Debtfree South Africa’s debt counselling magazine
November 2010 www.debtcounsellingsa.co.za
Editor
November is here already and you may feel what happened to the year. I just remember it starting and thinking “Wow, 2010, the World Cup I never thought we would get here”. How time flies when you have fun…or are busy working desperately trying to pay all your debts and still feed your family. If you entered debt review this year then no doubt you have felt a huge weight lifted off your shoulders. If you are in your second or third year under review well: Well done! You have almost made it to 2011 and are now that much closer to being debt free.
Contents 02
Editors notes
03
Slow down
06
Consumer Protection Act
09
NCA and Credit Bureaux
12
FNB quick sell
16
Good faith terminations
18
Jobs
21
News
23
Service directory
But remember that this is a dangerous time of the year. Don’t let your guard down and start to spend money you can ill afford. Careful! If you are a DC then it has been a tricky couple of months with 86(10)s from Nedbank and FNB (and recently ABSA) piling up on your desk. Well we encourage you to have a look at Attorney Brett Carnegies article on the subject (once again) This issue we continue to have a look at the new Consumer Protection act and its effect on debt counselling. Not only that but we cover all the news regarding the new Society for Debt Counsellors. We hope you enjoy the issue and may you soon be Debtfree.
Editor
CONSUMER
SLOW DOWN The petrol price has gone up once again, meaning that many drivers will begin to feel the pinch in the weeks and months to come. If you are one of the many consumers sitting in traffic doing the stop start dance daily you will know that traffic driving really pushes your consumption through the roof.
movies and TV shows were people would drive a car through someone’s backyard fence and crash into their swimming pool. (which was silly of us). Nowadays we know better and no doubt you see the advantage of sharing your transport costs with others in your area that are headed in the same direction as yourself everyday. It may be that your kids all go to the So what can you do to keep your transport same school and you share the responsibility of costs down? dropping them off and picking them up. This is an excellent way to reduce your transport costs. Well, many years ago we heard about people A simple note put up at your local supermarket in America doing something called “car or on “gumtree” may be all it takes to slash your pooling”. A lot of us thought that this was what transport costs. happened in one of those funny scenes in
One way to avoid high transport cost is to avoid driving unnecessarily. Why not take a walk down to the shop (not at 11 at night of course, but if you have the time. Its healthy and will cost you less. If you are going out ask your friends to come fetch you for a change. Even if you give them a little toward their petrol costs you will be exposing your vehicle to less risk and less wear and tear. It is also a simple truth that drivers who go faster use more fuel. Not only that but the faster you drive the harder you need to break. Which is it better to do: buy a car from a little old granny or a teenage rep? Think about it. Resist the urge to tear from traffic light to traffic light in town and on the open road stay within the speed limit. It may surprise you to know that many of the fuel economy figures that you see advertised when you are looking to buy a vehicle are for tests run at a speed of 60 Km per hour.
Which is it better to do: buy a car from a little old granny or a teenage rep? Think about it.
Driving within the speed limit also has another advantage: Avoiding traffic fines. You could find your entire debt review budget thrown out the window simply because you have to pay a heavy fine. This can place a lot of unnecessary stress on you and your family. Be law abiding and your costs will stay down. Not only that but statistically, driving slower puts you at lower risk of having an accident. Presumably because you are not taking risks and have more time to react to dangerous situations. And ask yourself: can I afford to pay my insurance excess right now? Do I want to? What if I or someone in my family ended up in hospital what would happen then?
It is also a simple truth that drivers who go faster use more fuel. Not only that but the faster you drive the harder you need to break. All in all, owning your own vehicle is an expensive thing. You need to maintain your vehicle, in sure your vehicle and of course, fill up the tank in the face of rising petrol costs. By driving in a conservative manner and with a little bit of planning you can drive your costs down
So Debt Counsellors want specialised ATTORNEYS who can sort out all their DEBT COUNSELLING needs...
RM Brown & associates
www.rmbrown.co.za
INDUSTRY
UNDERSTANDING THE CONSUMER PROTECTION ACT The last article, in this series, looked at what you need to consider and the processes you need to implement to ensure that your marketing activities and promotions comply with the CPA. In this instalment, we consider the requirements pertaining to the contractual relationship with your client.
debt counsellor and its client, in relation to the service the debt counsellor renders, must comply with the CPA. The relevant provisions of the CPA therefore add to the compliance requirements of the NCA and the two Acts operate concurrently.
