november 2010 debtfree digi

www.debtcounsellingsa.co.za

DebtfreeSouth Africa’s debt counselling magazine

November 2010

November is here already and you may feel what happened to the year. I just remember it starting and thinking “Wow, 2010, the World Cup I never thought we would get here”. How time flies when you have fun…or are busy working desperately trying to pay all your debts and still feed your family. If you entered debt review this year then no doubt you have felt a huge weight lifted off your shoulders. If you are in your second or third year under review well: Well done! You have almost made it to 2011 and are now that much closer to being debt free.

But remember that this is a dangerous time of the year. Don’t let your guard down and start to spend money you can ill afford. Careful! If you are a DC then it has been a tricky couple of months with 86(10)s from Nedbank and FNB (and recently ABSA) piling up on your desk. Well we encourage you to have a look at Attorney Brett Carnegies article on the subject (once again)

This issue we continue to have a look at the new Consumer Protection act and its effect on debt counselling. Not only that but we cover all the news regarding the new Society for Debt Counsellors.

We hope you enjoy the issue and may you soon be Debtfree.

Editor

Editor

ContentsEditors notes

Slow down

Consumer Protection Act

NCA and Credit Bureaux

FNB quick sell

Good faith terminations

Jobs

News

Service directory

02

03

06

09

12

16

18

21

23

The petrol price has gone up once again, meaning that many drivers will begin to feel the pinch in the weeks and months to come. If you are one of the many consumers sitting in traffic doing the stop start dance daily you will know that traffic driving really pushes your consumption through the roof.

So what can you do to keep your transport costs down?

Well, many years ago we heard about people in America doing something called “car pooling”. A lot of us thought that this was what happened in one of those funny scenes in

movies and TV shows were people would drive a car through someone’s backyard fence and crash into their swimming pool. (which was silly of us). Nowadays we know better and no doubt you see the advantage of sharing your transport costs with others in your area that are headed in the same direction as yourself everyday. It may be that your kids all go to the same school and you share the responsibility of dropping them off and picking them up. This is an excellent way to reduce your transport costs. A simple note put up at your local supermarket or on “gumtree” may be all it takes to slash your transport costs.

SLoW doWN

CoNSUMEr

One way to avoid high transport cost is to avoid driving unnecessarily. Why not take a walk down to the shop (not at 11 at night of course, but if you have the time. Its healthy and will cost you less. If you are going out ask your friends to come fetch you for a change. Even if you give them a little toward their petrol costs you will be exposing your vehicle to less risk and less wear and tear.

It is also a simple truth that drivers who go faster use more fuel. Not only that but the faster you drive the harder you need to break. Which is it better to do: buy a car from a little old granny or a teenage rep? Think about it. Resist the urge to tear from traffic light to traffic light in town and on the open road stay within the speed limit. It may surprise you to know that many of the fuel economy figures that you see advertised when you are looking to buy a vehicle are for tests run at a speed of 60 Km per hour.

Driving within the speed limit also has another advantage: Avoiding traffic fines. You could find your entire debt review budget thrown out the window simply because you have to pay a heavy fine. This can place a lot of unnecessary stress on you and your family. Be law abiding and your costs will stay down. Not only that but statistically, driving slower puts you at lower risk of having an accident. Presumably because you are not taking risks and have more time to react to dangerous situations. And ask yourself: can I afford to pay my insurance excess right now? Do I want to? What if I or someone in my family ended up in hospital what would happen then?

All in all, owning your own vehicle is an expensive thing. You need to maintain your vehicle, in sure your vehicle and of course, fill up the tank in the face of rising petrol costs. By driving in a conservative manner and with a little bit of planning you can drive your costs down

it is also a simple truth that drivers who go faster use more fuel. Not only that but the faster you drive the harder you need to break.

Which is it better to do: buy a car from a little old granny or a teenage rep? think about it.

So Debt Counsellors want specialised ATTORNEYSwho can sort out all their DEBT COUNSELLING needs...

RM Brown& associates

www.rmbrown.co.za

UNdErStANdiNG tHE CoNSUMEr ProtECtioN ACtThe last article, in this series, looked at what you need to consider and the processes you need to implement to ensure that your marketing activities and promotions comply with the CPA.

In this instalment, we consider the requirements pertaining to the contractual relationship with your client.

The National Credit Act 34, 2005 (NCA) regulates various aspects of the debt counsellor’s contractual relationship with an applicant/client. The NCA prescribes – • the documentation to be used by the debt counsellor and the client; • the respective obligations of the debt counsellor and the client; and• the timeframes for specific actions to occur. Collectively this makes up the contractual relationship between the debt counsellor and their client.

Although the debt review process is regulated by the NCA, the relationship between the

debt counsellor and its client, in relation to the service the debt counsellor renders, must comply with the CPA. The relevant provisions of the CPA therefore add to the compliance requirements of the NCA and the two Acts operate concurrently.

