matter MFC were offered a fairly small amount of money on the car each month. If Other factors? only that much money got paid each month What we have seen is that within big banks very and never increased the car would take well often the debt review departments do not get over a decade to repay. MFC were naturally not much respect from their colleagues in other product houses. The product houses want happy about that. to collect through traditional methods (and The Magistrates Court that heard the matter ironically lose money on the collection process was however satisfied that the car would rather than use debt review which has no actually be settled over a shorter period and cost to creditors). Also some product houses, that additional funds would become available like the vehicle and homeloans departments, but that is not what the Court Order explicitly want to claim on insurances (when consumers shows. So when a problem arose with the default) and do other things that have to do consumers payments, rather than offer them a with securitisation of these assets which they chance to sort things out MFC decided to try cannot do until they have taken legal steps. Debt review does not count as one of those get to auction off the car. steps seemingly. In reality however if MFC ever got to auction off this car they would hardly see a lot of return on The main reason is however that the consumer the account since this vehicle is almost 10 years seemingly missed a debt review repayment old now and they would end up having to wait after the court order for the debt review was many more years to get the remaining shortfall granted. The bank had - like so many larger funds from this consumer. In all likelihood MFC creditors - already sent out a 86(10) letter (some would probably end up writing the debt off or creditors have been accused of bulk/ mass simply selling the debt on to a collection firm “termination campaignsâ€? where a computer for a tiny portion of the outstanding balance. just spits out lots of 86(10) letters for thousands So‌Why even bother? Why was legal action of consumers at a time) and so MFC jumped at the opportunity to incur some legal costs and taken? pay collection fees and end up losing out on The granted debt restructuring repayment funds through the old fashioned legal route. was of a fairly small amount. MFC had gone to Magistrates court to argue that they wanted What do we learn?


South Africa’s largest Debt Counsellors


still highlighted an issue in regard to MCA Rule 55 founding affidavits needing to be more fleshed out. This should be seen as a good thing as it reduces any possible finger pointing later down the line. It is not nice that the Debt Counsellor received a cost order but it does point to the duty that non legally trained Debt Counsellors have been forced into: to try to reach the standards of trained attorneys in preparing court papers in which, strangely, they are the applicants though the debts are not their own. Debt Counsellors who do not represent themselves should discuss My Magistrate doesn’t want a big fat founding this matter with their attorneys to see what additional information can now be added to affidavit What if you are in a court where the magistrate their founding affidavits. does not want copious and long winded affidavits? What this case has shown is that if To Sum up: a creditor is fighting about a matter and wants Debt Counsellors must make sure founding more money it might be best to put the extra affidavits are comprehensive. Maybe consider info in the founding affidavit right from the justifying the retention of assets. beginning rather than possibly later face this sort of knit picking which could waste time and Some Courts are confused about the Task money for the Debt Counsellor and consumer. Team proposal and think they are now rules. This is not the case. What is the difference between a reported and unreported case? Some Credit Providers also think that this case This case MFC vs Joubert is an ‘unreported’ means that those proposals are now rules case. What does that mean? rather than just the time periods they would like to see debts settled over. T Reported: Judgments published in law reports. Only those cases which deal with significant A Debt Counsellor can have a costs order points of law are considered to be valuable granted against them even if they were unsure precedents and are included in law reports. at the time on how to structure their founding affidavit. Be sure to include pertinent info Unreported: Judgments either too recent to from the start Don’t reply on supplementary be reported, or considered not sufficiently affidavits. important to report. Consumers must never miss a payment while Even though the matter is not reported, it has under debt review. Consumers under debt review must never miss a payment. If they do, they will face a lot of trouble and extra expenses. The debt review process is one of planning well so that payments never have to be missed again. Miss a payment and face having your life turned up side down. Even if the Magistrate who has had this matter referred back to him rules the same again or simply adds the money that was going toward the now paid up school fees to the court order there has been a lot of stress and cost that have resulted.