The NCA requires an applicant for debt review to complete Form 16. Certain debt counsellors rely exclusively on Form 16, to govern the The National Credit Act 34, 2005 (NCA) regulates service relationship between themselves and various aspects of the debt counsellor’s the client. This is inappropriate, since Form 16 contractual relationship with an applicant/ – client. The NCA prescribes – • is not an enforceable agreement; and • the documentation to be used by the debt • does not protect the debt counsellor against counsellor and the client; liability. • the respective obligations of the debt counsellor and the client; and It is strongly recommended that the debt • the timeframes for specific actions to occur. counsellor execute a written agreement with Collectively this makes up the contractual their client. This agreement must comply with relationship between the debt counsellor and the prescribed requirements of the CPA. their client. Section 48 Although the debt review process is regulated In terms of section 48 (1), a supplier cannot by the NCA, the relationship between the contract on the basis of -
• a price or any term (of the agreement) being unfair, unreasonable or unjust; • the manner of marketing, negotiating or concluding the agreement/transaction being unfair, unreasonable or unjust; or • requiring a consumer to waive any rights, assume any obligation or waive any liability of the supplier, on terms that are unfair, unreasonable or unjust. The crux of this provision lies in the meaning/ intention of the phrase “unfair, unreasonable
or unjust”. This phrase has not been expressly defined in the CPA, which makes interpreting the requirements of this provision challenging. However, section 48 (2) elaborates on the intended meaning, by identifying specific terms that would be considered “unfair, unreasonable or unjust”. These include – • terms that are excessively one-sided in favour of any person other than the consumer; • terms that are so adverse to the consumer, as to be inequitable;
• circumstances where the consumer relied on a false, misleading or deceptive representation or a statement that was detrimental to the consumer; and • circumstances where the transaction or agreement was subject to a term or condition or notice (section 49) and – • that term, condition or notice is unfair, unreasonable, unjust or unconscionable; or • the fact, nature and effect or the term, condition or notice was not drawn to the attention of the consumer in accordance with section 49.
pressure and undue influence in all dealings with your client; 2.5 If you are engaging in direct marketing ensure you comply with sections 11, 16 and 32 (discussed in the previous edition); and 2.6 If you are concluding agreements/ transactions telephonically or on your website, ensure that your processes comply with the Electronic Communication and Transactions Act. 3 Contractual terms requiring your client to waive their rights (common law or legislative) or waive your liability must be justifiable, limited and fair, in the circumstances. In our view, section 48 (2) does little to clarify 3.1 The term must be drafted in plain language the meaning of the phrase. If anything it may (section 22). well compound the challenge to interpret it 3.2 The fact, nature and effect of the term must accurately. be drawn to the attention of the client in a conspicuous manner, before the transaction is What does this mean for the debt counsellor? concluded or the client has to pay. 1 The price of your service must be fair, 3.3 The client must be given adequate time to reasonable and just. This means that it should receive and comprehend the term. not exceed the prescribed fees, published by the Debt Counselling Association of SA and endorsed by the Regulator. 1.1 Do not advertise or market your services at In next month’s issue, we will a different price (lower) to that which you will consider those transactions, actually charge your client – this is prohibited. 2 When marketing, negotiating and entering agreements, terms and into an agreement/transaction conditions that are strictly 2.1 Avoid any false, misleading or deceptive prohibited under the CPA. representations; 2.2 Ensure full and frank disclosure of all material facts pertaining to your service; 2.3 Confirm your client’s understanding of the terms and correct any misunderstanding; 2.4 Avoid coercion, duress, harassment,
THE NCA AND CREDIT BUREAUX Background
Backgrou What does the Act do?
The National Credit The Act 34/2005 (NCA) and
National The Act stipulates that each credit bureau
the National Credit Regulator the (NCR) became
National must register with the National Credit operational on 1 June operational 2006. The National Credit o Regulator in order to conduct business Regulator is responsible Regulator for the enforcement of legally; the Act.
rruption or theft;
the
is
r
Act. It sets out the purposes for which consumer credit information may be used, and the
submits your information to a credit bureau.
Can I challenge informa by credit bureaux if I do with it?
What is a credit What bureau? companies to whichis the credit bureau may
a
provide the information; A credit bureau is a A company that gathers credit bure It sets out standards for data accuracy to information and updates information each consumer’s credit a
ensure that information kept by a credit history. A credit bureau history creates a record of a . A cre bureau on your record is always accurate; consumer’s credit information consumer’ indicating how the s c
ployment in a position
During this period, you must inform the credit
It ensures that each consumer has the right consumer manages consumer ma to check his or hercredi record, and that any his/her credit. his/her
honesty and entails the
The credit bureau
When I apply for credit from a
mistakes are corrected.
provider or credit bureau if the information is
credit provider, who decides
whether or not I qualify for The
credit
credit?
supplies these
supplies
records to credit
When you apply for credit, the records
bu
thes
to
cre
credit provider uses information providers, such as providers,
nces; and
incorrect:
received from a credit bureau to
YES! If you do not agree with th
banks, retailers
banks,
and other credit
and your credit record satisfies the
providing
standards of the credit provider, a providing
assess your application. When
su
retaile
other
cre
companies. The
decision to grant you credit is companies.