The NCA requires an applicant for debt review to complete Form 16. Certain debt counsellors rely exclusively on Form 16, to govern the service relationship between themselves and the client. This is inappropriate, since Form 16 – • is not an enforceable agreement; and• does not protect the debt counsellor against liability.

It is strongly recommended that the debt counsellor execute a written agreement with their client. This agreement must comply with the prescribed requirements of the CPA.

Section 48In terms of section 48 (1), a supplier cannot contract on the basis of -

iNdUStrY

• a price or any term (of the agreement) being unfair, unreasonable or unjust;• the manner of marketing, negotiating or concluding the agreement/transaction being unfair, unreasonable or unjust; or• requiring a consumer to waive any rights, assume any obligation or waive any liability of the supplier, on terms that are unfair, unreasonable or unjust.

The crux of this provision lies in the meaning/intention of the phrase “unfair, unreasonable

or unjust”. This phrase has not been expressly defined in the CPA, which makes interpreting the requirements of this provision challenging.

However, section 48 (2) elaborates on the intended meaning, by identifying specific terms that would be considered “unfair, unreasonable or unjust”. These include – • terms that are excessively one-sided in favour of any person other than the consumer;• terms that are so adverse to the consumer, as to be inequitable;

• circumstances where the consumer relied on a false, misleading or deceptive representation or a statement that was detrimental to the consumer; and• circumstances where the transaction or agreement was subject to a term or condition or notice (section 49) and – • that term, condition or notice is unfair, unreasonable, unjust or unconscionable; or• the fact, nature and effect or the term, condition or notice was not drawn to the attention of the consumer in accordance with section 49.

In our view, section 48 (2) does little to clarify the meaning of the phrase. If anything it may well compound the challenge to interpret it accurately.

What does this mean for the debt counsellor?1 The price of your service must be fair, reasonable and just. This means that it should not exceed the prescribed fees, published by the Debt Counselling Association of SA and endorsed by the Regulator. 1.1 Do not advertise or market your services at a different price (lower) to that which you will actually charge your client – this is prohibited.2 When marketing, negotiating and entering into an agreement/transaction - 2.1 Avoid any false, misleading or deceptive representations;2.2 Ensure full and frank disclosure of all material facts pertaining to your service;2.3 Confirm your client’s understanding of the terms and correct any misunderstanding;2.4 Avoid coercion, duress, harassment,

pressure and undue influence in all dealings with your client;2.5 If you are engaging in direct marketing ensure you comply with sections 11, 16 and 32 (discussed in the previous edition); and2.6 If you are concluding agreements/transactions telephonically or on your website, ensure that your processes comply with the Electronic Communication and Transactions Act.3 Contractual terms requiring your client to waive their rights (common law or legislative) or waive your liability must be justifiable, limited and fair, in the circumstances. 3.1 The term must be drafted in plain language (section 22). 3.2 The fact, nature and effect of the term must be drawn to the attention of the client in a conspicuous manner, before the transaction is concluded or the client has to pay. 3.3 The client must be given adequate time to receive and comprehend the term.

in next month’s issue, we will consider those transactions, agreements, terms and conditions that are strictly prohibited under the CPA.

Background

The National Credit Act 34/2005 (NCA) and

the National Credit Regulator (NCR) became

operational on 1 June 2006. The National Credit

Regulator is responsible for the enforcement of

the Act.

What is a credit bureau?

A credit bureau is a company that gathers

information and updates each consumer’s credit

history. A credit bureau creates a record of a

consumer’s credit information indicating how the

consumer manages

his/her credit.

The credit bureau

supplies these

records to credit

providers, such as

banks, retailers

and other credit

providing

companies. The

information

indicates each

consumer’s

payment record. It

is also used to

detect fraud,

corruption or theft.

What does the Act do?

The Act stipulates that each credit bureau

must register with the National Credit

Regulator in order to conduct business

legally;

It sets out the purposes for which consumer

credit information may be used, and the

companies to which the credit bureau may

provide the information;

It sets out standards for data accuracy to

ensure that information kept by a credit

bureau on your record is always accurate;

It ensures that each consumer has the right

to check his or her record, and that any

mistakes are corrected.

What rights do I have?

You have the right:

To be informed that the credit provider

intends to report negative information on you

to a credit bureau before the credit provider

actually reports you;

To receive a copy of your credit record from

a credit bureau when you request it. You

can get one free record per year, but the

credit bureau may charge you a fee for any

further records;

To challenge information kept by the credit

bureau if you are unhappy with the

information;

For your

information to be

kept confidential,

and for your

information to be

used only for

purposes allowed

by the Act.

What can my credit information beused for?

Your credit information can be used:

To assess whether or not you can afford

credit;

To investigate fraud, corruption or theft;

To consider you for employment in a position

that requires trust and honesty and entails the

handling of cash or finances; and


various services.

Credit information assists credit providers to

assess if consumers will be able to meet their

financial obligations. Credit information is of

benefit to

consumers who

are not over-

indebted and have

good payment

histories. Credit

information assists

such consumers to

get credit, and

prevents them from becoming over-indebted.

Will I be notified before theinformation is sent to the bureau?

