debtfree digi november 2013
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SA's Free Debt Counselling and Debt Review industry magazine. News, competitions, latest case law and consumer savings tips.TRANSCRIPT
www.debtfreedigi.co.za
South Africa’s debt counselling magazine
November 2013
Gerhard Dyzel [email protected] 828 7595 044 873 4532 (ext 126)
Yolandi [email protected] 338 2680012 348 7624
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DEBT COUNSELLING EXPLAINED
Debt Review is a solution for 2 distinct types of financial distress. The most severe is the consumer who is in a downward spiral where debt obligations can no longer be met and not knowing where the next meal will come from. The other situation is the more common situation where the consumer is managing month to month but is caught up in the credit trap where they are reliant on credit cards and other revolving loans to make ends meet. In the first instance, debt review can arrest that downward spiral and help the consumer back onto his/her feet. In the second instance, debt review becomes a vehicle for the consumer to break the cycle of credit dependence.
Your DC will expect a high level of commitment from you. When you do apply, make sure you participate in the budget process as this establishes how much you can afford. It is important to find a balance between how much you realistically need to live on and how much you make available to pay your debt obligations. Ask questions. Make sure you are happy with the Debt Counsellor you choose. Remember a debt counsellor is not your agent or advocate but performs a statutory duty that must consider both your interests as well as those of affected credit providers.
The true benefit of debt review is being able
to break one’s dependence on credit. Credit in itself is not necessarily a bad thing – it is when we use credit as a means to survive on a day to day basis that we should be concerned. As a practical example of the benefits of debt review, we have a matter recently finalised which illustrates the benefits of debt review:The consumer is divorced with a decent income. She had accumulated a total of R260,000 in debt which required her to pay R12,260 per month. Her net income is R14,865 per month, leaving her with just R2,605 per month for her living expenses. We were able to reduce her debt repayments to R4,850 over 60 months. In addition, even though she is paying a drastically reduced monthly instalment, her total interest will amount to R16,000 instead of R101,000 that she would have to had paid if she had not applied for debt review.
Debtfree DIGI asked Debt Counsellor Alan Manshon of The Money Clinic to help explain the debt review or debt counselling process.
Phone: 021 782 4351 / e-mail: [email protected] / www.moneyclinic.co.za
This year has flown by. We now find ourselves poised for the most expensive time of the year: December. We urge all our readers to exercise restraint this year. Remember the decisions you make now will effect your family come January and Feb. Traditionally less people look for help in December. Some would rather spend now and worry in 2014 (typical ‘head in the sand’ behaviour) and others are hoping for a bonus (in this economy) to see them through. Sadly February is traditionally the busiest month of the year for DCs as all the December spending comes home to roost. So plan ahead, spend less, spend wisely and don’t forget all the extra costs that January brings.
There is a lot on the go in the world of debt review right now. Check out all our news stories if you don’t believe me. There are also some new issues that have arisen due to a court case involving a Debt Counsellor and MFC which you can read about in this issue. Even if you already have a court order restructuring your debt it might be good to read through that to see what mistake the consumer made which made things very tricky. We also look at what
the Debt Counsellors associations have been up to as they hold their big annual meetings and interview a Debt Counsellor who also has his own radio show.
Our Living on Less section has some great ideas on how to satisfy your inner shopper and how to cut down on your medical bills. Not only that but we have a fun prize (for a group of readers) for those down south. Be sure to check that out... dude!
We wish to thank all those who have helped make our recent print Special Edition a great success and if you have not received it yet it is probably heading your way now.
Don’t stick your head in the sand - stay up to date with what’s going on please and don’t get caught up in the December madness. Stay calm and get debt free.
EDITOR’S NOTE
C O N T E N T S
News
LIVING ON LESSClothes Swop
Dealing with MFC v Joubert
Debt CounsellorAlan Manshon
COMPETITION
Directors: LL Dippenaar (Chairman), SE Nxasana (CEO), VW Bartlett, JJH Bester, JP Burger, L Crouse, PM Goss, NN Gwagwa, PK Harris, WR Jardine, EG Matenge-Sebesho, AT Nzimande, D Premnarayan (Indian), KB Schoeman, RK Store, BJ van der Ross, JH van Greuning, MH Visser. Company Secretary: BW Unser. First National Bank – a division of FirstRand Bank Limited. An Authorised Financial Services and Credit Provider (NCRCP20). Reg. No. 1929/001225/06.
Directors: LL Dippenaar (Chairman), SE Nxasana (CEO), VW Bartlett, JJH Bester, JP Burger, L Crouse, PM Goss, NN Gwagwa, PK Harris, WR Jardine, EG Matenge-Sebesho, AT Nzimande, D Premnarayan (Indian), KB Schoeman, RK Store, BJ van der Ross, JH van Greuning, MH Visser. Company Secretary: BW Unser. First National Bank – a division of FirstRand Bank Limited. An Authorised Financial Services and Credit Provider (NCRCP20). Reg. No. 1929/001225/06.
INDUSTRY CONSUMER
NEWS FLASHFor daily debt counselling news in 3 minutes or less visit www.debtfreedigi.co.za
NCR Swoop on Creditors granting Reckless Credit
The National Credit Regulator and the SAPS have been busy again raiding the premises of various credit providers this month looking for instances of reckless credit granting. The Raids are the latest in the NCR’s ongoing “Blitskrieg” to root out bad credit providers who are taking advantage of consumers and acting illegally.
So far the project has seen 76 people arrested and of them 64 criminal cases opened. The operation has also seen the NCR find over 4500 bank cards and more than 6500 pension cards which were illegally being kept by unscrupulous credit providers.