information
information
indicates each
indicates provider that approves or rejects
consumer’s
the credit application and not the consumer’ s
ot you can afford
classifications of consumer behaviour, such
made by the credit provider. It is the bank, retailer or credit
as‘delinquent’, ‘default’, ‘slow paying’,
held by the credit bureau, you can
credit bureau. payment record. It payment
is also used to
is
also
detect fraud,
detect
eac
reco
used
and request the
t
fraud,
corruption or theft. corruption
‘absconded’ or ‘not contactable’;
T
bureau to correct
or
The Office of
Information O
To investigate fraud, corruption or theft; rmation What rights do I have? k To consider you for employment in a position I don’t ag You have the right:
To be informed that the credit provider ith the intends to report negative information on you
that requires trust and honesty and entails the
handling of cash or finances; and inform To assess whether or not you can afford u can challeng to a credit bureau before the credit provider various services. r actually reports you; ice of the Credi
tion To receive a copy
Ombud of your credit record from Credit information assists credit providers to a credit bureau when you request it. You e of the Credit assess if consumers will be able to meet their ion Ombud resolv can get one free record per year, but the financial obligations. Credit information is of nts from consume credit bureau may charge you a fee for any benefit to
To investigate fraud, corruption or theft; enge What rights do I have?informati er you for empldon oyment in a position ureaux ifTo considI
nesses
that
are
further records; impacted consumers who by How can I get a copy of formation. To challenge information kept by the credit my credit record? are not over-
ly
t
bureau if you are unhappy with the
indebted and have
information;
You can request your credit
good payment
record from a credit bureau
You have the right: For your
Credit bureaux may not list
histories. Credit
information to be
information that may
kept confidential,
be discriminatory such as
information assists
that requires trust and honesty and entails the
information on race, sexuality,
such consumers to
once a year at no charge, thereafter at a fee of not
more than R20 per record.
To be informed that the credit provider handling of cash or finances; and not intends to reportagree negative information on you with the To assess whether or not you can afford it bureau, to a credit bureau before the credit provider you can c various services. r actually reports you;The Office of th t Om To receive a copyInformation of your credit record from and for your
political affiliation, medical
get credit, and
information to be
status, religion or membership
prevents them from becoming over-indebted.
used only for
with a trade union.
purposes allowed by the Act.
What can my credit information be used for? Your credit information can be used:
Will I be notified before the information is sent to the bureau?
To assess whether or not you can afford
For the following information, you will receive
credit;
20 business days notice before a credit provider
submits your information to a credit bureau. kept During this period, you must inform the credit gree provider or credit bureau if the information is
incorrect: mation classifications of consumer behaviour, such ge this as ‘delinquent’, ‘default’, ‘slow paying’,
it
‘absconded’ or ‘not contactable’; classifications related to enforcement action
Can I challenge information kept by credit bureaux if I don’t agree with it?
YES! If you do not agree with the information held by the credit bureau, you can challenge this and request the
The Office of the Credit
bureau to correct
Information Ombud
the information.
The office of the Credit
If they refuse to
Information Ombud resolves
correct the
complaints from consumers
information, you
and businesses that are
submits your information tkept o a credit bureau. ion Can I challenge information kept During this period,agree you must inform the credit n’t by credit bureaux if I don’t agree provider or credit bureau if the information is with it? taken by the credit provider, such as handed
ves
over for collection or recovery, legal action,
ers
or write-off.
How can I verify that the information held by credit bureaux is accurate?
can complain to
negatively impacted by credit information.
the National Credit Regulator.
You can verify that the information held by a
credit bureau is correct by following the steps below:
Contact the credit bureau;
Ensure that you have your accurate personal
incorrect: information YES! If you do not agree with the information classifications of consumer behaviour, such challenge this held by the credit bureau, you can challenge this as‘delinquent’, ‘default’, ‘slow paying’, and request the The Office of the Credit he ‘absconded’ Credit or ‘not contactable’; bureau to correct Information Ombud mbud information such as your ID number and your address;
The bureau will send you a form to complete; Complete the form and fax it to the bureau;
The credit bureau may ask you to pay a fee; this must not exceed R20;
Inform the bureau if there is any inaccurate
information on your record, or ask the bureau to explain any information where you are uncertain.
CONSUMER
WHAT IS FNB’S QUICK SELL PLAN? What is FNB’s Quick Sell Plan? The Quick Sell Plan (QSP) is a private sale option that enables FNB customers to sell their property voluntarily (with FNB’s help) in the shortest possible time and reduce a lot of their debt burden. In most cases a burden they can no longer successfully cover each month. Customers who agree to the QSP are asked to sign a mandate, to provide FNB’s chosen
estate agency with the relevant information on the home, to allow access to FNB’s appointed estate agents and potential buyers and to ensure that the property is marketed and sold in the quickest possible time at the best achievable price. Obviously the best case scenario is where the sale value exceeds that owed by the client and that they will then be able to use the resulting funds to settle other
debt obligations as well and end up debt free. However this price is, by necessity, not always the full amount owed on the bond and in such a case the customer will have to settle the resultant shortfall (should there be one) over time. FNB will “discount the amount owed and give plenty of time to settle the remainder. If customers who have fallen far behind make use of this option FNB will not need to proceed with legal action to convince a court to allow for the sale on auction of the property in question. Thus customers who take advantage of this Plan avoid being black listed (if no legal action has been taken already) and will be able to apply for credit in the future. This greatly reduces the time and expenses of the usual recovery processes. Jan Kleynhans, CEO FNB Homeloans, says more than 3,500 distressed local home owners have recently been assisted successfully through First National Bank’s Quick Sell Plan (QSP). “The customers that we have helped through this program can now move forward with their lives, clear off a debt burden that they can no longer service and reduce excess debts,” adds Kleynhans.
