CIRCULAR No. 01 OF 2012– NCR DEBTHELP MANUAL PROCESSES 1. INTRODUCTION This Circular aims to provide clarity to the industry on the steps required to ensure that the transfer or withdrawal of a consumer is effectively administered by the NCR and updated accordingly on the Debt Help System. It also serves to convey the message to the industry on the new process for the notification to Bureaus on clearance certificates. Detailed processes on the withdrawal and transfers will further be communicated through the industry document that is pending finalization. 2. TRANSFERS When a case is transferred the debt review or debt rearrangement still persists, nothing except the name of the debt counsellor changes. In other words, all of the statutory obligations and the time lines continue to run as from date of first application, including the prescribed forms and the aftercare requirements. A new fee may not be charged. The New debt counsellor will only receive the aftercare fee going forward. The debt counsellor will need to inform each party to the application, in other words, in writing inform the consumer and the credit providers. NCR also need to be informed by following the process below: Manual Transfers to be sent to NCR for document evaluation: There are two processes for manual transfers. Process 1: Single Transfer Triggers 1. CONSUMER MOVING FROM OLD DC TO NEW DC NCR to log via support as “NCR Single Transfer OLD DC # to NEW DC #”
Documents Required
Responsible person
Action
DC New to complete: a) Letter of consent signed by DC new (include - DC NCR Reg. No, Surname, Name & Contact
New DC
DC new to email these three documents to NCR at transfers@ncr.org.za.
b)
c)
a) 2. RE-APPLICATION OF DEBT REVIEW.
2.1 Records on B, G or H and re-application with the same DC.
b)
number) & consumer (include - ID Number, Surname, Name, contact number and Current Status); Copy of the ID document of the consumer and Signed acknowledgem ent letter from Old DC (include - DC NCR RegNo, Surname, Name & Contact number). A letter of consent by the same DC to reinstate the consumer and Copy of the ID document of the consumer.
Same DC
Same DC to email these two documents to NCR at transfers@ncr.org.za.
New DC
DC new to email these two documents to NCR at transfers@ncr.org.za.
NCR to log via support as “NCR Re-Application DC # Change Status Code to A Consumer Name + ID #” 2.2 Records on B, G or H and re-application with a different DC.
NCR to log via support as “NCR Single Transfer ReApplication NEW DC # Consumer Name + ID #”
a) A letter of consent by the new DC and b) Copy of the ID document of the consumer.
3.OLD DC HAS ABSCONDED AND UNTRACEABLE NCR to log via support as “NCR Single Transfer Application NEW DC # Consumer Name + ID #”
a) A letter of consent by the new DC;
New DC
DC new to email these two documents to NCR at transfers@ncr.org.za.
b) Copy of the ID document of the consumer.
Process 2: Bulk Transfer Triggers 1. OLD DC MOVING CASES TO NEW DC(VOLUNTARY DEREGISTRATION) “NCR BULK Transfer OLD DC DEREGISTRATION NEW DC # Consumer Name + ID #”
Documents Required
Responsible person
Action
Old DC to prepare: a) Letter informing that all cases must be moved to New DC. The letter to include Old DC and New DC details (i.e. DC NCR RegNo, Surname, Name & Contact number) and total number of consumers to be Transferred (e.g. Total number of consumers to Transfer = 2500); and b) A list of all cases to be transferred (for each case to be transferred include- ID Number, Surname, Name, contact number and Current Status)
Old DC
Old DC to email these two documents to NCR at transfers@ncr.org. za.
3. WITHDRAWALS 3.1 Consumer withdrawal: If the consumer would like to withdraw from the debt review process, he/she needs to give written notice to the Debt Counsellor of the withdrawal and the reason/s why. The debt counsellor should keep this on record for 5 years. It is then the responsibility of the Debt Counsellor to inform the consumer in writing that:
The debt review listing on the credit bureau will be removed within 5 working days but the record of his/her payment default history will remain on the bureaux for 5 years.
The consumer is no longer protected under The National Credit Act and Credit Providers may again proceed with enforcement action on the arrear accounts.
It is the right of the consumer to re-apply for debt counselling but credit providers may take action against consumers that are in default. When a case is withdrawn, the debt review / debt rearrangement comes to an end. Any protection afforded to the consumer under the National Credit Act is immediately withdrawn. All parties to the application need to be informed in writing of the withdrawal within 5 days. The NCR needs to be informed as per process below: Trigger
Documents required
Responsible person
Action
Debt Counsellor
Update NCRDEBTHELP system with G status.