For the following information, you will receive

20 business days notice before a credit provider

Can I challenge information keptby credit bureaux if I don’t agreewith it?

YES! If you do not agree with the information

held by the credit bureau, you can challenge this

and request the

bureau to correct

the information.

If they refuse to

correct the

information, you

can complain to

the National Credit

Regulator.When I apply for credit from a

credit provider, who decides

whether or not I qualify for

credit?

When you apply for credit, the

credit provider uses information

received from a credit bureau to

assess your application. When

your credit record satisfies the

standards of the credit provider, a

decision to grant you credit is

made by the credit provider. It is

the bank, retailer or credit

provider that approves or rejects

the credit application and not the

credit bureau.

Credit bureaux may not list

information that may

be discriminatory such as

information on race, sexuality,

political affiliation, medical

status, religion or membership

with a trade union.

How can I get a copy of

my credit record?

You can request your credit

record from a credit bureau

once a year at no charge,

thereafter at a fee of not

more than R20 per record.

The Office of the Credit

Information Ombud

The office of the Credit

Information Ombud resolves

complaints from consumers

and businesses that are

negatively impacted by

credit information.

submits your information to a credit bureau.

During this period, you must inform the credit

provider or credit bureau if the information is

incorrect:

classifications of consumer behaviour, such

as ‘delinquent’, ‘default’, ‘slow paying’,

‘absconded’ or ‘not contactable’;

classifications related to enforcement action

taken by the credit provider, such as handed

over for collection or recovery, legal action,

or write-off.

How can I verify that the informationheld by credit bureaux is accurate?

You can verify that the information held by a

credit bureau is correct by following the steps

below:

Contact the credit bureau;

Ensure that you have your accurate personal

information such as your ID number and your

address;

The bureau will send you a form to complete;

Complete the form and fax it to the bureau;

The credit bureau may ask you to pay a fee;

this must not exceed R20;

Inform the bureau if there is any inaccurate

information on your record, or ask the bureau

to explain any information where you are

uncertain.

Background





the Act.






consumer manages

his/her credit.

The credit bureau

supplies these

records to credit

providers, such as

banks, retailers

and other credit

providing

companies. The

information

indicates each

consumer’s

payment record. It

is also used to

detect fraud,






legally;












You have the right:









further records;



information;

For your

information to be

kept confidential,

and for your

information to be

used only for

purposes allowed

by the Act.




credit;






various services.




benefit to

consumers who

are not over-

indebted and have

good payment

histories. Credit

information assists

such consumers to

get credit, and








and request the

bureau to correct

the information.

If they refuse to

correct the

information, you

can complain to

the National Credit




credit?












credit bureau.







with a trade union.


my credit record?







Information Ombud






credit information.




incorrect:







or write-off.




below:




address;








uncertain.

Background





the Act.






consumer manages

his/her credit.

The credit bureau

supplies these

records to credit

providers, such as

banks, retailers

and other credit

providing

companies. The

information

indicates each

consumer’s

payment record. It

is also used to

detect fraud,






legally;












You have the right:









further records;



information;

For your

information to be

kept confidential,

and for your

information to be

used only for

purposes allowed

by the Act.




credit;






various services.




benefit to

consumers who

are not over-

indebted and have

good payment

histories. Credit

information assists

such consumers to

get credit, and








and request the

bureau to correct

the information.

If they refuse to

correct the

information, you

can complain to

the National Credit




credit?












credit bureau.







with a trade union.


my credit record?







Information Ombud






credit information.




incorrect:







or write-off.




below:




address;








uncertain.

tHE NCA ANd CrEdit BUrEAUX

Background





the Act.






consumer manages

his/her credit.

The credit bureau

supplies these

records to credit

providers, such as

banks, retailers

and other credit

providing

companies. The

information

indicates each

consumer’s

payment record. It

is also used to

detect fraud,






legally;












You have the right:









further records;



information;

For your

information to be

kept confidential,

and for your

information to be

used only for

purposes allowed

by the Act.




credit;






various services.




benefit to

consumers who

are not over-

indebted and have

good payment

histories. Credit

information assists

such consumers to

get credit, and








and request the

bureau to correct

the information.

If they refuse to

correct the

information, you

can complain to

the National Credit




credit?












credit bureau.







with a trade union.


my credit record?







Information Ombud






credit information.




incorrect:







or write-off.




below:




address;








uncertain.

Background





the Act.






consumer manages

his/her credit.

The credit bureau

supplies these

records to credit

providers, such as

banks, retailers

and other credit

providing

companies. The

information

indicates each

consumer’s

payment record. It

is also used to

detect fraud,






legally;












You have the right:









further records;



information;

For your

information to be

kept confidential,

and for your

information to be

used only for

purposes allowed

by the Act.




credit;






various services.




benefit to

consumers who

are not over-

indebted and have

good payment

histories. Credit

information assists

such consumers to

get credit, and








and request the

bureau to correct

the information.

If they refuse to

correct the

information, you

can complain to

the National Credit




credit?












credit bureau.







with a trade union.


my credit record?







