October 2010 Debtfree DIGI

Page 1

Debtfree South Africa’s debt counselling magazine

October 2010 www.debtcounsellingsa.co.za


Editor

Contents 02

Editors notes

03

Silly Season

06

Book Review

08

Consumer Protection Act

12

Stop the Press

14

ABSA Debt Review Department

16

Debt Counselling Conference

18

News Flash

21

Service directory

They say it is an ancient curse that one live in interesting times. Well, it can be said that the Debt Counselling industry is facing interesting times at the moment. The recent annual National Debt Counselling Conference and Exhibition in Pretoria as well as the formation of a new representative body for Debt Counsellors were just two of the many interesting recent industry events. This month we report back on how ABSA’s Debt Review Department is doing. On a general note: The challenges facing the industry continue as the court process is still dragging its feet (it might be better to say that many Magistrates continue to do so) with matters in some areas been postponed for up to a year at a time. Nedbank continue their 86(10) tirade with increasing frequency and continue to show their opposition to the process in general. Opposition to court applications is on the rise as Credit Providers test their muscles at a court level many times simply using their extensive funds to “out afford” the consumer. On a positive note for the industry, with the help of the various PDA’s and at the urging of the NCR, many DC’s are now increasing the number of DC terminations where client’s are in default on payments. This is helping establish the credibility of the review process and the DC’s integrity with Credit Providers. Perhaps in the future the point could be reached where these are the only types of terminations issued. We hope you enjoy the read and wish you a Debtfree future.

Editor


CONSUMER

SILLY SEASON The holiday season is approaching and many consumers feel ready for a well deserved break. Traditionally the December/January period with its school and public holidays is a time of increased spending. This however presents a challenge for consumers who are counting pennies, especially for those consumers who are under debt review. The challenge is to control their spending so that they do not exceed their household budgets and then default on the restructured debt repayment plans. Short payments or missed payments to creditors while under debt review result in consumers losing the protection offered by the process and these

consumers will find their reviews terminated and themselves in hot water with creditors. Budgeting and self control are really the keys in avoiding payment issues. When a consumer sits with their Debt Counsellor, they receive advice on reducing their monthly budgetary costs. Later when proposals are made the amount for budget items is clearly set out and this will be confirmed in the Court application and Order that results. This is the Proposed or suggested figure that the Debt Counsellor feels will enable the client to cover their essential costs and maintain regular debt repayments. The budget will be tight with few (if any) luxuries, but at the same time the


budget will be manageable and sustainable. Debt counsellors will even make allowance for some savings against unforeseen events as it is often such things that place consumers under financial strain. The Debt Counsellor will work ‘once off’ and annual fees such as TV licenses and car licenses into their calculations. Things like a small saving each month towards school clothing and school book fees will also be calculated so that come January there should be funds available for these costs.

Do your kids turn the lights off when they leave a room? Do you? Are you turning you geyser off during the day? Are you walking to the shop rather than driving? When you are shopping are you doing it at the most affordable store in the area? Are you doing a monthly shop rather than weekly ones? Are you buying the “no name” brand options (if they are actually cheaper)?

Saving and spending less than your budget is tricky…but not impossible. Remember that there is always someone else or another family The challenge is to control out there that are probably spending half of their spending so that they do what you are on groceries. Someone out there is using half the ‘air-time’ you are each month. not exceed their household Come December and January, consumers needs and wants begin to clash. We want to budgets and then default buy gifts for all our family and friends but can on the restructured debt you actually afford to? If you are planning for extra spending in December or for those school repayment plans. clothes in January, then now is the time to However there is that saying about money in shave off a few extra rand here and there from the pocket…Many consumers who have had your budget expenses. Don’t leave it too late to enter debt review have had to do so due and then fool yourself into thinking that if you to poor budgeting and money management short pay your creditors they will understand. skills. Many had previously fallen into the You don’t want to be in the position where you habit of living beyond their means. Today lost your car because you gave your nephew most consumers due to the availability of a remote control car you could not afford as a credit have a ‘buy now pay later’ mentality. gift or something equally silly. This attitude needs to change when a person enters debt review or the consumer is doomed Beware the Silly Season. Plan ahead and you to failure. Consumers under review need to can still have fun... within your budget. see their budgeted amount which is available each month as a target they want to beat. If they have R2100 available for the family to spend on groceries and toiletries as well as household maintenance items then they need to try to spend R1900 and save the extra R200 for a future date. If a figure of R500 is available for electricity then the family need to work together to try make sure that they conserve electricity (as Eskom push their prices up). Is your family savings conscious?