The November raids took place in Mpumalanga (in Nelspruit, Middleberg, Witbank and Barberton) and resulted in ten arrests. Around 37 different credit providers were investigated. While many came up clean or with only minor things that needed attention ten people were arrested for illegal activities such as taking consumers ID books, Pension cards and bank cards as surety. The raids also focused on the issue of Reckless Credit. This is when consumers are granted (reckless) credit which creditors know they cannot afford to repay while still feeding their families and paying for essential expenses. Reckless credit causes consumers to be pushed beyond the point where they
have enough money for necessities. “The exploitation of vulnerable and unsuspecting consumers by credit providers will not be tolerated,” said NCR CEO Nomsa Motshegare. Those creditors who were arrested were found to illegally be in possession of more than 850 ID books, over 900 bank cards, six consumers passports, two driver’s licences, and 44 cellphones. These creditors were hanging onto these illegally as a form of surety. If a creditor asks you for any of these items you should refuse and report them to the NCR swiftly so they can investigate.
The National Credit Amendment Bill :another chance to comment
The DTI recently submitted the National Credit Amendment Bill based on submissions that had been made in regard to their Draft Amendment Bill earlier this year. The Bill proposes changes to the National Credit Act. Now the real deal is up for public comment. If you feel that the suggestions you made were not previously heard or that the changes to a section (like Section 86(10) ) do not meet the needs of the public then you have another chance to have your say. André R Hermans the Committee Secretary for the PC on Trade and Industry has issued a notice to the public and shareholders which says in part:
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Bitech is recognised as the leading Debt Counsellor software system supplier.
Simplicity is rich in functionality and caters for all Debt Counsellor requirements e�ortlessly.
Simplicity is leading edge technology and Bitech stay at the forefront of development - we continue to lead the way!
The Simplicity system is fully integrated with Hyphen PDA, which provides you, the Debt Counsellor, with an uninterrupted and e�cient service with no manual intervention and in total control.
Some features of the Simplicity system are completely unique unique, amongst others is the ability to create customised legal documentation instantaneously.
Bitech prides itself on its after sales service and the support it provides to Debt Counsellors - this is as important as the excellence of the Simplicity product!
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Hyphen Technology (Pty) Limited is a member of the FirstRand Group
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The reports generated are everything a Debt Counsellor will need to manage the business - reporting is immediate, current and always available.
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NEWS CONT.
The National Credit Amendment Bill [B 47-2013] has been introduced and referred to the Portfolio Committee on Trade and Industry for consideration. Interested individual and groups wishing to comment are requested to forward written submissions to the Committee by no later than Friday, 29 November 2013. Public hearings have been scheduled for 28, 29 and 30 January 2014. Submissions should be forwarded to the following email addresses: [email protected]; [email protected]; [email protected]
You can download the National Credit Amendment Bill here:http://debtfreedigi.co.za/wp-content/uploads/2013/10/National-Credit-Amendment-Bill-2013.pdf
Government Ministers have to hand in their credit cards
Recently it was announced by Finance Minister Pravin Gordhan that in an effort to cut back on government spending government officials would be losing their government credit cards. The process of recalling these cards has now begun. President Zuma made announcements about it this month in the National Assembly. Minister Pravin Gordhan said in his mini budget: ”No new credit cards to be issued, and existing ones to be cancelled immediately,” It seems even the government sees the benefit of holding back from using credit cards without proper planning and budgeting. There have also been allegations of abuse of these cards. This will now seemingly come to an end as these cards are recalled and cancelled. The President announced: ”Ministers have already been informed formally of this decision,
and other spheres of government are being formally notified as well,”. So it’s Snip, Snip, no more government Credit Cards.
Credit Provider Deregistered by NCT
The National Credit Tribunal have cancelled the registration of Rufus Financial Consultants. Last year the National Credit Regulator and police swept through the community of Marikana swooping down on credit providers who were operating illegally. The NCR found that Rufus Financial Consultants were doing several illegal things and referred the matter to the National Credit tribunal. Of primary concern was the granting of credit to consumers who were already over indebted (they could not afford to make the repayments). This practice is called “reckless credit“. Rufus Financial Consultants were guilty of charging too much interest on loans and had even illegally taken consumers ID books and Bank Cards. The good news for clients of Rufus Financial Consultants is that they will now be repaid the interest charges they were illegally overcharged.
NCR want Credit Life Insurance premiums capped
When a consumer takes credit a creditor will offer them a type of insurance called credit life insurance. This insurance will settle the debt if the consumer dies. This protects both the consumers estate and the creditor. There is however, no limit on the rate that the creditor can charge for such insurance. In most cases the creditors “in house” insurance is much higher
than that offered by other organisations. Since the inception of the National Credit Act credit providers have had to mention to consumers that they can organise their own insurance on their credit. This is something hardly anyone ever does. The NCR and FSB have been investigating the very high premiums and low claim rates on such policies. The NCR now want to try get creditors to limit their rates to less than R4 per every R1000 they give out on credit. At present there is however no authority for the NCR to do so. This may change in the future however if the NCR are granted additional powers under the Credit Amendment Bill later this year.
Did You Know?If you lose your job many Credit Life insurance policies also have a provision to pay your monthly instalments for several months (not always). If this happens to you, ask your bank for more info (in writing) straight away maybe your credit insurance covers payments for a while.
30% Limit on Emolument Attachment Orders?
The National Credit Regulator want to limit the amount of money that can be taken from a consumers salary in the form of an EAO or Emolument Attachment Order (often incorrectly called a garnishee order). It seems that they would like to limit the amount that can be taken from a consumers salary to 30%. At the moment there are no laws in SA that prevent EAOs adding up to even 100% of a consumer’s income. In the wake of the events at Marikana where many Miners who were
earning high salaries were still borrowing extra funds to make ends meet due to not having any ‘take home’ pay this issue has been closely scrutinised. The NCR feel that this limit might be one solution in reducing abuse. Earlier this year there was talk of doing away with EAOs but this is unrealistic and could possibly so destabilise the banks that this has had to be rethought. The NCR are also championing that EAOs only last for 5 years and afterwards they need to hand the debt over to other collection solutions. The NCR are consulting with creditors in this regard and are hoping to publish guidelines in the near future.