• The process is transparent and easy to understand, which minimises delays and the prospect of a prolonged deal. • A preferential seller’s commission of only 5.5% (excluding VAT) has been negotiated with FNB’s nominated estate agencies • FNB Home Loans and it’s nominated estate agents will invest time, energy and money in their sale efforts to ensure that you get the best possible price for your property. • Offers are received through the traditional approach as well as online mediums. • FNB Home Loans’ legal and financial consultants are on hand for buyer assistance. If you are in the market to buy a property “FNB offers buyers up to 100% bonds on all Quick Sell properties. Should both the transfer and registration be handled by an FNB appointed attorney, buyers can also receive a 50% discount on both transfer costs and registration fees,” says Ryno Mey, FNB homeloans National Quick Sell Manager. This is also an incentive to prospective buyers as well. If you are under review but cannot “afford” to keep your property then this may be an option for you. If you were under debt review and fell out of the problem and FNB are now looking Benefits of the Quick Sell Plan to serve summons and then proceed with an • An attractive discount, of minimum of auction of your property then why not take R30, 000 or 15% of the current outstanding advantage of this program as it may reduce the loan balance (which ever is greater), will be possible shortfall and credit bureau issues. applied when there is a shortfall after the sale of the property. Call 0860 33 55 44 to find out more • Any shortfall is repayable over a period of up to 10 years at the prime lending rate. However, if the shortfall is paid within 5 years, the loan will be interest free. • You stay in control of the sale of the property, meaning a minimum reserve price will be agreed upon upfront.
Debtplan is a niche based insurance service provider within the debt review industry. Our aim is not just to consumers during their debt review process, by providing them with debt risk related products that can money, but also serving as the conduit between the debt counsellor and their client`s. Should you as a D or consumer require further information on our products and services, please contact us on our toll free 086 133 2875 or one of our relationship managers. Eastern Cape: Ellen-Ed Stoltz T: 041 922 87 36 E: ellen-ed@debtplan.co.za Call us on 0861 33 2875
Western Cape Sam Haasbroek T: 072 55 104 99 E: sam@debtplan.co.za
Gauteng Bianca Marais T: 016 454 2300 E: bianca@debtplan.co.za
Gauteng Charlene G T: 016 454 E: charlen
www.debtplan.co.za
to add value n save them Debt Counsellor number
Green 4 2300 ne@deptplan.co.za
FSP 30490
INDUSTRY
GOOD FAITH TERMINATIONS Judge blignaut to the rescue? Dunga in the High Court, Western Cape High Court Division where he made two important findings. The first finding relates to section 86(11)of the Act, namely that a casus ommisus had occurred in the drafting of the section of the statute. Through a process of statutory interpretation Blignaut J finds that by error the drafters of the legislation left out the words ‘High Court’ when drafting the legislation. He is of the view that the legislators clearly meant to say that an application for reinstatement of the debt review process could be conducted in either the High Court or the Magistrates court as not to do so would lead to an absurdity. This judgment is naturally welcomed by consumers as they can now oppose summary judgement in the High Court and at the same time apply for the reinstatement of the debt review process. The second finding relates to terminations in accordance with the much vexed section 86(10) of the Act. Here Blignaut J finds that Many consumers and debt counsellors will terminations can only be terminated if the find solace in the recent judgment handed termination is done in “good faith”. I extract down by Blignaut J on the 20th September paragraph 48 of the judgment: 2010 in the matter of Mercedes Benz Financial Services South Africa (Pty)Ltd v Papan Gideon “The solution suggested by me is the
implication of a proviso into section 86(10) to the effect that a credit provider may only terminate a debt review if he is acting in good faith. The implication of such a proviso would be consistent with the purpose of the debt review provisions of the NCA and avoid the unfortunate results of a literal interpretation. It would not jeopardise the workability of section 86(10) and it would fit in with the language of section 86 as a whole, in particular section 86(5)(b).”
a reasonable manner, as action taken in “good faith”. On the face of it, this judgement should be the end of all the termination troubles in the courts. Alas, this is not to be.
On Friday the 5th November 2010 the Western Cape High Court was once again grappling with section 86(10). This time it was a full bench hearing the summary judgment application. Argument presented by counsel Blignaut J arrives at this conclusion by made reference to all the cases I have touched suggesting that the legislature implied the upon in the last few editions of this magazine, criterion of “good faith” as it is informed by including the Blignaut judgment referred to the words “participate in good faith” set out above. Judgement has been reserved and I shall in section 86(5)(b). 86(5)(b) is the section of in due course be dealing with this judgment in the Act that compels the credit provider to detail. negotiate in good faith. It is however noteworthy that the National While Blignaut J does not go so far as to set out Credit Regulator intervened in this matter and in his judgments the guidelines of what would to a large extent agreed with the submissions constitute “good faith” he does say: made on behalf of the consumer. Consumers and debt Counsellors will be hoping that the “that in the absence of special circumstances three judges do too. I would not regard the termination of a debt review by the credit provider whilst the Brett Carnegie consumer is prosecuting it in good faith and in
INDUSTRY JOBS
CARE SALES CONSULTANT Debt Control Management (DCM) is a established company in the financial wellness industry of South– Africa. DCM has developed a comprehensive debt counseling Software system which assists debt counselors country wide in their everyday business. An exciting opportunity exists within the company for a results-driven, self-motivated and dynamic individual to become part of the DCM team in the Role of CARE MARKETING AGENT in the following regions: • KZN (Durban) • Western Cape (CT) • Gauteng (JHB)
marketing/sales sciences
Duties • The Marketing and selling of the CARE Premiere Software (Bringing in New Business) • Give demonstrations regarding the CARE Premier Software to all interested debt counselors • Give training on the CARE Premiere Software. • Provide support to all Debt counselors with regards to the CARE Premiere Software in the relevant area of operation.
