What is debt review removal in South Africa and who qualifies?
Debt review removal refers to the process of exiting the debt review program. Removing debt review is a legal procedure regulated by Section 71 of the National Credit Act 34 of 2005. This process is designed to help individuals who were previously under debt review but are no longer over-indebted and can now effectively manage their debt repayments.
It is important to understand that you cannot personally exit debt review, but you can enlist the services of our registered NCR Debt Counsellors to facilitate the process. If you find a debt review flag on your credit report, it can be removed, but you must first meet certain conditions. Therefore, a consumer under debt review can only be issued with a clearance certificate when one of the following has happened:
Debt review removal is a legal process. Successful candidates will require the expertise of our legal team of attorneys to get the debt review listing/notice removed from their credit report.
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How to remove debt review step by step
Exiting the debt review process and removing the debt review notice from your credit reports requires a court application made to the relevant Magistrates Court advising you are no longer over-indebted and must include your current financial circumstances as motivation.
A: The process to remove the debt review flag can vary depending on your specific circumstances and the processes involved in your jurisdiction. Here are some general factors that can influence the time it takes to remove the debt review flag:
Completion of Debt Review: If you have successfully completed the debt review process and paid off all the debts included in the debt review plan, the debt review flag should be removed relatively quickly. This typically happens within a few weeks to a few months after you’ve met all your financial obligations.
Court Process: If you’re pursuing a court order to exit debt review, the time it takes can vary depending on the legal system’s backlog and the specific court procedures in your jurisdiction. It might take several months to resolve your case through the court system.
Creditor Cooperation: If you’re negotiating with your creditors to settle your debts and exit debt review, the time it takes can depend on the willingness of your creditors to cooperate and the negotiation process. This can vary widely.
Documentation and Processes: The time it takes to remove the debt review flag can also be influenced by the completion of necessary documentation and administrative processes. Ensuring that all required paperwork is in order and filed correctly is crucial.
Credit Bureau Processing: Credit bureaus are responsible for updating your credit report to reflect the removal of the debt review flag. This process can take some time and may vary depending on the credit bureau’s procedures.
*Working closely with your appointed debt counsellor or any legal professionals is essential. They can guide you on the specific timeline and requirements for removing the debt review flag. Additionally, maintaining open communication with the credit bureaus can help ensure that the flag is removed promptly once you’ve met all the necessary conditions.
A: The cost of removing debt review can vary depending on several factors, including your specific financial situation, the amount of debt you owe, and the legal and administrative processes involved. Here are some potential costs to consider when attempting to exit debt review:
- Attorney’s Fees: If you decide to pursue a court order to exit debt review, you may need to hire an attorney. Attorney fees vary widely, so getting quotes and understanding the costs upfront is essential. Filing for a court order can also vary depending on your jurisdiction and the specific legal processes involved.
- Settlement Costs: If you negotiate with your creditors and settle your outstanding debts in full, you must pay the agreed-upon settlement amounts. This cost will depend on the negotiated settlements.
- Debt Counsellor Fees: If your debt counsellor provided additional services to help you exit debt review, there might be fees associated with their services.
- Additional Costs: Other administrative and legal costs may be associated with exiting debt review.
*It’s essential to consult with our qualified debt counsellors and attorneys specialising in debt review and debt counselling to understand your situation’s specific costs and requirements. We can provide a breakdown of the expenses and help you navigate the process effectively. Remember that the cost of exiting debt review should be weighed against the potential benefits of regaining control of your financial situation and credit status. Making an informed decision that aligns with your long-term financial goals is crucial.
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