Was the Kempton Park Chief Magistrate gambling during office hours?
In June this year Chief Magistrate Judy van Schalkwyk of the Kempton Park Magistrate’s Court received notice that she was facing temporary suspension. This was ratified this week (Tuesday). The suspension came in the wake of a lot of attention that has been given to the Kempton Park courts regarding Garnishee Order fraud. Now claims have been made that suspended Chief Magistrate Judy van Schalkwyk ordered here staff to take her to gambling establishments during office hours. These claims will now be investigated along with a large number of other allegations against suspended Chief Magistrate Judy van Schalkwyk. Presumably she will get good legal representation and not gamble on her future, though the odds now seem stacked against her.
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FNB Roadshow
First National Bank’s Debt Review Centre will be hosting a series of meetings across the country and have invited Debt Counsellors to come and discuss not only how far things have progressed within the industry during 2013 but also what lies ahead for 2014. The meetings will be hosted by Lynne Loizakos. The events will be held in Cape Town (27 Nov) , Durban (28 Nov), JHB (26 Nov) as well as P.E (22 Nov). To RSVP contact Mpho Lekala [email protected] or Jeanette Botha [email protected]. http://twitter.com/Debtfree_DIGI
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Dealing with MFC v JoubertRecently MFC decided to try to try get a consumers debt review court order over turned so that they could sell his 9 year old car on auction. The matter was heard in the North Gauteng High Court in Pretoria. The end result was that the High Court referred the matter back to the Magistrates Court which first heard the matter to consider what to do with the vehicle account once again. Sounds pretty boring right? So…Why should you care?
Pay Up!1) In this case the High Court ordered the Debt Counsellor to pay MFC’s legal fees (in the High Court) which are no doubt very expensive and will have a detrimental effect on the Debt Counsellors cash flow in his business.
NCR Task Team & Industry Standards2) The High Court also made reference to the proposals of the 2010 NCR Debt Review Task Team as “industry standards” in particular in regard to the amount of time debts should be repaid in. Obviously the National Credit Act does not talk about any such limits, so the fact that the High Court judges see these standards as very important means that some courts are beginning to almost see these proposals as “rules” rather than ideals that credit providers would like to see. The Pretoria Courts have been hard hit by this view in the last few weeks. One Magistrate in that area is supposedly now saying that this case shows that consumers should not be allowed to own or keep cars or
INDUSTRY CONSUMER
homes (it is unclear why though) when under debt review.
Industry Standards?It is however important to note that while many credit providers have signed that they agree with these proposals and view them as standards not many Debt Counsellors at all have done so and neither have consumers.
A recent attempt to have these proposed repayment terms included in a code or conduct for Debt Counsellors ended poorly and the NCR withdrew it’s support for the codes due to legal pressure and opposition from many Debt Counsellors.
Recently the new Credit Industry Forum, which makes suggestions to the NCR, met and these standards were once again raised. Credit Providers would like to see the NCR issue the proposals as rules that consumers would be bound to. It is unlikely that that could ever be the case but the NCR could give support to these proposals as being “guidelines”. Could this mean that courts begin to insist on repayment over certain terms as opposed to the wording of the NCA which focuses on “eventual satisfaction” of debts? Time will tell.
What do we learn?The High Court was not impressed with the way the original Magistrates Court application (in early 2010) was put together. There were papers missing (E.G. the consumers salary slip) and important information regarding the wife’s health and work situation that were not clearly set out. The High Court and MFC pointed to the fact that a MCA Rule 55 founding affidavit needs to be quite comprehensive and that it
should be sufficient to make a ruling on and that respondents and the DC should not have to add extra info in supplementary affidavits. Normally most courts country wide have no problem with allowing additional information to be added for their consideration but this should not be necessary.
Admittedly it is doubtful that debt review was ever intended to go into court with a rule 55 application but it has ever since Sept 2009. This particular matter was heard soon after that time. The Debt Counsellor knew that the matter had to be set down but at that time there was still a lot of confusion about what had to be included in the application and what the applications should and shouldn’t show.Debt Counsellors should now give some consideration to bulking up their founding affidavits with more information such as : if a consumer has an asset- why should it be kept? For example: Does the consumer need a vehicle for work purposes or to transport several family members to and from work or school. Would public transport be a better option? Maybe this should be mentioned? Debt Counsellors do consider all these things when reviewing a consumers debt anyway. It is now maybe a case of adding an additional paragraph in the founding affidavit in regard to assets to spell these things out.
Why Cost Orders HurtDebt Counsellors run their businesses - not to get rich (as helping consumers who are having debt problems is not the right industry for that) but to try assist consumers and banks. In most cases Debt Counsellors are running their businesses very close to the subsistence line and a costs order could see them going out
of business. At present there are estimated to be less than 500 Debt Counsellors operating country wide.
Why did MFC bother trying to get this older car from the consumer?It all stems back to the original debt restructuring court order several years ago. In that matter MFC were offered a fairly small amount of money on the car each month. If only that much money got paid each month and never increased the car would take well over a decade to repay. MFC were naturally not happy about that.
The Magistrates Court that heard the matter was however satisfied that the car would actually be settled over a shorter period and that additional funds would become available but that is not what the Court Order explicitly shows. So when a problem arose with the consumers payments, rather than offer them a chance to sort things out MFC decided to try get to auction off the car.