Information Ombud






credit information.




incorrect:







or write-off.




below:




address;








uncertain.

Background





the Act.






consumer manages

his/her credit.

The credit bureau

supplies these

records to credit

providers, such as

banks, retailers

and other credit

providing

companies. The

information

indicates each

consumer’s

payment record. It

is also used to

detect fraud,






legally;












You have the right:









further records;



information;

For your

information to be

kept confidential,

and for your

information to be

used only for

purposes allowed

by the Act.




credit;






various services.




benefit to

consumers who

are not over-

indebted and have

good payment

histories. Credit

information assists

such consumers to

get credit, and








and request the

bureau to correct

the information.

If they refuse to

correct the

information, you

can complain to

the National Credit




credit?












credit bureau.







with a trade union.


my credit record?







Information Ombud






credit information.




incorrect:







or write-off.




below:




address;








uncertain.

Background





the Act.






consumer manages

his/her credit.

The credit bureau

supplies these

records to credit

providers, such as

banks, retailers

and other credit

providing

companies. The

information

indicates each

consumer’s

payment record. It

is also used to

detect fraud,






legally;












You have the right:









further records;



information;

For your

information to be

kept confidential,

and for your

information to be

used only for

purposes allowed

by the Act.




credit;






various services.




benefit to

consumers who

are not over-

indebted and have

good payment

histories. Credit

information assists

such consumers to

get credit, and








and request the

bureau to correct

the information.

If they refuse to

correct the

information, you

can complain to

the National Credit




credit?












credit bureau.







with a trade union.


my credit record?







Information Ombud






credit information.




incorrect:







or write-off.




below:




address;








uncertain.

What is FNB’s Quick Sell Plan?The Quick Sell Plan (QSP) is a private sale option that enables FNB customers to sell their property voluntarily (with FNB’s help) in the shortest possible time and reduce a lot of their debt burden. In most cases a burden they can no longer successfully cover each month. Customers who agree to the QSP are asked to sign a mandate, to provide FNB’s chosen

estate agency with the relevant information on the home, to allow access to FNB’s appointed estate agents and potential buyers and to ensure that the property is marketed and sold in the quickest possible time at the best achievable price. Obviously the best case scenario is where the sale value exceeds that owed by the client and that they will then be able to use the resulting funds to settle other

WHAt iS FNB’S QUiCK SELL PLAN?

CoNSUMEr

debt obligations as well and end up debt free. However this price is, by necessity, not always the full amount owed on the bond and in such a case the customer will have to settle the resultant shortfall (should there be one) over time. FNB will “discount the amount owed and give plenty of time to settle the remainder.If customers who have fallen far behind make use of this option FNB will not need to proceed with legal action to convince a court to allow for the sale on auction of the property in question. Thus customers who take advantage of this Plan avoid being black listed (if no legal action has been taken already) and will be able to apply for credit in the future. This greatly reduces the time and expenses of the usual recovery processes. Jan Kleynhans, CEO FNB Homeloans, says more than 3,500 distressed local home owners have recently been assisted successfully through First National Bank’s Quick Sell Plan (QSP). “The customers that we have helped through this program can now move forward with their lives, clear off a debt burden that they can no longer service and reduce excess debts,” adds Kleynhans.

Benefits of the Quick Sell Plan • An attractive discount, of minimum of R30, 000 or 15% of the current outstanding loan balance (which ever is greater), will be applied when there is a shortfall after the sale of the property.• Any shortfall is repayable over a period of up to 10 years at the prime lending rate. However, if the shortfall is paid within 5 years, the loan will be interest free.• You stay in control of the sale of the property, meaning a minimum reserve price will be agreed upon upfront.

• The process is transparent and easy to understand, which minimises delays and the prospect of a prolonged deal.• A preferential seller’s commission of only 5.5% (excluding VAT) has been negotiated with FNB’s nominated estate agencies• FNB Home Loans and it’s nominated estate agents will invest time, energy and money in their sale efforts to ensure that you get the best possible price for your property. • Offers are received through the traditional approach as well as online mediums. • FNB Home Loans’ legal and financial consultants are on hand for buyer assistance.If you are in the market to buy a property “FNB offers buyers up to 100% bonds on all Quick Sell properties. Should both the transfer and registration be handled by an FNB appointed attorney, buyers can also receive a 50% discount on both transfer costs and registration fees,” says Ryno Mey, FNB homeloans National Quick Sell Manager. This is also an incentive to prospective buyers as well.If you are under review but cannot “afford” to keep your property then this may be an option for you. If you were under debt review and fell out of the problem and FNB are now looking to serve summons and then proceed with an auction of your property then why not take advantage of this program as it may reduce the possible shortfall and credit bureau issues.

Call 0860 33 55 44 to find out more

Debtplan is a niche based insurance service provider within the debt review industry. Our aim is not just to add value to consumers during their debt review process, by providing them with debt risk related products that can save them money, but also serving as the conduit between the debt counsellor and their client`s. Should you as a Debt Counsellor or consumer require further information on our products and services, please contact us on our toll free number 086 133 2875 or one of our relationship managers.