CONSUMER

LIVING ON LESS Times are tough and we all need to make our money stretch these days. As the cost of living increases it seems that, come the end of the month, there is always a little less cash left to enjoy life with. The Living on Less is a section of Debtfree DIGI which looks at ways wise consumers can keep their living expenses down and save funds. We also consider ways to still have some fun for less. Living on Less is about spotting a great deal and letting others know. It’s about changing our mind set to reflect the reality that times are tough and we need to get savvy. Sure times are tough but you can still have fun while Living on Less.


INDUSTRY

CONSUMER

Clothes Swop Have you ever looked in your cupboard and thought, “I have a cupboard full of clothes, but nothing to wear!”? Us women love to keep clothes that we used to fit into, or a pair of shoes that we just HAD to have, but actually can’t walk in them for more than 5 minutes without having to lean on something. We know we can’t throw it away because there is nothing wrong with it! Never fear, you are not alone!

and make an afternoon of it? Add some red velvet cupcakes and sparkling wine to the mix and you will have a blast. You will be amazed with what you can come away with. At my recent clothes swop party, I scored a Woolies Mac, silky Marian Hill cocktail dress and lovely pair of ASOS heels (that will probably sit in my cupboard until the next swop).

Wondering what to do with the clothes, bags and shoes that are left over? Why not donate Have you ever thought of swopping some of them to a local charity/hospice shop and your perfectly good items you never use with they can make some other ladies smile. This is something that you can arrange with your some of your friends? friends, at least 4 times a year, just before the Why not get together with your girlfriends change of each season and it will satisfy your who have the same issue for a clothes swop inner bargain hunter.


Get active Summer can sneak up on you. One minute you during the day. Can you take the stairs rather are wrapped up in bulky jackets and scarves than the elevator or escalator? Can you walk to and the next you are eying out your swimming the shop rather than drive. costume thinking I hope it still fits. Ask some of your friends if they have any old Traditionally people put on a bit of extra weight exercise equipment they are not using at the during the colder winter months. Well Sumer moment. Can you maybe borrow it for a while? is here and now is the time to fight back. Like debt, extra weight can sneak up on you. And Other suggestions are to perhaps play a sport like debt it takes time and gradual chipping or to begin walking a little each day. If that walking later turns to jogging then that’s away at it to get rid of unwanted weight. great. It is also a great way to clear your mind Doctors have shown us the many benefits of of the demands of the day and to think about losing weight. We all know it but how do we important matters. Some alone time to put things in perspective. do it? Most professionals will caution against crash Can you hit the beach? Is it finally time to learn dieting. Rather they suggest two important to surf? Is there a swimming pool nearby? Water exercise is very good for you, as the buoyancy factors which will assist: of the water can help reduce the stress on your body. Also it’s refreshing in summer. Eat healthier Eat better food, more often, in smaller portions, While getting active might not cost you much throughout the day. it is however somewhat of a mind shift. But all of us are learning to manage our finances Get active! Now you might say: I can’t afford to join a gym. better these days so, why not our health? Active That may be true but do you need to go to people often spend less on medical bills and gym to start to lose weight. Hardly. The key is are less likely to suffer from conditions such as diabetes. So it saves you money and improves getting active. your life. Many of us sit on our rear ends all day long staring at a screen or serving customers. If that The key is to simply begin moving. Don’t delay is your situation what can you do? Rather than it any longer. The longer you leave it the heavier remain seated all day. Take breaks to get up you will be and the more you will have to burn when you do eventually decide to get active. and move around. Try to look for ways to burn more calories So, why not take the stairs this afternoon?


COMPETITION Have you always wanted to be one of those cool surfers hitting the beach to catch a few waves? But what if you never gave it a shot? What if you never got around to trying to surf? Well now you can learn to surf with Surf Big Bay and Debtfree. Debtfree and Surf Big Bay have got together to give you and 4 of your friends the chance to learn to catch some waves down in CT. Imagine learning to surf with the majestic Table Mountain in the background. Not only is surfing is really great for fitness and weight loss it is also great for simply forgetting the stresses of everyday life for a while.