In reality however if MFC ever got to auction off this car they would hardly see a lot of return on the account since this vehicle is almost 10 years old now and they would end up having to wait many more years to get the remaining shortfall funds from this consumer. In all likelihood MFC would probably end up writing the debt off or simply selling the debt on to a collection firm for a tiny portion of the outstanding balance. So…Why even bother? Why was legal action taken?
The granted debt restructuring repayment was of a fairly small amount. MFC had gone to Magistrates court to argue that they wanted
more money. Money that the Debt Counsellor had only planned for them to get once a school debt was paid off. The school debt not being part of the debt review court order was also a sore point for MFC. They wanted the school to get less money over a longer period of time and themselves to get more straight away rather than let the school debt be settled first.
Other factors?What we have seen is that within big banks very often the debt review departments do not get much respect from their colleagues in other product houses. The product houses want to collect through traditional methods (and ironically lose money on the collection process rather than use debt review which has no cost to creditors). Also some product houses, like the vehicle and homeloans departments, want to claim on insurances (when consumers default) and do other things that have to do with securitisation of these assets which they cannot do until they have taken legal steps. Debt review does not count as one of those steps seemingly.
The main reason is however that the consumer seemingly missed a debt review repayment after the court order for the debt review was granted. The bank had - like so many larger creditors - already sent out a 86(10) letter (some creditors have been accused of bulk/ mass “termination campaigns” where a computer just spits out lots of 86(10) letters for thousands of consumers at a time) and so MFC jumped at the opportunity to incur some legal costs and pay collection fees and end up losing out on funds through the old fashioned legal route.
What do we learn?
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Consumers under debt review must never miss a payment. If they do, they will face a lot of trouble and extra expenses. The debt review process is one of planning well so that payments never have to be missed again. Miss a payment and face having your life turned up side down. Even if the Magistrate who has had this matter referred back to him rules the same again or simply adds the money that was going toward the now paid up school fees to the court order there has been a lot of stress and cost that have resulted.
My Magistrate doesn’t want a big fat founding affidavitWhat if you are in a court where the magistrate does not want copious and long winded affidavits? What this case has shown is that if a creditor is fighting about a matter and wants more money it might be best to put the extra info in the founding affidavit right from the beginning rather than possibly later face this sort of knit picking which could waste time and money for the Debt Counsellor and consumer.
What is the difference between a reported and unreported case?This case MFC vs Joubert is an ‘unreported’ case. What does that mean?
Reported: Judgments published in law reports. Only those cases which deal with significant points of law are considered to be valuable precedents and are included in law reports.
Unreported: Judgments either too recent to be reported, or considered not sufficiently important to report.
Even though the matter is not reported, it has
still highlighted an issue in regard to MCA Rule 55 founding affidavits needing to be more fleshed out. This should be seen as a good thing as it reduces any possible finger pointing later down the line. It is not nice that the Debt Counsellor received a cost order but it does point to the duty that non legally trained Debt Counsellors have been forced into: to try to reach the standards of trained attorneys in preparing court papers in which, strangely, they are the applicants though the debts are not their own. Debt Counsellors who do not represent themselves should discuss this matter with their attorneys to see what additional information can now be added to their founding affidavits.
To Sum up:Debt Counsellors must make sure founding affidavits are comprehensive. Maybe consider justifying the retention of assets.
Some Courts are confused about the Task Team proposal and think they are now rules. This is not the case.
Some Credit Providers also think that this case means that those proposals are now rules rather than just the time periods they would like to see debts settled over. T
A Debt Counsellor can have a costs order granted against them even if they were unsure at the time on how to structure their founding affidavit. Be sure to include pertinent info from the start Don’t reply on supplementary affidavits.
Consumers must never miss a payment while under debt review.
CONSUMER
Times are tough and we all need to make our money stretch these days. As the cost of living increases it seems that, come the end of the month, there is always a little less cash left to enjoy life with.
The Living on Less is a section of Debtfree DIGI which looks at ways wise consumers can keep their living expenses down and save funds. We also consider ways to still have some fun for less.
Living on Less is about spotting a great deal and letting others know. It’s about changing our mind set to reflect the reality that times are tough and we need to get savvy.
Sure times are tough but you can still have fun while Living on Less.
LIVING ON LESS
CONSUMERINDUSTRY
Clothes Swop Have you ever looked in your cupboard and thought, “I have a cupboard full of clothes, but nothing to wear!”? Us women love to keep clothes that we used to fit into, or a pair of shoes that we just HAD to have, but actually can’t walk in them for more than 5 minutes without having to lean on something. We know we can’t throw it away because there is nothing wrong with it! Never fear, you are not alone!
Have you ever thought of swopping some of your perfectly good items you never use with some of your friends?
Why not get together with your girlfriends who have the same issue for a clothes swop
and make an afternoon of it? Add some red velvet cupcakes and sparkling wine to the mix and you will have a blast. You will be amazed with what you can come away with. At my recent clothes swop party, I scored a Woolies Mac, silky Marian Hill cocktail dress and lovely pair of ASOS heels (that will probably sit in my cupboard until the next swop).
Wondering what to do with the clothes, bags and shoes that are left over? Why not donate them to a local charity/hospice shop and they can make some other ladies smile. This is something that you can arrange with your friends, at least 4 times a year, just before the change of each season and it will satisfy your inner bargain hunter.
Summer can sneak up on you. One minute you are wrapped up in bulky jackets and scarves and the next you are eying out your swimming costume thinking I hope it still fits.
Traditionally people put on a bit of extra weight during the colder winter months. Well Sumer is here and now is the time to fight back. Like debt, extra weight can sneak up on you. And like debt it takes time and gradual chipping away at it to get rid of unwanted weight.
Doctors have shown us the many benefits of losing weight. We all know it but how do we do it?
Most professionals will caution against crash dieting. Rather they suggest two important factors which will assist:
Eat healthierEat better food, more often, in smaller portions, throughout the day.