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INDUSTRY

BOOK REVIEW Imagine you had the time to make a list of all the different references made about the NCA in various books and publications country wide; a list of the various published court judgements regarding debt review matters; a bibliography of resources available on the Act. Then imagine you broke those cases you found down into those that touched on Section 129 notices, Section 86(10)’s, Section 86(11)’s and so forth for easy reference. Imagine you then went even further and made short comments and took excerpts of those cases and that you added live links to where these cases could be downloaded. Imagine what a wealth of information that would be and how useful that would be when you were doing research into debt review matters. Well, you don’t have to imagine such a resource, it already exists and you can simply purchase it. It is called the Lexinfo InfoPack: National Credit Act 34 of 2005 and it is available from Lexinfo CC - Library and Legal Information Consultants. Debtfree DIGI has been reading and reviewing the e-book and can recommend it, without hesitation, to all those related to the industry, especially to DC’s and their legal representatives. Now it may not have the coolest or shortest name (though it is very descriptive) however this is an incredibly useful publication that is simply packed with information and will come in very handy for DC’s, advocates and attorneys especially as the industry is becoming more and more litigious. If it is time to “do your research” then this is where to start. The Lexinfo InfoPack: National Credit Act 34 of 2005 is available as an e-book which is provided in a PDF format and contains among other things: references to various resources available in regard to the NCA including internet resources, government

gazette notices and theses and case law. Many (though not all) of the cases and theses etc have links within the e-book so that one can immediately find and read (or download) online. It takes a little while to get used to the presentation of the information, as the descriptions and excerpts especially in the section dealing with case law are, of necessity, brief (for the sake of the size of the e-book). At first, when opening the InfoPack: NCA you may feel somewhat overwhelmed and wonder where to start but Debtfree found that as you begin to get familiar with the layout and design of the InfoPack: NCA the reader will soon begin to “find their way around”. Warning, this is not light reading for a Saturday afternoon down at the beach. This is a research tool (and a very helpful one at that). One excellent and very useful feature of the Lexinfo InfoPack: National Credit Act 34 of 2005 is that it has both an alphabetical list of cases and a chronological index to sections of the Act referring to relevant cases. So if you are searching for examples of cases dealing with Section 86(10) matters or Section 130 matters you can quickly find these specific matters. The e-book can be purchased from Lexinfo (email: books@lexinfo.co.za) for only R350.00 and it is updated quarterly. So think of the cost as R30 a month or even R1 a day and you really begin to see the value for money in having such a wealth of information at your finger tips. Debtfree DIGI found it a fascinating read and a valuable resource. Visit www.lexinfo.co.za for more information



INDUSTRY

UNDERSTANDING THE CONSUMER PROTECTION ACT Debtfree asked Adv. Randolph Samuel of Lucid Living to help Debt Counsellors get a better understanding of the new Consumer Protection Act (CPA) and how it will affect the debt counselling process and assist consumers. Here is the first in a series of article which will guide you and your business through the CPA: The Consumer Protection Act 68, 2008 (CPA) has ramifications for every business dealing with consumers, and debt counsellors are no exception. The CPA applies to every “transaction” for the “supply” of “services” offered by a “supplier” to a “consumer” occurring within South Africa. Under the CPA: • A Debt Counsellor (DC) is a “supplier” and/or “service provider”; • The DC “supplies” a “service” to a “consumer”; and • The nature of the arrangement between the two is an “agreement” and/or “transaction”. Whether you realised it prior to this or not, your business will have to comply with the CPA. The early effective date of the CPA was 29 April 2009, at which point a limited number of provisions took effect. The remaining provisions were to take effect on 24 October 2010. However on the 23rd of September 2010,

the Minister of Trade and Industry deferred the implementation date to 31 March 2011. This reprieve should give you adequate time to assess the implications of the CPA on your business and ensure it complies. Through this series of articles on the CPA, we will examine relevant compliance requirements for Debt Counsellors and provide you with practical advice on how to meet these. The CPA regulates the relationship between the supplier and the consumer through the entire value chain – from product design to aftersales service. In light of this, a useful approach to determining your business’ compliance requirements is to assess your business processes from client acquisition (FORM 16) to Clearance Certificate (FORM 19). Prior to concluding a transaction (FORM 16) with a prospective client, you will first have to market to them. In today’s electronic information age, many of you will probably resort to direct marketing activities to promote your service. Therefore as a departure point in this series we look at section 11, 16 and 32 of the CPA, which are all related and canvass the aspect of “direct marketing”. In terms of the CPA, if you approach a consumer in person or by mail or “electronic communication” (which is defined to include