To Apply please send CV’s to apply@debtcontrol.co.za with the subject: CARE MARKETING AGENT and REGION for which you are applying.
Qualifications and Experience • Grade 12 • Practical experience and knowledge of the debt counseling process and have worked in the debt counseling industry • Practical knowledge and experience with debt counseling software (CARE, CAST, Octogen, ext) • Practical experience or formal qualification in
Requirements • Own Transportation and code 8 drivers license • Results-driven • Good communication skills • Good interpersonal and relationship building skills. Remuneration • Negotiable with regards to experience • Basic Salary plus commission • Travel/Petrol and Cell phone allowance
Should you not receive any correspondence within 10 days after the closing date, your application can be considered as unsuccessful.
INDUSTRY JOBS
Query Administrator Purpose of the Job Deal with clients (Debt counsellors, creditors and clients) in and outbound queries in an efficient, professional and timely manner in accordance with the companies values and beliefs.
Qualifications • Senior Certificate • Customer Service/ Call Centre Qualification • Relevant Financial Qualification will be an advantage
Main Duties NOTE: The duties and sequence thereof is depended on the nature of the query being handled. Furthermore each query is linked to a specific service level agreement, which needs to be complied by at all times. Duties must be done with customer service in mind.
Experience • 1-2 years in a Queries/Call Centre environment • 1 year in the Financial industry will be an advantage
• Send payment reports to DC’s, Clients and credit provider • Handling of all inbound and outbound queries on email and telephonically. • Check client report on DCM Smart by making use of DC’s Password Spreadsheet. • Check on Exception list why a payment was not done • Activation of Creditors • Check if clients are making payments on BSS and Debit orders • Check status of clients on CARE (Approved, loaded, active, ext.) • Request allocation of payments • Send creditor statements to DC’s and Credit Providers as per request. • Trace payments not reflected on client’s report • Reporting to Management • Ad Hoc Duties
The NPDA was established in 2007 as one of the first Payment Distribution Agencies in South Africa. It is now the largest and most successful PDA in South Africa. Part of NPDA’s success is directly attributable to its team of talented and dedicated people. The NPDA culture has proven to be one of the key attractors of great people from a wide variety of backgrounds. The only qualities they share are belief in our company purpose of “Revolutionising debt management” and in our company values.
Standard Bank Debt Review
DC Alert! Target Audience: Debt Counsellors, The NDMA, The NCR, Attorneys 15 November 2010 ______________________________________________________________________
ID NUMBER FOR DOCUMENTS We are experiencing a considerably high and growing number of documents sent with no or incorrect ID numbers listed for the customer. This prohibits the smooth processing of documents by the relevant departments, and negatively impacts the turnaround times. In order for us to continue excellent service delivery to you, we urge you to please support us by submitting all communications with the customer’s correct ID number. In this manner, operational efficiency, quality of output, prioritization of matters and achievement of turn-around times will be greatly improved to the benefit of the customer and the Bank.
Let’s Work Together! Janet Hofman Manager, Debt Review
Issue: 13
COB / F17.1:DRApplications@standardbank.co.za; Proposals:DRProposals@standardbank.co.za Debt Review Legal:DRLegal@standardbank.co.za; Payments:DRPayments@standardbank.co.za All queries and Complaints: debtreviewservices@standardbank.co.za; Call Centre: 0861 111 402; Fax no: 011 981 8824; NCR Complaints: NCRDRComplaints@standardbank.co.za; NDMA Complaints: NDMADRComplaints@standardbank.co.za
INDUSTRY
CONSUMER
NEWS FLASH ABSA…go slow? It could be your fault. ABSA recently communicated with DC’s to say that they are experiencing extremely high volumes of queries and requests coming through incorrect email and personal email addresses. This has severely impacted there turnaround targets and operational excellence. They stated in their communiqué: “Our Debt Review Call Centre is the frontline to our business and ultimately the first entry point for your queries and requests. You are encouraged to make use of these channels to ensure that your query can be tracked as it will be logged onto our systems. Queries and requests that are logged enable us to conduct trend analysis that will indicate areas of our business that need more focus and improvement. When in contact with the Call Centre, please make certain that you are issued with a reference number. You will need the reference number to follow up on your query.” ABSA are also concerned that court notices are not always received on time. Rule 55 of the Magistrates’ Court Act requires that papers be served 10 days prior to the date of the hearing. They ask DC’s and attorneys to notify them as far in advance as possible.