Get active!Now you might say: I can’t afford to join a gym. That may be true but do you need to go to gym to start to lose weight. Hardly. The key is getting active.
Many of us sit on our rear ends all day long staring at a screen or serving customers. If that is your situation what can you do? Rather than remain seated all day. Take breaks to get up and move around.Try to look for ways to burn more calories
during the day. Can you take the stairs rather than the elevator or escalator? Can you walk to the shop rather than drive.
Ask some of your friends if they have any old exercise equipment they are not using at the moment. Can you maybe borrow it for a while?
Other suggestions are to perhaps play a sport or to begin walking a little each day. If that walking later turns to jogging then that’s great. It is also a great way to clear your mind of the demands of the day and to think about important matters. Some alone time to put things in perspective.
Can you hit the beach? Is it finally time to learn to surf? Is there a swimming pool nearby? Water exercise is very good for you, as the buoyancy of the water can help reduce the stress on your body. Also it’s refreshing in summer.
While getting active might not cost you much it is however somewhat of a mind shift. But all of us are learning to manage our finances better these days so, why not our health? Active people often spend less on medical bills and are less likely to suffer from conditions such as diabetes. So it saves you money and improves your life.
The key is to simply begin moving. Don’t delay it any longer. The longer you leave it the heavier you will be and the more you will have to burn when you do eventually decide to get active. So, why not take the stairs this afternoon?
Get active
Have you always wanted to be one of those cool surfers hitting the beach to catch a few waves? But what if you never gave it a shot? What if you never got around to trying to surf?Well now you can learn to surf with Surf Big Bay and Debtfree.
Debtfree and Surf Big Bay have got together to give you and 4 of your friends the chance to learn to catch some waves down in CT. Imagine learning to surf with the majestic Table Mountain in the background. Not only is surfing is really great for fitness and weight loss it is also great for simply forgetting the stresses of everyday life for a while.
What do need to do?If you live in the Cape Town area or will be visiting Cape Town soon then visit www.capetownsurflessons.co.za and answer this simple question:
How long is a surf lesson with Surf Big Bay?
What if i don’t win?Well there is nothing stopping you from contacting Surf Big Bay yourself and arranging to hit the waves this summer. You can visit them at: www.capetownsurflessons.co.zaor follow them on Facebook at: https://www.facebook.com/BigBaySurfFitClubor mail them on: [email protected]: (021) 554 3441 / Cell: 071 425 5470
COMPETITION
TERMS AND CONDITIONS Prize consists of 1 group lesson for 5 people. This prize is for the Cape Town Area - so only enter if you live nearby.
Debtfree’s choice of winner is final. Winners will be notified via email. Prize cannot be exchanged for money.Winners need to make their own way, at their own expense, to Big Bay, Blouberg, Cape Town to claim the prize.
DEBT COUNSELLOR
PROFILE
Alan ManshonThe Money Clinic
021 782 4351
www.moneyclinic.co.za
Alan Manshon
How long have you been a DC? I have been a practicing Debt Counsellor for 5 years now.
Alan we always see you at any hearings the DTI hold or workshops that the NCR are hosting and we enjoy listening to your radio show on the Taxi each week. It is great to see Debt Counsellors getting involved in spreading the word about responsible ways to handle debt. We have a few questions for you about your business.
How long have you been a practicing DC?6 years
What did you do before becoming a DC?I was a banker for 16 years
What area (of SA) do you practice in?Cape Town (Southern Suburbs & Deep South)
Do you have a small/med/large DC company?Small but we prefer the term: ‘boutique’
Some DCs are saying that business is slow, where do you find new business?Word of mouth is our strongest marketing tool but we are also quite active on social media as well as a local community radio station which sometimes also affords us local TV exposure.
What do you think makes your business successful?I enjoy finding solutions to problems. Because we’re small and limit the number of cases we take on, we’re able to give extreme levels of attention to each matter.
Who are your most co-operative and least co-operative credit provider at the moment?This constantly changes but at the moment Consumer Friend is the most co-operative and ABSA and Direct Axis and Edcon would win the joint prize for least co-operative.
What whould you say is the biggest challenge facing Debt Counsellors at the moment?Getting credit providers to respond to requests for additional information and the lack of co-operation regarding reckless credit assessments.
What is the biggest challenge facing your consumers at the moment?Credit provider incompetence which results in undue distress for consumers. For example credit providers terminating debt review because they have seemingly misplaced the granted debt review court orders.
What advice do you give to consumers who are currently under debt review?Debt review is merely the first step to regaining your financial independence. Do not sit back and wait for your debt to be paid up. Nothing prevents you from settling your debt faster if your financial situation improves.
TUNE INYou can listen to Alans show each Wednesday here: http://thetaxi.co.za/listen-live/
Check out the stations show line up here: http://thetaxi.co.za/line-up/
Or check Alan’s facebook page for more details
DEBT COUNSELLORS ASSOCIATIONS ANNOUNCEMENT BOARD
DCUOur congratulations to the new National Executive Committee who were recently voted in at the AGM. Here are the names:
E. Cilliers; PJV. du Toit; E. Fouché; H. Hodgson; A.J. Richards; P.J. Slot; CM van den Heever.
We wish you all the best for the coming months.
Did a Top SA Attorney Forge a High Court Judgment?
http://goo.gl/wAK1kj
For more information contact: [email protected]
Debt Counselling media promotion:BDCF were on Bush Radio this month pro-moting debt review.
CIF:We also attended the recent CIF meeting and have made submissions on topics of discussion. Thanks to those members who sent through their views.
www.bdcf.co.za
www.newera.org.za
Our AGM was held during November and was a great success. Thank you to all who attended. We look forward to a 3rd success-ful year representing our members.
