Know your rights

The National Credit Act protects financial distress or over-indebted consumers through debt counseling. Debt Counselling is a new concept introduced by the NCA from 1 June 2007 and its Purpose was to provide consumers protection in terms of the NCA and the possibility of having their debts restructured ensuring that they can experience financial relief.  The debt restructuring / review process under a debt counselor should be concluded with either a Consent or Court order by a Magistrate Court or the National Credit Tribunal (NCT). A debt counselor must obtain a restructuring order within 60 business days since inception of the debt review process. After the expiry of a period of 60 business days a credit provider may withdraw from the debt review process if the consumer is in default in regard to the relevant credit agreement or debt counselor did not obtain the court / consent order within the time frame required. This implies that the credit provider can proceed with legal action after termination to enforce the rights in terms of the original relevant credit agreement.



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