Eastern Cape:Ellen-Ed StoltzT: 041 922 87 36E: [email protected]

Western CapeSam Haasbroek T: 072 55 104 99E: [email protected]

GautengBianca MaraisT: 016 454 2300E: [email protected]

GautengCharlene Green T: 016 454 2300E: [email protected]

Call us on 0861 33 2875 www.debtplan.co.za FSP 30490

Debtplan is a niche based insurance service provider within the debt review industry. Our aim is not just to add value to consumers during their debt review process, by providing them with debt risk related products that can save them money, but also serving as the conduit between the debt counsellor and their client`s. Should you as a Debt Counsellor or consumer require further information on our products and services, please contact us on our toll free number 086 133 2875 or one of our relationship managers.

GautengCharlene Green T: 016 454 2300E: [email protected]

Call us on 0861 33 2875 www.debtplan.co.za FSP 30490

Good FAitH tErMiNAtioNSJudge blignaut to the rescue?

Many consumers and debt counsellors will find solace in the recent judgment handed down by Blignaut J on the 20th September 2010 in the matter of Mercedes Benz Financial Services South Africa (Pty)Ltd v Papan Gideon

Dunga in the High Court, Western Cape High Court Division where he made two important findings. The first finding relates to section 86(11)of the Act, namely that a casus ommisus had occurred in the drafting of the section of the statute. Through a process of statutory interpretation Blignaut J finds that by error the drafters of the legislation left out the words ‘High Court’ when drafting the legislation. He is of the view that the legislators clearly meant to say that an application for reinstatement of the debt review process could be conducted in either the High Court or the Magistrates court as not to do so would lead to an absurdity. This judgment is naturally welcomed by consumers as they can now oppose summary judgement in the High Court and at the same time apply for the re-instatement of the debt review process.

The second finding relates to terminations in accordance with the much vexed section 86(10) of the Act. Here Blignaut J finds that terminations can only be terminated if the termination is done in “good faith”. I extract paragraph 48 of the judgment: “The solution suggested by me is the

iNdUStrY

Good FAitH tErMiNAtioNS

implication of a proviso into section 86(10) to the effect that a credit provider may only terminate a debt review if he is acting in good faith. The implication of such a proviso would be consistent with the purpose of the debt review provisions of the NCA and avoid the unfortunate results of a literal interpretation. It would not jeopardise the workability of section 86(10) and it would fit in with the language of section 86 as a whole, in particular section 86(5)(b).” Blignaut J arrives at this conclusion by suggesting that the legislature implied the criterion of “good faith” as it is informed by the words “participate in good faith” set out in section 86(5)(b). 86(5)(b) is the section of the Act that compels the credit provider to negotiate in good faith. While Blignaut J does not go so far as to set out in his judgments the guidelines of what would constitute “good faith” he does say: “that in the absence of special circumstances I would not regard the termination of a debt review by the credit provider whilst the consumer is prosecuting it in good faith and in

a reasonable manner, as action taken in “good faith”. On the face of it, this judgement should be the end of all the termination troubles in the courts. Alas, this is not to be. On Friday the 5th November 2010 the Western Cape High Court was once again grappling with section 86(10). This time it was a full bench hearing the summary judgment application. Argument presented by counsel made reference to all the cases I have touched upon in the last few editions of this magazine, including the Blignaut judgment referred to above. Judgement has been reserved and I shall in due course be dealing with this judgment in detail. It is however noteworthy that the National Credit Regulator intervened in this matter and to a large extent agreed with the submissions made on behalf of the consumer. Consumers and debt Counsellors will be hoping that the three judges do too. Brett Carnegie

Debt Control Management (DCM) is a established company in the financial wellness industry of South– Africa. DCM has developed a comprehensive debt counseling Software system which assists debt counselors country wide in their everyday business. An exciting opportunity exists within the company for a results-driven, self-motivated and dynamic individual to become part of the DCM team in the Role of CARE MARKETING AGENT in the following regions:• KZN (Durban)• Western Cape (CT)• Gauteng (JHB)

duties• The Marketing and selling of the CARE Premiere Software (Bringing in New Business)• Give demonstrations regarding the CARE Premier Software to all interested debt counselors • Give training on the CARE Premiere Software.• Provide support to all Debt counselors with regards to the CARE Premiere Software in the relevant area of operation.

Qualifications and Experience• Grade 12• Practical experience and knowledge of the debt counseling process and have worked in the debt counseling industry• Practical knowledge and experience with debt counseling software (CARE, CAST, Octogen, ext)• Practical experience or formal qualification in

marketing/sales sciences

requirements• Own Transportation and code 8 drivers license• Results-driven • Good communication skills• Good interpersonal and relationship building skills.

remuneration• Negotiable with regards to experience• Basic Salary plus commission• Travel/Petrol and Cell phone allowance

to Apply please send CV’s [email protected] with the subject: CARE MARKETING AGENT and REGION for which you are applying.