The new NEC was elected at the meeting. The NEC members are: Giel van Zyl, Joe Kotze, Marie Kruger, Adri de Bruyn, Hennie Vermaas, Simon Barkenhuizen, John Steyn, Ivor Manuel and Gerald Rodrigues
We want to thank them in advance for their willingness to help our members.
www.allprodc.org
We are proud to announce the new National Executive Committee: Chairman: Giel van Zyl Vice Chairman: Joe Kotze, Secretary : Marie Kruger, Legal: Adri de Bruyn, Finance: Hennie Vermaas, Members: Simon Barkenhuizen, John Steyn, Ivor Manuel, Gerald Rodrigues Our AGM this year was a great success. The venue was cosy and the snacks delicious. A Special thanks to Hennie who made those arrangements. The voting process for the new NEC went smoothly with new volunteers helping to share some of the responsibilities this year. The topic of the Credit Industry Forum was also covered with John Steyn being assigned to represent AllProDC over the next few CIF meetings. We are determined to help contribute to these important meetings and thus keep the NCR aware of our members views on important industry developments.The chairman’s address summed up some of the activity that AllProDC have been busy with the past 12 months. The list is impressive and we are proud to have been so influential this year. You can download the Chairman’s address on our Facebook group. Some of the things mentioned were: Being registered as an NPO, Meeting with UP reps (Prof Frans Haupt), the well supported workshop in May, the developmental workshops for DC’s, meeting with BASA, meeting with various individual credit providers (such as: FNB, African Bank etc), meeting with DCASA, involvement with newly formed CIF and an active role in the DTI consultations re NCA amendments. To quote
the chairman, in part, regarding meeting with other parties involved in Debt review he said:”…For the first time, debt counsellors are being given platforms to engage industry stakeholders. Now is not the time for cowboys or personal egos. Now is the time for… participation. We need to encourage DC’s to join associations and we need to seriously consider our position regarding co-operating with other DC associations. We will probably never see eye to eye on all issues and that’s ok. But there remains key issues of strategic importance where we must present a unified position.”Thank YouWe would also like to thank the former NEC for their hard work in helping drive so much of what we accomplished this year. At the same time we must also say a big thank you to those members who have contributed behind the scenes and have assisted the NEC in getting matters done. More about our AGM here: http://debtfreedigi.co.za/alliance-of-professional-debt-counsellors-agm/
CONTACT [email protected]
FORUM: www.debtconcern.webs.com
WEBSITE: www.allprodc.org
FACEBOOK: www.facebook.com/AllProDC
TWITTER: www.twitter.com/AllProDC
NEWSLETTERNOVEMBER
In Conversation with Lynne2013 in perspective - celebrating the gains
“Alone we can do so little; together we can do so much.” (Helen Keller)
Please join the FNB Debt Review Centre in looking back at 2013 and planning for 2014.
DATE: Friday, 22 November 2013
TIME: 10h00 – 12h30
VENUE: Cherry Place Conference Centre, 161 Heugh Road, Walmer, Port Elizabeth
DATE: Tuesday, 26 November 2013
TIME: 09h00 – 11h00
VENUE: Auditorium, FNB Conference & Learning Centre, 114 Grayston Drive, Sandown, Johannesburg
DATE: Wednesday, 27 November 2013
TIME: 10h00 – 12h30
VENUE: 4th Floor, FNB Willowbridge Place, 39 Carl Cronje Drive, Tygervalley, Cape Town
DATE: Thursday, 28 November 2013
TIME: 10h00 – 12h30
VENUE: FNB Commercial, Acacia House, Rydall Vale Park, Douglas Saunders Drive, La Lucia Ridge
RSVP with Mpho Lekala [email protected] or Jeanette Botha [email protected] 19th November 2013
DCASA Western Cape met at the Parow Golf Course in November for the last time for 2013. The meeting was well supported and featured some interesting presentations from various parties and industry experts including Eugene Cillier current DCASA Western Cape Chairperson. Some of the topics covered were:
Sequestration (or actually Voluntary Surrender of Estate) and how consumers can benefit from the process should they qualify. For many this process sees them pay back less money over a shorter time period than via debt review. The trick is being able to qualify.
Administration particularly in conjunction with Debt Review was discussed. It was pointed out that were legal action has begun on accounts (adding up to less than R50 000) an admin order can be sought while at the same time a debt restructuring court order is sought for all other debts.
The sensitive subject of voluntary debt rearrangement was discussed. You may have thought this subject was now taboo but the topic made the line up at the meeting. The DTI have said they are not opposed to finding solutions that are not necessarily “debt review” if the consumer is protected. It was noted however that the NCR stopped a similar process once before because it was unregulated, did not necessarily protect consumers from legal action without recourse and crossed
the line of DCs being impartial toward CPS and Consumers. Interestingly since only a Debt Counsellor can perform the functions of a Debt Counsellor (as per the NCA) it seems that only DCs can be involved in any voluntary debt restructuring process. The event was sponsored by HYPHEN Payment Distribution Agency. They made some very interesting comments about how coming legislation and industry changes regarding card payments is effecting their business. The changes will see them having to spend around R7 Million to become compliant before Feb 2014. There were also presentations from Maximus and Bitech who showed how their debt counselling software can help Debt Counsellors run their business: From drafting proposals to preparing court documents and even reports to the NCR.
The Debt Counsellors Association of South Africa AGM
DCASA held it’s annual General Meeting this month in Kempton Park, Gauteng. The meeting presented the opportunity for members to elect a new National Executive Committee to help steer the association. Here are the names of those elected:
E. Cilliers; PJV. du Toit; E. Fouché; H. Hodgson; A.J. Richards; P.J. Slot; CM van den Heever.
The NEC will only allocate individual NEC roles at their first meeting of 2014.