telephone, fax, sms and email) for the purpose of promoting or offering to supply your services you are engaging in “direct marketing”. Under section 32, if you conclude a transaction or agreement with a consumer as a result of “direct marketing” you must inform the consumer of their right to rescind that agreement, as set out in section 16. [It is anticipated that the Regulations to the Act, will prescribe the manner and form of the aforementioned notice]. In the interim, we recommend that this notice be incorporated into your FORM 16. In terms of section 16, a consumer may rescind a transaction resulting from “direct marketing” without reason or penalty, by notice to the supplier in writing, within 5 (five) business days after the date on which the transaction or agreement was concluded. The supplier must return any payment received from the consumer in terms of the transaction within 15 (fifteen) business days after receiving the notice. Under the current debt review process, after accepting an application for debt review – the DC must, within 5 (five) business days: • Deliver FORM 17.1 to all relevant credit providers and all registered credit bureau; and • Notify the National Credit Regulator (NCR) of the application. Notwithstanding the Counsellor having performed the service (albeit in-part only) and incurred costs in doing so, if the applicant elects to rescind the agreement in terms of section 16 of the CPA, the DC is obliged to do so and refund all fees in full. The National Credit Act does not contemplate a voluntary termination or withdrawal from the debt review process by the applicant. It is therefore unclear what the obligation of the DC

is, in these circumstances. Presumably, the debt counsellor must notify the credit providers, credit bureau and NCR of the termination/ withdrawal – incurring additional costs. There is no doubt that this scenario has the potential for creating an inequitable position for the DC that could result in financial loss. (LUCID will raise this issue with the NCR to get their view and report back to Debtfree DIGI in due course.) In terms of section 11, if a DC conducts “direct marketing” you must: • Implement procedures to accept a demand from a consumer, who was the recipient of your direct marketing communication, to desist from initiating any further communication to that consumer; and • Implement procedures to avoid further delivery of direct marketing communication to a person who has demanded that you desist and avoid delivery of direct marketing communication to a person who has registered a pre-emptive block to receiving direct marketing communication on a recognised registry, for that purpose. In practise, section 11 will require you to: • create and maintain a database of persons who have opted-out of receiving direct marketing communications from you; and • Check all marketing lists against the recognised registry (above) for pre-emptive blocks on direct marketing communication, prior to initiating any campaign. In the next issue we will address the relevant provisions of the CPA, that impact on your contractual terms with clients. This will allow you to assess whether your current contractual terms are appropriate and lawful or whether they need to be amended.


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INDUSTRY

STOP THE PRESS Section 129 notices clarified

The Supreme Court of Appeal judgment, ROUSSOUW AND ANOTHER v FIRST RAND BANK LTD T/A FNB HOMELOANS (640/2009)[2010]ZASCA130 settles the issue of what constitutes proper delivery of a notice under section 129(1) of the NCA. In a nutshell, what the case has decided is that a notice under this section has been properly delivered if it has been despatched by registered mail. Previously, in cases such as FIRST RAND BANK LIMITED V DHLAMINI (50146/09) [2010] ZAGPPHC 25 it was held that notice would be properly effected once the notice actually came to the attention of the consumer. The court has given one proviso, namely that this only applies in the event of the Consumer having nominated a domiciluim citandi et executandi address (an address for service of legal notices) in the credit agreement. Banks usually insist on such an address being place in the bond agreement so it would be expected that service by registered mail will in future continue to be the standard form of service. Credit Providers in normal loan agreements (overdrafts, credit cards etc) and incidental credit agreements are not always so accurate and this may offer an opportunity to the consumer to avoid summary judgment. A further opportunity presented by the


judgment to oppose summary judgment is that the court found that the sheet which goes to prove that the letter was sent by registered mail should have been attached to the summons. Maya JA also states that the sheet must be accurately completed:

out earlier, sections 129(1)(b)(i) and 130(1)(b) make this a peremptory prerequisite for commencing legal proceedings under a credit agreement and a critical cog of a plaintiff’s cause of action. Failure to comply must, of necessity, preclude a plaintiff from enforcing its claim; this despite the fact that “[36] On its face, it lists the names and address in this matter it was not disputed that the of the appellants among the addressees to appellants were in arrears and thus breached which registered letters are to be sent. But, it their contractual obligations…..” further requires confirmation of the number of letters to be posted, the signature of the client This judgment can be used to oppose summary sending the letter or letters, the signature of judgment applications which are being the ‘accepting officer’, presumably the post brought in the High Court. At this stage, with office official processing the transaction, and the onslaught of litigation by the banks, any the date of the transaction. None of these assistance is welcome. entries were made. These omissions, which the bank did not explain, materially affect Brett Carnegie the document’s reliability. As it stands, it does not confirm that a registered letter was actually sent to the appellants. Even if it did, without the date it is not possible to link it to the sending of the relevant notice particularly in view of the fact that an earlier one was previously sent in 2008. [37] In the circumstances, the bank did not prove that it delivered the notice. As pointed


INDUSTRY

ABSA Debt Review Department At the end of July this year, Consumer Friend’s mandate to handle ABSA debt review matters ended. For over a year (since 2009) Consumer Friend had been handling the bulk of ABSA’s debt review matters and had done so in a highly professional and effective manner. Most DC’s found it a pleasure dealing with Consumer Friend in regard to ABSA accounts and only occasionally received strange requests to “proceed according to the NDMA Rules (the National Debt Mediation Association represent the Banking Association of South Africa and have their own guidelines for calculating distribution of funds through debt mediation as opposed to debt counselling). Turnaround times were brisk and consents were common. Added to this unwarranted 86(10) terminations were few and far between. When ABSA announced this year that they would now be taking over total control of their debt review matters “in-house”, many were interested to see how the change would affect matters. ABSA promised that although the contact numbers and email addresses would change, very little else would. They assured DC’s that it would be “business as usual”. One debt counselling firm in the Eastern Cape with a large client base expressed their view that ABSA has lived up to this promise. They stated that in their experience ABSA had been in contact with them regularly and that turnaround times were still within the targeted period. They were very happy with

the change. Another Debt Counselling firm in the Western Cape expressed the opposite view stating that dealing with the ABSA call centre, in particular, was frustrating in cases where proposals needed to be discussed. They expressed the view that the call centre when contacted simply insists that queries be sent via email and that responses will be forthcoming. This is not, of course, unreasonable however; in the DC’s experience ABSA’s response times are extremely slow. They pointed to one of several cases where after a month, no CoB had been received. When contacted, the Call Centre assured them that they would enquire about the matter. It then reportedly took another month before the CoB was furnished by which time the matter had already been set down in court. There also seems to have been an upturn in the amount of termination letters been issued by ABSA. During ABSA’s briefing to DCASA earlier this year, mention was made that they would exercise a cautious policy regarding termination and would take measures to contact DC’s well in advance regarding terminations. This does not seem to have been implemented as yet. Obviously ABSA would not issue a termination where they did not feel it was warranted however, it does not seem as if ABSA have managed to put this “early warning system” in place.


Debtfree DIGI spoke to one DC who had approached ABSA with a “full and final settlement” offer in regard to a vehicle account. He expressed his dismay at the incredibly long time it had taken to get a response to his proposal. He had, to date, been waiting for over two weeks for a response to his proposal and had not been successful in his dealings with the call centre. He noted that though he had tried repeatedly to try talk to a “manager” or someone with authority to discuss the proposal, none was available. The DC mentioned that when doing follow up phone calls many of his calls (according to other operators at the call centre) had not even been logged on the system.

So it seems that there is a bit of a mixed response among Debt Counsellors regarding the new ABSA Debt Review Department. No doubt over time, things will smooth themselves out as ABSA finds their stride. We wish them all the best.


INDUSTRY

NATIONAL DEBT COUNSELLING CONFERENCE The second annual National Debt Counselling Conference and exhibition was held on the 5th of October 2010 in Pretoria at the Saint Georges Hotel and Convention Centre. Representatives from the NCR as well as the NCR Task Team and other major industry players such as the DTI, Various Credit Providers, BASA, PDASA and DCASA attended and made presentations. Some attendees mentioned that the conference felt much like the NCR Task Team road show in content as the Task Team findings were again discussed. The new proposed Banking Association (BCSA) “rule set” was also discussed. After a short presentation, DCASA came under fire from members of the audience (presumably non DCASA members) who criticised the association of not being a truly representative body. The accusation was that too few Debt Counsellors belonged to the body (at present less than 20% of DC’s country wide belong to DCASA) to fill the roll envisioned in the NCR Task Team recommendations. Mr Davel sprang to DCASA’s defence saying that if that was the feeling of “so many DC’s” then they should form another representative body at once and make an appearance. The recent appearance of the Society for Debt