SDC Membership fees announced You may be wondering what the SDC are going to charge for membership fees. Please find the Fees information from the SDC website below: http://www.sdc-sa.co.za/ A once-off registration fee of R200.00 is payable to the SDC Thereafter a monthly fee of R150.00 per member is due. Payment of membership fees to be effected to the following account: Account Name : Society for Debt Counsellors Bank : First National Bank Account Number : 622 821 63999 Branch Code : 261050 Kindly use your DC No. as reference.
SDC Revealed You may be wondering who the founding members of the new Society for Debt Counsellors are. We bring you the names of the SDC Founding Committee: President Adv. A. Abrahams Vice-president Mr. J. George Treasurer Ms. L. Smith Assistant-treasurer Ms. M. Strydom Secretary Ms. M. George Assistant-secretary Ms. Y. Vermaak Legal (Internal) Adv. E. Abrahams Legal (External) Adv. R. Govender
DCASA AGM & Conference The DCASA annual (GM) meeting was described by some as “an exciting event...almost 200 debt counsellors from across the country” attended. The slight sore point of the meeting was when the 46 ballot papers were issued to those members whose accounts with DCASA (in regard to fees) where in good standing. However that having been said those 46 ballot papers went to companies who reportedly represent over 100 000 (over 1/2) of the applications issued for debt review. It is difficult to verify this number exactly however it can certainly be said that all the “big boys” in the industry were there and took part in the voting process.
Credit Management Technology Conference held in Fourways, Johannesburg at the Indaba Hotel (17th and 18th of November) From risk assessment practices to credit control conference focused on the fact that the use of technology is inescapable . Some of the topics that were covered include the following: Introduction to credit management technology; Global trends in credit management and payments technology; Role of information technology in credit management; Importance of credit risk management software for banking institutions; Overview of decision-making software to negate credit risk across the credit life cycle; Advancing credit risk management through the application of credit bureau technology; Improving credit management through the use of loan management system; Features and benefits of choosing the right loan management solution; Using technology Did you forget? in loan origination to streamline and manage All Dc’s were meant to submit their Quarterly key functions; Technology and debt collection Reports to the NCR on the 15th of November introducing debt management systems 2010(3rd Quarter) All in all the conference was well received and highly informative.
SDC Looking for Branch representatives The SDC will be hosting road shows throughout the country in 2011 and introducing DC’s to there local branch representatives at present these posts are still being filled.
Service Directory Debt Counselling AA Debt Counselling Centre Anthea Johannes NCRDC531 Tel: +27 (0) 21 982 0522 Cell: +27 (0) 84 402 7032 Alan Watts NCRDC 962 NCR registered Debt Counsellor Tel: 084 4448439 Fax: 086 6501954 alan@active-debt-counselling.co.za www.active-debt-counselling.co.za Central SA Debt Counsellors 082 950 7806 Fax: 086 563 1621
Debt Counselling South Africa Cape Town Branch Tel: 021 919 66 94 Rod De Witt NCRDC831 Visit: www.debtcounsellingsa.co.za Debt Knowledge Debt Counselling 082 379 2337 Debtonators 041 585 0276 Fincorp debt Counsellors cc Cecilia Zwarts fincorpdc@yahoo.com Holistic Debt Counsellors info@holisticdc.co.za
Consumer Assist Andre Snyman Tel: 0861 628 628
Helpdesk Debt Counsellors Allan Hoffman Tel: 0861 000 754
Credit Matters 021 431 9100 info@creditmatters.co.za
Help-U-Debt (Vaal Triangle) Wanine Tel: 082 445 3967
Darran Manikam NCRDC704 debt@mailbox.co.za
Help-U-Debt (Potchefstroom) Madra 083 390 3275
Debtbusters 0861 663 328 (NO DEBT)
Help-U-Debt (Parys) Marilouise 082 920 6249
DebtSafe 0861 100 999 Durban Debt Counselling Services Suite 112, 1st floor Union Club Building 353 Smith Street Durban, 4001 Tel: 031 301-7893 Fax: 031 301-5809 phumla.ngema@telkomsa.net
