Debt review can lower your monthly payments as well as provide you with immediate protection against any legal action. The benefit of debt counselling is that while you are in the process of paying off your debts, no legal action can be taken against you by your creditors. See below detailed step by step debt review process.
Click on the links below for detailed step by step descriptions
Applying for Debt Review through iNDC will ensure IMMEDIATE statutory protection against legal action from your creditors! Click on each step for more information
Consumer approaches iNDC
Contact us right away by filling out our 24 hour contact form or phone us on 087 231 7793 or SMS “debthelp” to 083 320 6805, or send an email to firstname.lastname@example.org.
We will evaluate your financial position, advise you on the Debt Solutions available to solve your problems, and get the wheels rolling immediately in order to get you protected in terms of The National Credit
iNDC notifies credit providers & credit bureaux via Form 17.1
Within 5 working days, we will send out a notification form 17.1 to all your creditors. You will be protected against creditor legal action for an immediate initial period of 60 business working days. You will not be blacklisted but only flagged at the credit bureau “as under debt review”, to ensure your protection.
Consumer may not incur any further debt (credit agreement) or use overdraft/credit card unless it is to consolidate debt.
You may not incur any further credit whilst under debt review, except to consolidate existing credit agreements; and this only with the written consent from you, your debt counselor and the bank. If you incur further credit on a credit facility (ex. credit card, petrol card, or overdraft account) the credit agreement may be excluded from the debt review process
Debit orders and payroll deductions will not automatically be cancelled. Please submit a signed, written instruction to each credit provider to cancel your debit orders/payroll deductions. A stop payment may be placed on your debit orders at your bank at a minimal fee.
Credit providers issue a certificate of balance to iNDC.
Credit providers must provide a certificate of balance to the debt counselor within 5 business days after receipt of the form 17.1 reflecting the outstanding balances and interest rates on each credit agreement.
iNDC confirms to credit providers whether consumer is over- indebted or not.
The final assessment is made to ascertain if you are over-indebted, in other words, if your total monthly expenses exceed your total monthly income. A confirmation is sent out to all your creditors by way of a notification form 17.2.
If consumer is over- indebted, iNDC and credit providers enter into payment negotiations.
Your new debt re-arrangement proposal will be submitted to your respective credit providers to negotiate a reduced payment, reduced interest rates and extended payment terms. It is important to note that the new proposal needs to include repayment towards interest, fees and charges as well as capital reduction.
Although the NCA is silent on the exact repayment terms the issue of a reasonable repayment plan has been deliberated by the NCR, Credit Providers, Debt Counsellors and the Courts. Based on these deliberations and recent case law the current interpretation by the Courts is that excessive repayment plans will not be accepted. In addition to this Credit Providers are opposing all unreasonable repayment plans.
The main objective is to get you debt free in the quickest possible time!
The creditors must indicate in writing whether they accept your new payment plan. A creditor cannot terminate the process if they do not accept the new payment plan, as long as you pay every month accordingly, and the matter is set down in court.
Consumer commits to a payment plan and makes monthly payments to a Payment Distribution Agent. (PDA)
Once we have implemented the new payment plan you will pay one monthly installment to a NCR accredited Payment Distribution Agency (PDA).
Payment Distribution Agent distributes funds in terms of the payment plan (or debt re-arrangement order when granted) to credit providers.
The PDA will distribute the funds to the respective credit providers according to the restructured payment plan.
Consumer ensures that credit providers receive regular monthly payments as agreed in terms of an accepted proposal (or debt re-arrangement order when granted) to avoid termination.
It is of imperative importance to ensure that regular payments are made in terms of the debt re-arrangement plan. If regular payment is not received, if late payment is made, or if no payment is made, that credit agreement may be terminated from debt review by the credit provider.
Matter is set down in court by iNDC (credit providers may oppose the matter in court if agreement is not reached.)
iNDC will instruct our specialist Debt Review Attorneys to apply to make your new debt re-arrangement plan an order of court. You will not have to appear in court, but you will be asked to sign a confirmatory affidavit, which will be included in our application.
The process is finalized by the granting of a debt re-arrangement order.
A consent order is granted by the court which will vary the repayment terms and installments due under the original credit agreements.
Consumer’s financial position is to be reviewed annually by the iNDC
iNDC will revise your financial position annually.
iNDC issues a clearance certificate when debt is settled.
On the settlement of all your credit agreements, iNDC will issue a Form 19 Clearance Certificate to all your credit providers and the Credit Bureaux. Your name will be cleared, and you will be able to apply for credit again
Our Debt Counselling experts are in a position to negotiate and restructure your debt payments with your creditors. The restructured debt repayments will be based on funds you have after your expenses have been paid. Lower repayments are achieved through negotiating lower interest rates and longer payment periods with your creditors.
Debt Review not the answer? Another option is Voluntary Sequestration – more info here