Counsellors (SDC) may be the answer to this challenge. [ED- See the News section for more details} PDSA were only asked four questions and did not find itself in the firing line. However many DC’s could be heard expressing their dissatisfaction with the “Care” system. At present there are many challenges facing the PDA’s in regard to their computer systems and some Credit Providers such as Nedbank use any discrepancy as an excuse to terminate the debt review process. This then results in additional court costs later down the line. The questions directed at the Credit Providers (CP’s) where all quite aggressive and mostly centred on individual cases (most involving terminations) rather than industry standards. One complaint related to the clients debt counselling status not showing on client statements from CP’s and the problem that the clients statements still show “old” predebt review agreement interest rates. It seems at present that only ABSA’s system can allow for rate changes in this way. The Banking Association has stated that its members are trying to implement changes here to assist clients. Many clients under Debt review find it very worrisome that their statements do not correspond with the balance calculations


provided by their PDA’s. After only about ten relationships. Debtfree DIGI looks forward to questions the Credit Provider Q&A ended with the 2011 National Debt Counselling conference many questions still unasked. next year. It seemed that about 2/3rds of the attendees left after the delicious lunch and so things were rather subdued as the conference drew to a close in the afternoon. As usual for such gatherings there was a mix of aggression and disappointment expressed by Debt Counsellors toward the various bodies involved. At the same time the conference did provide good opportunities for the various industry roll players to meet and establish personal


INDUSTRY

CONSUMER

NEWS FLASH New Debt Counsellor Representative body 28 October 2010 will see the official launch of a new representative body for Debt Counsellors in South Africa. The new Society for Debt Counsellors or SDC (as they no doubt will come to be known) will then be the second such association for Debt Counsellors in SA. To date the only such association had been the Debt Counsellors Association of South Africa (DCASA) which has approximately 300 members country wide. Currently the NCR state that there are over 1800 people who have done DC training, though not all who have the qualification are currently practicing in the industry. It is estimated that there are currently just short of 1000 practicing DC’s country wide. This means that approximately 700 practicing DC’s do not currently belong to an association. It is rumoured that with the recent recommendations of the NCR task Team on Debt Counselling it may soon become mandatory for DC’s to belong to an association. The new Society for Debt Counsellors is still in its formative stages but has its core structure already in place. An experienced steering committee has been formed consisting of experienced and enthusiastic members. Initially the SDC had considered only operating on a regional basis in the Eastern Cape however by June this year it became evident that there was a further need country wide and so the SDC will now be operating throughout every province. The SDC recently sent out an email to various DC’s countrywide which stated in part:

ATTENTION: ALL DEBT COUNSELLORS We are proud to announce that we have founded the SOCIETY FOR DEBT COUNSELLORS (SDC). The SDC is a professional body of experts that aim to empower debt counsellors in South Africa. We strive to assist DC’s in their complex work environments, and play an instrumental role in taking Debt Counselling matters forward. A founding committee of debt counsellors has been established to oversee the process. The establishment of the Society is due to the demand of a number of DC’s who have identified that issues of major importance, pertaining to Debt Counselling and the role of debt counsellors, are not being addressed, e.g. DC fees have not been increased since 2008 … The SDC will provide a platform for these issues to be raised AND acted upon. At present, each DC stands alone and faces challenges and issues which are common to all... It is time for us to stand together and fight together to get the answers we need! We need to have a body that speaks for us. The objective of the SDC is to give DC’s in South Africa a voice that must be heard and acted upon. If you are interested in joining the Society for Debt Counsellors we would like to hear from you. Yours sincerely, Society for Debt Counsellors Email: society@sdc-sa.co.za Fax: 086 617 1453