What do need to do? If you live in the Cape Town area or will be visiting Cape Town soon then visit www.capetownsurflessons.co.za and answer this simple question: How long is a surf lesson with Surf Big Bay? What if i don’t win? Well there is nothing stopping you from contacting Surf Big Bay yourself and arranging to hit the waves this summer. You can visit them at: www.capetownsurflessons.co.za or follow them on Facebook at: https://www.facebook.com/BigBaySurfFitClub or mail them on: info@surfbigbay.co.za Tel: (021) 554 3441 / Cell: 071 425 5470

TERMS AND CONDITIONS Prize consists of 1 group lesson for 5 people. This prize is for the Cape Town Area - so only enter if you live nearby. Debtfree’s choice of winner is final. Winners will be notified via email. Prize cannot be exchanged for money. Winners need to make their own way, at their own expense, to Big Bay, Blouberg, Cape Town to claim the prize.


DEBT COUNSELLOR PROFILE

Alan Manshon The Money Clinic 021 782 4351 www.moneyclinic.co.za


Who are your most co-operative and least cooperative credit provider at the moment? This constantly changes but at the moment Consumer Friend is the most co-operative and ABSA and Direct Axis and Edcon would win the Alan we always see you at any hearings the joint prize for least co-operative. DTI hold or workshops that the NCR are hosting and we enjoy listening to your radio What whould you say is the biggest challenge show on the Taxi each week. It is great to facing Debt Counsellors at the moment? see Debt Counsellors getting involved in Getting credit providers to respond to spreading the word about responsible ways requests for additional information and the to handle debt. We have a few questions for lack of co-operation regarding reckless credit assessments. you about your business. How long have you been a DC? I have been a practicing Debt Counsellor for 5 years now.

How long have you been a practicing DC? 6 years What did you do before becoming a DC? I was a banker for 16 years What area (of SA) do you practice in? Cape Town (Southern Suburbs & Deep South)

What is the biggest challenge facing your consumers at the moment? Credit provider incompetence which results in undue distress for consumers. For example credit providers terminating debt review because they have seemingly misplaced the granted debt review court orders.

What advice do you give to consumers who Do you have a small/med/large DC company? are currently under debt review? Debt review is merely the first step to regaining Small but we prefer the term: ‘boutique’ your financial independence. Do not sit back Some DCs are saying that business is slow, and wait for your debt to be paid up. Nothing prevents you from settling your debt faster if where do you find new business? Word of mouth is our strongest marketing tool your financial situation improves. but we are also quite active on social media as well as a local community radio station which TUNE IN You can listen to Alans show each Wednesday sometimes also affords us local TV exposure. here: http://thetaxi.co.za/listen-live/ What do you think makes your business Check out the stations show line up here: successful? I enjoy finding solutions to problems. Because http://thetaxi.co.za/line-up/ we’re small and limit the number of cases we take on, we’re able to give extreme levels of Or check Alan’s facebook page for more details attention to each matter.


DEBT COUNSELLORS ASSOCIATIONS ANNOUNCEMENT BOARD Our congratulations to the new National Executive Committee who were recently voted in at the AGM. Here are the names: E. Cilliers; PJV. du Toit; E. FouchĂŠ; H. Hodgson; A.J. Richards; P.J. Slot; CM van den Heever. We wish you all the best for the coming months.

Debt Counselling media promotion: BDCF were on Bush Radio this month promoting debt review. CIF: We also attended the recent CIF meeting and have made submissions on topics of discussion. Thanks to those members who sent through their views.

www.bdcf.co.za

DCU Did a Top SA Attorney Forge a High Court Judgment? http://goo.gl/wAK1kj For more information contact: chairman@newera.org.za

www.newera.org.za

Our AGM was held during November and was a great success. Thank you to all who attended. We look forward to a 3rd successful year representing our members. The new NEC was elected at the meeting. The NEC members are: Giel van Zyl, Joe Kotze, Marie Kruger, Adri de Bruyn, Hennie Vermaas, Simon Barkenhuizen, John Steyn, Ivor Manuel and Gerald Rodrigues We want to thank them in advance for their willingness to help our members. www.allprodc.org