Should you not receive any correspondence within 10 days after the closing date, your application can be considered as unsuccessful.

CArE SALES CoNSULtANtiNdUStrY JoBS

Purpose of the JobDeal with clients (Debt counsellors, creditors and clients) in and outbound queries in an efficient, professional and timely manner in accordance with the companies values and beliefs. Main dutiesNOTE: The duties and sequence thereof is depended on the nature of the query being handled. Furthermore each query is linked to a specific service level agreement, which needs to be complied by at all times. Duties must be done with customer service in mind.

• Send payment reports to DC’s, Clients and credit provider• Handling of all inbound and outbound queries on email and telephonically.• Check client report on DCM Smart by making use of DC’s Password Spreadsheet. • Check on Exception list why a payment was not done• Activation of Creditors• Check if clients are making payments on BSS and Debit orders• Check status of clients on CARE (Approved, loaded, active, ext.)• Request allocation of payments• Send creditor statements to DC’s and Credit Providers as per request.• Trace payments not reflected on client’s report• Reporting to Management• Ad Hoc Duties

Qualifications• Senior Certificate• Customer Service/ Call Centre Qualification• Relevant Financial Qualification will be an advantage

Experience• 1-2 years in a Queries/Call Centre environment • 1 year in the Financial industry will be an advantage

The NPDA was established in 2007 as one of the first Payment Distribution Agencies in South Africa. It is now the largest and most successful PDA in South Africa.Part of NPDA’s success is directly attributable to its team of talented and dedicated people. The NPDA culture has proven to be one of the key attractors of great people from a wide variety of backgrounds. The only qualities they share are belief in our company purpose of “Revolutionising debt management” and in our company values.

QUErY AdMiNiStrAtoriNdUStrY JoBS

Issue: 13 COB / F17.1:[email protected]; Proposals:[email protected] Debt Review Legal:[email protected]; Payments:[email protected] All queries and Complaints: [email protected]; Call Centre: 0861 111 402; Fax no: 011 981 8824; NCR Complaints: [email protected]; NDMA Complaints: [email protected]

DC Alert!

Target Audience: Debt Counsellors, The NDMA, The NCR, Attorneys 15 November 2010 ______________________________________________________________________ ID NUMBER FOR DOCUMENTS We are experiencing a considerably high and growing number of documents sent with no or incorrect ID numbers listed for the customer. This prohibits the smooth processing of documents by the relevant departments, and negatively impacts the turnaround times. In order for us to continue excellent service delivery to you, we urge you to please support us by submitting all communications with the customer’s correct ID number. In this manner, operational efficiency, quality of output, prioritization of matters and achievement of turn-around times will be greatly improved to the benefit of the customer and the Bank. Let’s Work Together! Janet Hofman Manager, Debt Review

Standard Bank Debt

Review

NEWS FLASHABSA…go slow? it could be your fault.ABSA recently communicated with DC’s to say that they are experiencing extremely high volumes of queries and requests coming through incorrect email and personal email addresses. This has severely impacted there turnaround targets and operational excellence. They stated in their communiqué: “Our Debt Review Call Centre is the frontline to our business and ultimately the first entry point for your queries and requests. You are encouraged to make use of these channels to ensure that your query can be tracked as it will be logged onto our systems. Queries and requests that are logged enable us to conduct trend analysis that will indicate areas of our business that need more focus and improvement. When in contact with the Call Centre, please make certain that you are issued with a reference number. You will need the reference number to follow up on your query.” ABSA are also concerned that court notices are not always received on time. Rule 55 of the Magistrates’ Court Act requires that papers be served 10 days prior to the date of the hearing. They ask DC’s and attorneys to notify them as far in advance as possible.

SdC Membership fees announcedYou may be wondering what the SDC are going to charge for membership fees.Please find the Fees information from the SDC website below:http://www.sdc-sa.co.za/ A once-off registration fee of R200.00 is payable to the SDC Thereafter a monthly fee of R150.00 per member is due.Payment of membership fees to be effected to the following account:Account Name : Society for Debt CounsellorsBank : First National BankAccount Number : 622 821 63999Branch Code : 261050Kindly use your DC No. as reference.

SdC revealedYou may be wondering who the founding members of the new Society for Debt Counsellors are.We bring you the names of the SDC Founding Committee:President Adv. A. Abrahams Vice-president Mr. J. George Treasurer Ms. L. Smith Assistant-treasurer Ms. M. Strydom Secretary Ms. M. George Assistant-secretary Ms. Y. Vermaak Legal (Internal) Adv. E. Abrahams Legal (External) Adv. R. Govender

iNdUStrY CoNSUMEr

dCASA AGM & ConferenceThe DCASA annual (GM) meeting was described by some as “an exciting event...almost 200 debt counsellors from across the country” attended.The slight sore point of the meeting was when the 46 ballot papers were issued to those members whose accounts with DCASA (in regard to fees) where in good standing. However that having been said those 46 ballot papers went to companies who reportedly represent over 100 000 (over 1/2) of the applications issued for debt review. It is difficult to verify this number exactly however it can certainly be said that all the “big boys” in the industry were there and took part in the voting process.

did you forget?All Dc’s were meant to submit their Quarterly Reports to the NCR on the 15th of November 2010(3rd Quarter)

SdC Looking for Branch representativesThe SDC will be hosting road shows throughout the country in 2011 and introducing DC’s to there local branch representatives at present these posts are still being filled.