DCASA have been busy
DEBT COUNSELLING
AA Debt Counselling CentreAnthea JohannesNCRDC531Tel: +27 (0) 21 982 0522Cell: +27 (0) 84 402 7032
Alan Watts NCRDC 962NCR registered Debt Counsellor Tel: 084 4448439 Fax: 086 6501954alan@active-debt-counselling.co.zawww.active-debt-counselling.co.za
Central SA Debt Counsellors082 950 7806Fax: 086 563 1621
Consumer AssistTel: 0861 628 628
Credit Matters021 431 [email protected]
CS Debt CounsellingBernidene Smith NCRDC 764057 352 4115/352 5000Welkom - Free state
Darran [email protected]
DebtSenseGroupFor Professional, Responsible and
Effective Debt Restructuring ServicesJohn Harvey NCRDC 1370
Newcastle – KZNTel: 034 312 1767 Fax: 034 315 3441Email: [email protected]: www.debtsensegroup.co.za
Debt Solve Debt CounsellorsOffice: 033 397 0945
DebtSafe0861 100 999
Debt SeriousWe are serious about debtVida Scheepers NCRDC1792Po box 394, Garsfontein, Pretoria 0042Fax no: 086 553 [email protected]
Debt TherapyHans Pettenburger-Perwald NCRDC49Tel: +27(0) 21 556 4935Fax: +27(0) 21 556 4937Toll Free: 0800204728Cell: 0823358232www.debt-therapy.co.zaEmail: [email protected]
Debt RehabColleen Van Wyk(BCom, LLB)Debt Counsellor NCRDC2619Tel: 083 290 0848Tel: 011 740 7374Fax: 086 716 9694Website: http://debtrehab.co.za
Debt eezyYour Debt Solution made EasyAshley Carstens NCRDC858 Tel: 021 839 2809 Fax: 083 512 4160 / 086 665 9125 Email: [email protected]: www.thedci.co.za
Financial Synergy Group Credit Awareness & Rescue ServicesDEBTINC0861 20 21 [email protected] Financial Planning & GrowthCONFIDO022 713 20 [email protected] Legal012 643 [email protected] Employer Group & Wellness Services012 643 [email protected] Call Centre Services0861 20 21 [email protected]
SERVICE DIRECTORY
Debt RescueNeil RoetsNCR DC 474Cell: 083 644 7406Tel: 0861 800 009Fax: 086 523 0617E-mail: [email protected]
Debt Management & Counseling Services“The greatest glory in livinglies not in never falling,but in rising every time we fall.” - Nelson MandelaDerry Burge NCRDC108140 Irene Avenue, La Concorde,Somerset West, 7130 Tel: 021 855 5997 Cell: 074 177 5375 Fax: 021 855 1195 or 0865413200E-mail: [email protected]
Durban Debt Counselling ServicesSuite 112, 1st floor Union Club Building353 Sm ith StreetDurban, 4001Tel: 031 301-7893Fax: 031 [email protected]
Debt Counselling South AfricaCape Town BranchTel: 021 919 66 94Rod De WittNCRDC831Visit: www.debtcounsellingsa.co.za
Fair Finance SolutionsYour debt is our priorityAmanda FairRegistered Debt Counsellor NCR946553 Jacqueline DriveGarsfontein PretoriaTel: 0861 26 26 32Fax: 082 921 7093Cell: 086 564 3674amanda@fairdebtcounselling.co.zawww.fairdebtcounselling.co.za
Fincorp debt Counsellors ccCecilia Zwarts [email protected]
Finesse Debt CounsellorsNCR Registration No: DC1262Address: 478 Windermere Road, Morningside, Durban, 4001Phone: 031 209 2356/ 084 250 2356 / Fax: 086 5732433e-mail [email protected] www.debtfinesse.co.za
Holistic Debt [email protected]
The best angle to approach debt is the Triangle
Caledon - Western CapeContact Person: Yolande8 Hoop Street, 7230 [email protected]: 028 212 2537
Ceres - Western CapeLeyll str 61, 683 [email protected]: 023 312 1292Fax: 023 312 2119
Worcester - Western Cape71 Porter Street 6850 Longitude: 19.44305Latitude: [email protected]: 0233420576Fax: 086656801
Bloemfontein - Free State94 Zastron, 9301 BloemfonteinContact Person: [email protected]: +27 51 448 2828Fax: +27 51 447 9481
Viljoenskroon - Free State35 Denyssen Street, 7230Contact Person: Johann [email protected]: +27 56 343 0352Fax: +27 56 343 035
Welkom – Free State329 Stateway, 9460 WelkomContact Person: Susan RouxEmail: [email protected]: +27 57 352 6117Fax: +27 57-352 2355
SERVICE DIRECTORY
Helpdesk Debt CounsellorsAllan HoffmanTel: 0861 000 754
Help-U-Debt (Vaal Triangle) WanineTel: 082 445 3967
Help-U-Debt (Potchefstroom)Madra083 390 3275
Help-U-Debt (Parys)Marilouise082 920 6249
Help-U-Debt (Vanderbijlpark)Herma083 320 8303
Incentive Debt Counselling“Paving the way to a Debt Free Tommorrow”Darran Manikam NCRDC704Tel: (031) 409 9379Fax: (031) 409 1327Cell: 0845898286Branches: Phoenix and ShallcrossIndigo debt counsellors CCTel: 087 808 9734 Fax: 086 580 8675 [email protected]
MG Consulting Strand - Helderberg AreaTelkom : 021 853 4537 Mobile Phone: 082 450 7459Fax Number: 0866 220 690E-Mail: [email protected]
Mzansi Debt CounsellingOctavia HlatshwayoTel: 011 868 1185Fax: 0861 00 22 [email protected] www.mzansidc.co.za
NDA Debt CounsellorsYour Trusted Debt CounsellorsGary Williams (NCRDC 143)Tel: 034 315 3880 Fax: 086 612 [email protected] www.ndad.co.za