NOVEMBER

NEWSLETTER We are proud to announce the new National Executive Committee: Chairman: Giel van Zyl Vice Chairman: Joe Kotze, Secretary : Marie Kruger, Legal: Adri de Bruyn, Finance: Hennie Vermaas, Members: Simon Barkenhuizen, John Steyn, Ivor Manuel, Gerald Rodrigues Our AGM this year was a great success. The venue was cosy and the snacks delicious. A Special thanks to Hennie who made those arrangements. The voting process for the new NEC went smoothly with new volunteers helping to share some of the responsibilities this year. The topic of the Credit Industry Forum was also covered with John Steyn being assigned to represent AllProDC over the next few CIF meetings. We are determined to help contribute to these important meetings and thus keep the NCR aware of our members views on important industry developments. The chairman’s address summed up some of the activity that AllProDC have been busy with the past 12 months. The list is impressive and we are proud to have been so influential this year. You can download the Chairman’s address on our Facebook group. Some of the things mentioned were: Being registered as an NPO, Meeting with UP reps (Prof Frans Haupt), the well supported workshop in May, the developmental workshops for DC’s, meeting with BASA, meeting with various individual credit providers (such as: FNB, African Bank etc), meeting with DCASA, involvement with newly formed CIF and an active role in the DTI consultations re NCA amendments. To quote

the chairman, in part, regarding meeting with other parties involved in Debt review he said:”…For the first time, debt counsellors

are being given platforms to engage industry stakeholders. Now is not the time for cowboys or personal egos. Now is the time for… participation. We need to encourage DC’s to join associations and we need to seriously consider our position regarding co-operating with other DC associations. We will probably never see eye to eye on all issues and that’s ok. But there remains key issues of strategic importance where we must present a unified position.” Thank You We would also like to thank the former NEC for their hard work in helping drive so much of what we accomplished this year. At the same time we must also say a big thank you to those members who have contributed behind the scenes and have assisted the NEC in getting matters done. More about our AGM here: http://debtfreedigi. co.za/alliance-of-professional-debt-counsellors-agm/

CONTACT DETAILS secretary@allprodc.org FORUM: www.debtconcern.webs.com WEBSITE: www.allprodc.org FACEBOOK: www.facebook.com/AllProDC TWITTER: www.twitter.com/AllProDC


In Conversation with Lynne 2013 in perspective - celebrating the gains “Alone we can do so little; together we can do so much.” (Helen Keller) Please join the FNB Debt Review Centre in looking back at 2013 and planning for 2014.

DATE: Friday, 22 November 2013 TIME: 10h00 – 12h30

DATE: Tuesday, 26 November 2013 TIME: 09h00 – 11h00

VENUE: Cherry Place Conference Centre, 161 Heugh Road, Walmer, Port Elizabeth

VENUE: Auditorium, FNB Conference & Learning Centre, 114 Grayston Drive, Sandown, Johannesburg

DATE: Wednesday, 27 November 2013

DATE: Thursday, 28 November 2013

TIME: 10h00 – 12h30

TIME: 10h00 – 12h30

VENUE: 4th Floor, FNB Willowbridge Place, 39 Carl Cronje Drive, Tygervalley, Cape Town

VENUE: FNB Commercial, Acacia House, Rydall Vale Park, Douglas Saunders Drive, La Lucia Ridge

RSVP with Mpho Lekala mlekala@fnb.co.za or Jeanette Botha JBotha1@fnb.co.za before 19th November 2013


DCASA have been busy

DCASA Western Cape met at the Parow Golf Course in November for the last time for 2013. The meeting was well supported and featured some interesting presentations from various parties and industry experts including Eugene Cillier current DCASA Western Cape Chairperson. Some of the topics covered were: Sequestration (or actually Voluntary Surrender of Estate) and how consumers can benefit from the process should they qualify. For many this process sees them pay back less money over a shorter time period than via debt review. The trick is being able to qualify.

the line of DCs being impartial toward CPS and Consumers. Interestingly since only a Debt Counsellor can perform the functions of a Debt Counsellor (as per the NCA) it seems that only DCs can be involved in any voluntary debt restructuring process. The event was sponsored by HYPHEN Payment Distribution Agency. They made some very interesting comments about how coming legislation and industry changes regarding card payments is effecting their business. The changes will see them having to spend around R7 Million to become compliant before Feb 2014. There were also presentations from Maximus and Bitech who showed how their debt counselling software can help Debt Counsellors run their business: From drafting proposals to preparing court documents and even reports to the NCR.