Help-U-Debt (Vanderbijlpark) Herma 083 320 8303 MG Consulting For your Debt Counselling Service M.C. Cambouris NCRDC1403 Telephone: 021 919 4618 082 450 7459
082 782 0595 Fax: 086 622 0690 Bellville NDA Debt Counsellors Your Trusted Debt Counsellors Gary Williams (NCRDC 143) Tel: 034 315 3880 Fax: 086 612 4112 gary@ndad.co.za www.ndad.co.za Think Green Debt Counselling Sandi Pauw sandipauw@mweb.co.za Tel : 012 991 6638 Cell : 082 460 7800 Fax : 086 219 2615 Incentive Debt Counselling “Paving the way to a Debt Free Tommorrow” Darran Manikam NCRDC704 Tel: (031) 409 9379 Fax: (031) 409 1327 Cell: 0845898286 Branches: Phoenix and Shallcross Indigo debt counsellors CC Tel: 087 808 9734 Fax: 086 580 8675 indigodc@iburst.co.za Ramonti Debt Counselling Jacob Ramonti - NCR DC 932 Cell : 082 962 4537 Fax: 086 658 7627 Email:ditsamai@yahoo.co.uk Soweto Rihanyo Debt Counselling (012) 804 50 57
DRS BOND CHOICE P.E. Office: 041 393 7000 BORDER REGION: DRS EAST LONDON Office: 043 7212 656 DRS KING WILLIAMS TOWN Harry Light Cell: 082 573 5803 Office: 043 643 3024 Email: harry@drssa.co.za
DRS CENTRAL 041 586 2020 Email leon@lynxsa.com DRS DESPATCH Office: 041 933 1189 DRS HUMANSDORP Office: 042 291 0135 DRS KIRKWOOD EXPRESS Office: 087 8080 500
GAUTENG: DRS PRETORIA CENTRAL Ivan Mabuthu Cell: 082 266 6210 Office: 012 320 8304 Fax: 012 320 8388 drspretoriacentral@drssa.co.za DRS CENTURION EXPRESS Office: 012 653 0127 DRS HARTEBEESPOORT Office: 012 253 1231
DRS CRADOCK Herman Marais Cell: 082 378 3743 Fax 045 838 6572 Email cradock@drssa.co.za
DRS PORT ELIZABETH Office: 041 453 8961
DRS QUEENSTOWN Herman Marais Cell: 082 378 3743 Office: 045 838 9764 Email herman@drssa.co.za
DRS SOMMERSET EAST Luther De Bruyn Office: 042 243 1107
DRS MTHATHA Herman Marais Cell: 082 378 3743 Office: 047-5323356 Email herman@drssa.co.za
MANGAUNG Zune Coetzer Office: 051 436 4515 Email zune@drssa.co.za
DRS ZAMBESI EXPRESS Office: 012 7555 225
SOUTH FREESTATE Office: 053 591 0734
DRS MORNINGSIDE Ericah Mtshali Cell: 076 578 8660 Office: 031 301 5993 email ericah@drssa.co.za DRS DURBAN NORTH EXPRESS Office: 031 584 6305
EASTERN CAPE: DRS ALBANY Office: 041 365 5857 DRS ALGOA Craig Wheetman Cell: 083 299 0311 Office: 041 364 1888 Email david@drssa.co.za
DRS SIDWELL EXPRESS Office: 041 451 0474
FREESTATE:
GARDEN ROUTE: DRS GEORGE Office: 044 874 2820 Email francoisv@drssa.co.za
DRS LIMPOPO CENTRAL Office: 015 297 1387 DRS PRETORIA NOORD Office: 012 546 2187 DRS ROODEPOORT EXPRESS Office: 011 472 4171 DRS RUSTENBURG 083 740 4620
KWA ZULU NATAL:
DRS GREYVILLE Office: 031 309 8716 DRS KOKSTAD Office: 039 727 1430
DRS PHOENIX 082 374 7040 WESTERN CAPE: DRS BELLVILLE Office: 021 948 8523 / 4 DRS DIAMOND Office: 021 421 8563 DRS TYGERBERG Office: 021 945 4062 DRS WEST COAST Marius Coetzee Cell: 082 978 4407 Office: 022 713 3766 Email mariusc@drssa.co.za Debt DRS SALDANHA Office: 022 714 3939 DRS SOLUTIONS 084 586 5600
Support services U-Win Debt Counsellors Coreli Roos NCRDC509 Aliwal North, Burgersdorp, Bethulie, GariepDam, Smithfield, Springfontein Cell:079 626 66241 croos@global.co.za Staff Line Ndizani Executive Recruitment Cell no: 083 3028163 Direct Line: (011) 468 - 2150 E- Mail: saki@staffline.co.za
Blank Design For all design and marketing needs including websites, brochures, business cards etc. Steve Rosenberg steve@blankds.com 083 700 2020 www.blankds.com Designtimes South Africa’s creative resource www.designtimes.co.za
Financial ABSA Customer Debt Repair Line 0860 356 356 Credit Ombudsman 0861 662837 Experian 011 799-3400 debtcounsel@experian.co.za Eric Streso Financial Planner B Juris LL B CFP MBA Tel: 0833273358 Fax: 086 612 7912 Fair Debt 0829019788 or 012-3772558 ray@fairdebt.co.za PACFIN Financial Solutions Head Office Tel: +27 11 9757445 Fax: 0865368783 36 Van Riebeeck road Kempton Park 1619 pieter@pacfin.co.za
Monte Carlo Building No 8 Voortrekkerstreet Kempton Park 1619 Kempton Park Contact: Reyno Coetzee Tel: +27 11 3945363 Fax: 0866048002 Cell: +27 73 3690884 kemptonpark@pacfin.co.za Boksburg / Germiston Contact: Armand Posthumus Tel: +27 11 8921911 Fax: 0865620378 Nelspruit Contact: Ann Baker Tel: +27 13 7415559 Fax: 0880 1374 15559 Cell: +27 82 9024236 jeleroux@telkomsa.net Springs Contact: Wynand Mclachlan Tel: +27 11 8113728 Fax: +27 11 8113728 Cell: +27 83 2754014/5 wynmc@telkomsa.net Gooseberry Business Advisory Tel: 012 644 0589 Nedbank Debt Rehabilitation & Recoveries Services 0860 109 279 STD Bank Debt review Helpline Telephone: 0861 111 402 TransUnion 0861 482 482