Credit Management technology Conference held in Fourways, Johannesburg at the indaba Hotel (17th and 18th of November)From risk assessment practices to credit control conference focused on the fact that the use of technology is inescapable . Some of the topics that were covered include the following:Introduction to credit management technology; Global trends in credit management and payments technology; Role of information technology in credit management; Importance of credit risk management software for banking institutions; Overview of decision-making software to negate credit risk across the credit life cycle; Advancing credit risk management through the application of credit bureau technology; Improving credit management through the use of loan management system; Features and benefits of choosing the right loan management solution; Using technology in loan origination to streamline and manage key functions; Technology and debt collection introducing debt management systemsAll in all the conference was well received and highly informative.

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 AssistAndre Snyman Tel: 0861 628 628

Credit Matters021 431 [email protected]

darran [email protected]

debtbusters0861 663 328 (NO DEBT)

debtSafe0861 100 999

durban debt Counselling ServicesSuite 112, 1st floor Union Club Building353 Smith StreetDurban, 4001Tel: 031 301-7893Fax: 031 [email protected]

debt Counselling South AfricaCape Town BranchTel: 021 919 66 94Rod De WittNCRDC831Visit: www.debtcounsellingsa.co.zadebt Knowledge debt Counselling082 379 2337

debtonators041 585 0276

Fincorp debt Counsellors ccCecilia Zwarts [email protected]

Holistic debt [email protected]

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

MG Consulting For your Debt Counselling ServiceM.C. CambourisNCRDC1403Telephone: 021 919 4618082 450 7459

082 782 0595Fax: 086 622 0690Bellville

NdA debt CounsellorsYour Trusted Debt CounsellorsGary Williams (NCRDC 143)Tel: 034 315 3880 Fax: 086 612 [email protected] www.ndad.co.za

think Green debt CounsellingSandi [email protected] : 012 991 6638Cell : 082 460 7800Fax : 086 219 2615

incentive debt Counselling“Paving the way to a Debt Free Tommorrow”Darran Manikam NCRDC704Tel: (031) 409 9379Fax: (031) 409 1327Cell: 0845898286Branches: Phoenix and Shallcross

indigo debt counsellors CCTel: 087 808 9734 Fax: 086 580 8675 [email protected]

ramonti debt CounsellingJacob Ramonti - NCR DC 932Cell : 082 962 4537Fax: 086 658 7627Email:[email protected]

rihanyo debt Counselling(012) 804 50 57

SErViCE dirECtorY

BordEr rEGioN:

DRS EAST LONDONOffice: 043 7212 656

DRS KING WILLIAMS TOWNHarry LightCell: 082 573 5803Office: 043 643 3024Email: [email protected]

drS CrAdoCKHerman Marais Cell: 082 378 3743 Fax 045 838 6572Email [email protected]

drS QUEENStoWNHerman Marais Cell: 082 378 3743 Office: 045 838 9764Email [email protected]

drS MtHAtHAHerman Marais Cell: 082 378 3743 Office: 047-5323356Email [email protected]

EAStErN CAPE:

DRS ALBANYOffice: 041 365 5857

DRS ALGOACraig WheetmanCell: 083 299 0311Office: 041 364 1888Email [email protected]

DRS BOND CHOICE P.E.Office: 041 393 7000

DRS CENTRAL041 586 2020Email [email protected]

DRS DESPATCHOffice: 041 933 1189DRS HUMANSDORPOffice: 042 291 0135

DRS KIRKWOOD EXPRESSOffice: 087 8080 500

DRS PORT ELIZABETHOffice: 041 453 8961

DRS SIDWELL EXPRESSOffice: 041 451 0474

DRS SOMMERSET EASTLuther De BruynOffice: 042 243 1107

FrEEStAtE:

MANGAUNGZune CoetzerOffice: 051 436 4515Email [email protected]

SOUTH FREESTATEOffice: 053 591 0734

GArdEN roUtE:

DRS GEORGEOffice: 044 874 2820Email [email protected]

GAUtENG:

drS PrEtoriA CENtrALIvan MabuthuCell: 082 266 6210Office: 012 320 8304Fax: 012 320 [email protected]

DRS CENTURION EXPRESSOffice: 012 653 0127

DRS HARTEBEESPOORTOffice: 012 253 1231

DRS LIMPOPO CENTRALOffice: 015 297 1387

DRS PRETORIA NOORDOffice: 012 546 2187DRS ROODEPOORT EXPRESSOffice: 011 472 4171

DRS RUSTENBURG 083 740 4620

DRS ZAMBESI EXPRESSOffice: 012 7555 225

KWA ZULU NAtAL:

drS MorNiNGSidEEricah MtshaliCell: 076 578 8660 Office: 031 301 5993 email [email protected] DURBAN NORTH EXPRESSOffice: 031 584 6305