1) None Withdrawal by a/ consumer from debt review application
3.2 Debt Counsellor withdraws: A debt counsellor may use his/her discretion and opt to withdraw from a case if a consumer is not co-operating or is acting in bad faith in terms of Section 86(5) (b). Bad faith would include the following and other reasons not mentioned here:
Not following reasonable instructions from the Debt Counsellor (e.g. to bring documentation that the DC requested or not insuring the vehicle, while advised to do so)
Entering into further credit agreements whilst under debt review
Non payment of Debt Counsellor fees or credit providers
Refusing to sign affidavits
Refusing to appear in court
Any other reason which causes an obstruction in the process The Consumer must be informed in writing of the withdrawal and the reason for withdrawal and given time to respond to initiate steps to stop the withdrawal. If the problem cannot be rectified or there is no response from the consumer, the debt counsellor can proceed with the withdrawal. All parties to the application need to be informed in writing of the withdrawal within 5 days. The NCR needs to be informed as per process below: Trigger
Documents required
Withdrawal by a DC from debt review application
1) None
Responsible person
Action
Debt Counsellor
Update DHS system with H status.
NOTE: Daily updates done on NCRDEBTHELP system are sent to all the bureaus by an overnight file which they all access the following morning. Upon receiving the files the CBs are expected to update the consumer’s credit profile. 4. CLEARANCE CERTIFICATE 4.1 In terms of Section 71(2) a debt counsellor who RECEIVES an application (not only once Court Order is granted) must investigate the circumstances and issue a clearance where appropriate. A debt counsellor must therefore obtain paid up letters confirming that the accounts have been settled or follow a dispute process, if there is a balance dispute. Once paid up letters are obtained the debt counsellor must issue a Form 19 to the consumer, credit providers and also to file a copy on the Court file. The NCR debthelp system should also be updated to reflect that consumer is no longer over-indebted (Status F). 4.2 In terms of Section 71(5) a credit bureau upon receiving a copy of the clearance certificate, must expunge from its records(a) the fact that the consumer was subject to the relevant debt re-arrangement order or agreement; or (b) any information relating to any default by the consumer that may have(i)
precipitated the debt re-arrangement; or
(ii)
been considered in making the debt re-arrangement order or agreement; and
(c) any record that a particular credit agreement arrangement order agreement.
was subject to the relevant debt re-
All parties to the application need to be informed in writing of the clearance certificate, so in other words, the consumer and the credit providers. The NCR and Credit bureaus also needs to be informed as per process below.
Trigger
Documents required
Where the DC declares that the consumer is no longer overindebted.
1. Copy of the clearance certificate
Responsible person
Action
1.Debt Counsellor
1. Update DHS system with F status. 2. Send the copy of the clearance certificate to all credit bureaus.
5. APPLICABLE TURNAROUND TIMES
6.
TRANSFERS
3 working days
WITHDRAWALS
5 working days
CLEARANCE CERTIFICATE
5 working days
CONTACT DETAILS
Contact Number
Email Address
“NCRDebthelp� system queries
011 759 7220
support@dsg.co.za
Kedilatile Malakalaka
011 554 2705
kmalakalaka@ncr.org.za
DHS Project
Sibusiso Nhangombe
011 554 2728
snhangombe@ncr.org.za
Transfer requests on Debthelp
011 554 2600
transfers@ncr.org.za
Disputes on DC flag removals &expunging of records.
Credit bureau involved
DHS Project
CREDIT BUREAUS EMAIL ADDRESSES FOR CLEARANCE CERTIFICATES TRANSUNION
sdyafta@transunion.co.za mmalan@transunion.co.za
EXPERIAN
debtcounsel@experian.co.za
XDS
dispute@xds.co.za
COMPUSCAN
dataman@compuscan.co.za
CPB
lelani@cpbonline.co.za
INOXICO
MichelleS@inoxico.com RiaanB@inoxico.com
FOR MORE INFORMATION For more information: Please email The National Credit Regulator at transfers@ncr.org.za Disclaimer While the NCR has taken reasonable care to ensure the factual accuracy of this circular, it cannot guarantee such accuracy especially with regards to future events. Accordingly, NCR does not accept any liability for damages incurred by any party as a result of decisions or actions taken on the basis of information supplied in this Circular.