Thinkmoney Financial comparison website Contact: Gareth Mountain Tel: 079 0996 798 www.thinkmoney.co.za WIZARD Vereeniging Making Mortgage Magic Wanine Smit Tel:+27 16 454 1132 Fax:+27 86 686 3678 Cell:+27 82 445 3967 www.wizard.za.com
Financial Planning Eric Streso Financial Planner B Juris LL B CFP MBA Tel: 0833273358 Fax: 086 612 7912
Legal Brett Carnegie Attorneys Tel: +27 (21) 4470332 Fax: +27 (21) 4470338 Mobile: +27 (0)82 320 6099 www.carnegielaw.co.za Physical Address: Suite 23(B) Unit 8 Waverley Business Park Mowbray 7700
LUCID Attorneys Tel: 011 880 1100 Fax: 011 880 1101 Email: info@lucidsa.com www.lucidliving.co.za/attorney Ludick Attorneys bev.ludickattorneys@gmail.com Prinsloo & Associates Attorneys and conveyancers Nanika Prinsloo Farm Bergamot, Paarl 7620 P O Box 6199, Paarl 7620 14 Laing Street, Barrydale 6750 Cell: 072-8558-106 Fax: 086-623-5986 nanika@vodamail.co.za www.empowerlaw.co.za RM Brown and Associates 601 Pier House, 13 -17 Heerengracht, Cape Town Docex 138 Cape Town t: 021 431 9127 f: 021 425 0875 e: lodea@rmbrown.co.za
Consumer- 0861 10 5665 Micro Lenders Credit Bureau 0861 28 7328 www.mlcb.co.za TransUnion 0861 886 466 www.transunion.co.za XDS 0860 937 000 www.xds.co.za
Other Association of Debt Recovery Agents: 011 781 3337 www.adraonline.co.za Banking Ombud 0860 800 900 www.obssa.co.za Credit Bureau Association 011 886 8519 www.cba.co.za
Credit Bureaus
Credit Providers Association 011 789 6825 www.cpa.org.za
Compuscan 0861 514 131 www.compuscan.co.za
Department of Trade and Industry 0861 843 384 www.thedti.gov.za
Computer Profile Bureau 0861 28 7328 www.c-p-b.co.za
Financial Advisory and Intermediary Services Ombud 012 470 9080 www.faisombud.co.za
Experian www.experian.co.za Business- 0861 63 60 70
Financial Services Board 012 428 8000
www.fsb.co.za Furniture Traders Association 011 789 6770 Legal Resources Centre 011 836 9831 www.lrc.org.za Long Term Insurance Ombud 021 657 5000 www.ombud.co.za Micro Finance South Africa 012 345 0809 www.mfsa.net Motor Industry Ombud 012 841 2945 www.miosa.co.za National Credit Regulator 0860 627 627 www.ncr.org.za Ombud for Short term Insurance 011 726 8900 www.osti.co.za Pension Funds Adjudicator 021 674 0209 www.pfa.org.za South African Fraud Prevention 0860 101 248 www.safps.org.za The Banking Association 011 370 3500 www.banking.org.za SA fraud protection service (free service) www.safps.org.za 0860 101 248
WORKSHOPS ON CONSUMER RIGHTS & INSOLVENCY Prinsloo & Associates are presenting their second workshop specifically designed for debt counsellors: Date: Wednesday 20 October 2010 Time: From 10h00 to 13h00 Venue: The Bellville Library (tea/coffee/juice and food will be provided) Cost: FREE OF CHARGE TOPICS: • The collection procedure process - your client’s rights at each step • Which sections of the Consumer Act are in effect and which not • Credit Bureaus - how long do listings stay and when/how removed • Contracts - cancellation clauses, breach clauses and other detail thereof • Insolvency - assets vs. no assets Please confirm your attendance: Nanika Prinsloo Email: nanika@vodamail.co.za Cell: 072-8558-106 NCR Process and Update You are invited to attend a workshop where the following topics will be up for discussion: Update on industry developments Relationships with stake holders Terminations, After Care and collecting your money There is no charge for this workshop which is for registered Debt Counsellors Only. Where: Old Oak Bowling Club Tygervalley RD Kenridge ext 3 Bellville, Cape Town
When: 29th November 2010 Time: 8:00 for 9:00 RSVP: By 26th November 2010 to jennyd@octogen.co.za First come first serve - seats are limited
If you want to subscribe, advertise or be listed in our directory please contact us! magazine@debtcounsellingsa.co.za Would you like your after care clients to recieve Debtfree each month? All you need to do is forward us their email address to magazine@debtcounsellingsa.co.za