Administration particularly in conjunction with Debt Review was discussed. It was pointed out that were legal action has begun on accounts (adding up to less than R50 000) an admin order can be sought while at the same time a The Debt Counsellors Association of South debt restructuring court order is sought for all Africa AGM other debts. DCASA held it’s annual General Meeting this The sensitive subject of voluntary debt month in Kempton Park, Gauteng. The meeting rearrangement was discussed. You may have presented the opportunity for members to thought this subject was now taboo but the elect a new National Executive Committee to topic made the line up at the meeting. The help steer the association. Here are the names DTI have said they are not opposed to finding of those elected: solutions that are not necessarily “debt review” if the consumer is protected. It was noted E. Cilliers; PJV. du Toit; E. Fouché; H. Hodgson; however that the NCR stopped a similar process A.J. Richards; P.J. Slot; CM van den Heever. once before because it was unregulated, did not necessarily protect consumers from The NEC will only allocate individual NEC roles legal action without recourse and crossed at their first meeting of 2014.


SERVICE DIRE DEBT COUNSELLING AA Debt Counselling Centre Anthea Johannes NCRDC531 Tel: +27 (0) 21 982 0522 Cell: +27 (0) 84 402 7032

Financial Synergy Group Credit Awareness & Rescue Services DEBTINC 0861 20 21 20 enquiry@debtinc.co.za Financial Planning & Growth CONFIDO 022 713 20 21 planning@financialsg.co.za Legal 012 643 1423 legal@financialsg.co.za Employer Group & Wellness Services 012 643 1423 wellness@financialsg.co.za Call Centre Services 0861 20 21 20 reception@financialsg.co.za

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

Debt Solve Debt Counsellors Office: 033 397 0945 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

Central SA Debt Counsellors 082 950 7806 Fax: 086 563 1621 Consumer Assist 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

DebtSenseGroup

For Professional, Responsible and Effective Debt Restructuring Services

John Harvey NCRDC 1370 Newcastle – KZN Tel: 034 312 1767 Fax: 034 315 3441 Email: debtsense@newcastle.co.za Web: www.debtsensegroup.co.za

Debt Therapy Hans Pettenburger-Perwald NCRDC49 Tel: +27(0) 21 556 4935 Fax: +27(0) 21 556 4937 Toll Free: 0800204728 Cell: 0823358232 www.debt-therapy.co.za Email: info@debt-therapy.net 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


ECTORY 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 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

Finesse Debt Counsellors NCR Registration No: DC1262 Address: 478 Windermere Road, Morningside, Durban, 4001 Phone: 031 209 2356/ 084 250 2356 / Fax: 086 5732433 e-mail romie@debtfinesse.co.za www.debtfinesse.co.za Holistic Debt Counsellors info@holisticdc.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 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

Rihanyo Debt Counselling (012) 804 50 57

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 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

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

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 Staff Line Ndizani Executive Recruitment Cell no: 083 3028163 Direct Line: (011) 468 - 2150 E- Mail: saki@staffline.co.za

Information resources & services www.thedci.co.za


ECTORY Designtimes South Africa’s creative resource www.designtimes.co.za TRAINING Compuscan Academy 0861 51 41 31 www.compuscanacademy.co.za You & Your Money NCR ACCREDITED DEBT COUNSELLOR TRAINING COURSES: Training and mentoring since 2007 Want to make a contribution as a registered debt counsellor? Need to empower and upskill staff in your debt counselling business? Courses devised to suit all needs: Flexible timeframes to accommodate workflows. On site/inhouse training for staff. Contact Dawn Jackson Dawnjackson.training@telkomsa.net

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

Dont miss out on a single issue!

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

If you want to subscribe, advertise or be listed in our directory please contact us! magazine@ debtfreedigi.co.za


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