SFA Debt Relief Consultants Adri de BruynNCRDC99811 Market Street / Markstraat 11, Paarl, 7646Tel: 021 872 1968Fax: 021 872 [email protected]
Penny Wise Debt CounsellingCathy Foster Debt Counsellor - NCRDC1977Tel: (011) 794 9912Fax: 086 719 3378Mobile: 083 298 4467Email: [email protected]
Rihanyo Debt Counselling(012) 804 50 57
Think Green Debt CounsellingSandi [email protected] : 012 991 6638Cell : 082 460 7800Fax : 086 219 2615
U-Win Debt CounsellorsCoreli Roos - NCR DC 509Aliwal North, Burgersdorp, Bethulie, GariepDam, Smithfield, SpringfonteinCell:079 626 [email protected]
Zuné Coetzer Debt CounsellorsNCRDC 159924 van der Stel Street, Dan PienaarBloemfonteinTel: 051-4364515Fax: 086 5870 845Email: [email protected]
SUPPORT SERVICES
Staff Line Ndizani Executive RecruitmentCell no: 083 3028163Direct Line: (011) 468 - 2150E- Mail: [email protected]
Information resources & serviceswww.thedci.co.za
SERVICE DIRECTORY
SERVICE DIRECTORYDesigntimesSouth Africa’s creative resourcewww.designtimes.co.za
TRAINING
Compuscan Academy 0861 51 41 31www.compuscanacademy.co.za
You & Your MoneyNCR ACCREDITED DEBT COUNSELLOR TRAINING COURSES:Training and mentoring since 2007Want to make a contribution as a registered debt counsellor?Need to empower and upskill staff in your debt counselling business?Courses devised to suit all needs: Flexible timeframes to accommodate workflows. On site/inhouse training for staff.Contact Dawn [email protected]: 072 1769789
FINANCIAL
ABSA Customer Debt Repair Line0861 005 901
Credit Ombudsman0861 662837
Experian011 799-3400 [email protected]
Eric StresoFinancial PlannerB Juris LL B CFP MBATel: 0833273358Fax: 086 612 7912
Fair Debt0829019788 or [email protected]
PACFIN Financial Solutions Head OfficeTel: +27 11 9757445Fax: 086536878336 Van Riebeeck roadKempton Park [email protected] Carlo BuildingNo 8 VoortrekkerstreetKempton Park 1619
Kempton ParkContact: Reyno CoetzeeTel: +27 11 3945363Fax: 0866048002Cell: +27 73 [email protected] / GermistonContact: Armand PosthumusTel: +27 11 8921911Fax: 0865620378
NelspruitContact: Ann BakerTel: +27 13 7415559Fax: 0880 1374 15559Cell: +27 82 [email protected]: Wynand MclachlanTel: +27 11 8113728Fax: +27 11 8113728Cell: +27 83 2754014/[email protected]
Gooseberry Business AdvisoryTel: 012 644 0589
NedbankDebt Rehabilitation & Recoveries Services0860 109 279
STD BankDebt review HelplineTelephone: 0861 111 402
TransUnion0861 482 482
ThinkmoneyFinancial comparison websiteContact: Gareth MountainTel: 079 0996 798www.thinkmoney.co.za
WIZARD Vereeniging Making Mortgage MagicWanine SmitTel:+27 16 454 1132Fax:+27 86 686 3678 Cell:+27 82 445 3967 www.wizard.za.com
FINANCIAL PLANNING Eric StresoFinancial PlannerB Juris LL B CFP MBATel: 0833273358Fax: 086 612 7912
If you want to subscribe, advertise or be listed in our directory please contact us! [email protected]
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LEGAL
Karen van Staden Tel: 012 998 9117 / 012 993 2132Fax: 086 721 6467 / 086 662 1153Email: [email protected]@hauptearle.co.zawww.hauptearle.co.za
LUCID AttorneysTel: 011 880 1100Fax: 011 880 1101Email: [email protected]/attorney
O’Connell & AssociatesAttorneys at LawKeegan O’[email protected] 021 462 1663Fax 0866 504 550303 Millborough, 70A Upper Mill Street, Vreedehoek, Cape Town,8000
Prinsloo & AssociatesAttorneys and conveyancersNanika Prinsloo Farm Bergamot, Paarl 7620P O Box 6199, Paarl 762014 Laing Street, Barrydale 6750Cell: 072-8558-106Fax: [email protected]
RM Brown and Associates 601 Pier House, 13 -17 Heerengracht, Cape TownTel: 021 431 9127, f: 021 425 0875 Email: [email protected]
Scheepers AttorneysGerhard [email protected]
Steyn Coetzee Attorneys / ProkureursAdri de Bruyn11 Market Street / Markstraat 11, Paarl, 7646Tel: 021 872 1968Fax: 021 872 [email protected]
Agiliti CCColleen Van Wyk(BCom, LLB)Tel: 083 290 0848Tel: 011 740 7374Fax: 086 716 9694Website: http://agiliti.co.za
CREDIT BUREAUS
Compuscan 0861 514 131www.compuscan.co.za
DIRECTORY
Is it time to expand your Debt Counselling practice?
Do you need specialist Attorneys with a national footprint?
Do you need expert advice on how to protect your practice and your clients?
Are you informed about recent statutory and legal developments within the industry?
Attorneys servicing individual needs
Pretoria: +27(0)12 998 9117 www.hauptearle.co.za Nelspruit: +27 (0)13 752 7084
Experianwww.experian.co.zaBusiness- 0861 63 60 70 Consumer- 0861 10 5665
Micro Lenders Credit Bureau 0861 28 7328 www.mlcb.co.za
TransUnion 0861 886 466www.transunion.co.za
XDS 0860 937 000 www.xds.co.za