DRS GREYVILLEOffice: 031 309 8716

DRS KOKSTADOffice: 039 727 1430

DRS PHOENIX082 374 7040

WEStErN CAPE:

DRS BELLVILLEOffice: 021 948 8523 / 4

DRS DIAMONDOffice: 021 421 8563

DRS TYGERBERGOffice: 021 945 4062

DRS WEST COASTMarius CoetzeeCell: 082 978 4407Office: 022 713 3766Email [email protected]

Debt DRS SALDANHAOffice: 022 714 3939

DRS SOLUTIONS084 586 5600

SUPPort SErViCESU-Win debt CounsellorsCoreli RoosNCRDC509Aliwal North, Burgersdorp, Bethulie, GariepDam, Smithfield, SpringfonteinCell:079 626 [email protected]

Staff Line Ndizani Executive recruitmentCell no: 083 3028163Direct Line: (011) 468 - 2150E- Mail: [email protected]

Blank designFor all design and marketing needs including websites, brochures, business cards etc.Steve [email protected] 700 2020www.blankds.com

designtimesSouth Africa’s creative resourcewww.designtimes.co.za

FiNANCiAL

ABSA Customer debt repair Line0860 356 356

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]

Monte Carlo BuildingNo 8 VoortrekkerstreetKempton Park 1619

Kempton ParkContact: Reyno CoetzeeTel: +27 11 3945363Fax: 0866048002Cell: +27 73 [email protected]

Boksburg / GermistonContact: Armand PosthumusTel: +27 11 8921911Fax: 0865620378

NelspruitContact: Ann BakerTel: +27 13 7415559Fax: 0880 1374 15559Cell: +27 82 [email protected]

SpringsContact: 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.zaWiZArd 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

LEGAL

Brett Carnegie AttorneysTel: +27 (21) 4470332 Fax: +27 (21) 4470338 Mobile: +27 (0)82 320 6099 www.carnegielaw.co.zaPhysical Address: Suite 23(B) Unit 8 Waverley Business Park Mowbray 7700

LUCid AttorneysTel: 011 880 1100Fax: 011 880 1101Email: [email protected]/attorney

Ludick [email protected]

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 TownDocex 138 Cape Town t: 021 431 9127 f: 021 425 0875 e: [email protected]

CrEdit BUrEAUS

Compuscan 0861 514 131www.compuscan.co.za

Computer Profile Bureau0861 28 7328www.c-p-b.co.za

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

otHEr

Association of debt recovery Agents: 011 781 3337 www.adraonline.co.za

Banking ombud0860 800 900 www.obssa.co.za

Credit Bureau Association011 886 8519 www.cba.co.za

Credit Providers Association011 789 6825 www.cpa.org.za

department of trade and industry0861 843 384 www.thedti.gov.za

Financial Advisory and intermediary Services ombud012 470 9080 www.faisombud.co.za

Financial Services Board012 428 8000

www.fsb.co.zaFurniture traders Association 011 789 6770

Legal resources Centre011 836 9831 www.lrc.org.za

Long term insurance ombud021 657 5000 www.ombud.co.za

Micro Finance South Africa012 345 0809 www.mfsa.netMotor industry ombud012 841 2945 www.miosa.co.za

National Credit regulator0860 627 627 www.ncr.org.za

ombud for Short term insurance011 726 8900 www.osti.co.za

Pension Funds Adjudicator021 674 0209 www.pfa.org.za

South African Fraud Prevention0860 101 248 www.safps.org.za

the Banking Association011 370 3500 www.banking.org.za

SA FrAUd ProtECtioN SErViCE (FrEE SErViCE)www.safps.org.za0860 101 248

WorKSHoPS oN CoNSUMEr riGHtS & iNSoLVENCY

Prinsloo & Associates are presenting their second workshop specifically designed for debt counsellors:Date: Wednesday 20 October 2010Time: From 10h00 to 13h00Venue: The Bellville Library(tea/coffee/juice and food will be provided)Cost: FREE OF CHARGETOPICS:• 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 assetsPlease confirm your attendance:Nanika PrinslooEmail: [email protected] Cell: 072-8558-106

NCr Process and UpdateYou are invited to attend a workshop where the following topics will be up for discussion:Update on industry developments Relationships with stake holdersTerminations, After Care and collecting your moneyThere is no charge for this workshop which is for registered Debt Counsellors Only.

Where: Old Oak Bowling ClubTygervalley RD Kenridge ext 3 Bellville, Cape Town

When: 29th November 2010Time: 8:00 for 9:00RSVP: By 26th November 2010 to [email protected]

First come first serve - seats are limited

if you want to subscribe, advertise or be listed in our directory please contact us! [email protected]

Would you like your after care clients to recieve debtfree each month? All you need to do is forward us their email address to [email protected]