According to the SDC the response to the prelaunch email campaign has been overwhelming and offers of support have streamed in from all parts of the country. The Society’s constitution and code of conduct for members will be expanded upon at the official launch in Port Elizabeth on 28 October 2010 and will shortly be available on their website (which will go live sometime after the launch). At present there is no indication as to what membership fees will be however, SDC have stated that they will be operating on the basis of “not for profit” and the membership fees will reflect this. SDC state that they intend to focus much of their energy on educating the public as well as SDC members. They will try to assist new DC’s, in particular, in overcoming some of the intricacies of the industry and try to help them build their businesses. They intend to get all members to work together to overcome challenges and to regularly exchange ideas and advice. No doubt many will benefit from this new representative body for Debt Counsellors. Debtfree will continue to follow and report on their growth and activity. If you would like to contact the SDC then please email: society@sdc-sa.co.za Potential Rate cut looming? According to some financial experts the performance of the Rand (which has been strengthening against foreign currencies) and the resultant pressure this has placed on local

exporters are just two of the many reasons why there may be a rate cut on the charts. Speculation as to whether this could be a .50 base points or full 1% cut are rampant. While there has, as yet, been no comment from the Reserve Bank (who have been buying up foreign currency left, right and centre in an effort to offset the strengthening Rand) there is a definite possibility that such a cut might materialise. This will push the Repo Rate to as low a level as many have seen in their lifetime and will potentially mean further relief for struggling consumers.


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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 Consumer Assist Andre Snyman Tel: 0861 628 628 Darran Manikam NCRDC704 debt@mailbox.co.za Debtbusters 0861 663 328 (NO DEBT) 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 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

Gary Williams (NCRDC 143) Tel: 034 315 3880 Fax: 086 612 4112 gary@ndad.co.za www.ndad.co.za

Debtonators 041 585 0276

Think Green Debt Counselling Sandi Pauw sandipauw@mweb.co.za Tel : 012 991 6638 Cell : 082 460 7800 Fax : 086 219 2615

Fincorp debt Counsellors cc Cecilia Zwarts fincorpdc@yahoo.com 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 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

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 U-Win Debt Counsellors Coreli Roos NCRDC509 Aliwal North, Burgersdorp, Bethulie, GariepDam, Smithfield, Springfontein Cell:079 626 66241


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BORDER REGION: DRS BEACON BAY Office: 043 748 5644 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 MTHATHA Office: 047-5323356 DRS QUEENSTOWN Office: 045 838 9764 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 BOND CHOICE P.E. Office: 041 393 7000 DRS CENTRAL 041 586 2020 Email leon@lynxsa.com DRS DESPATCH Office: 041 933 1189

DRS HUMANSDORP Office: 042 291 0135

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DRS SIDWELL EXPRESS Office: 041 451 0474

KWA ZULU NATAL:

DRS SOMMERSET EAST Luther De Bruyn Office: 042 243 1107 FREESTATE: MANGAUNG Zune Coetzer Office: 051 436 4515 Email zune@drssa.co.za SOUTH FREESTATE Office: 053 591 0734 GARDEN ROUTE: DRS GEORGE Office: 044 874 2820 Email francoisv@drssa.co.za GAUTENG: DRS CENTURION EXPRESS Office: 012 653 0127

DRS DURBAN NORTH EXPRESS Office: 031 584 6305 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 HARTEBEESPOORT Office: 012 253 1231

DRS WEST COAST Marius Coetzee Cell: 082 978 4407 Office: 022 713 3766 Email mariusc@drssa.co.za

DRS LIMPOPO CENTRAL Office: 015 297 1387

Debt DRS SALDANHA Office: 022 714 3939

DRS PRETORIA NOORD Office: 012 546 2187

DRS SOLUTIONS 084 586 5600


Support services 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

www.c-p-b.co.za

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

Experian www.experian.co.za Business- 0861 63 60 70 Consumer- 0861 10 5665 Micro Lenders Credit Bureau 0861 28 7328 www.mlcb.co.za

LUCID Attorneys Tel: 011 880 1100 Fax: 011 880 1101 Email: info@lucidsa.com Website: www.lucidliving.co.za

XDS 0860 937 000 www.xds.co.za

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

TransUnion 0861 886 466 www.transunion.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

Financial Advisory and Intermediary Services Ombud

012 470 9080 www.faisombud.co.za 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

EVENT The Credit Management Technology Conference in November (Jhb) The Credit Management Technology Conference will be held on the 17th and 18th of November 2010, at the Indaba Hotel, Fourways, Johannesburg. From risk assessment practices to credit control, scoring and collections and loan and debt management, the use of technology is inescapable when it comes to credit management and more specifically credit risk. Some of the topics that will be 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 decisionmaking 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 in loan origination to streamline and manage key functions; Technology and debt collection introducing debt management systems Should you have any questions with regards to the conference, please feel free to contact TCI at Tel: 011 803-0009 or E-mail at info@tci-sa.co. za

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

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



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