Can debt review be removed? Understand the legal provisions, including repayment or court orders, required to exit debt review. Contact DCGsa for expert guidance today.
Can Debt Review Be Removed?
No, a consumer cannot voluntarily remove themselves from debt review once the process has been initiated according to the National Credit Act (NCA). Debt review is a legal process designed to assist over-indebted individuals, and its removal is governed by strict legal provisions.
When Can a Consumer Exit Debt Review?
After Full Repayment:
- Once all debts, excluding a home loan, are fully repaid, the debt counsellor may issue a clearance certificate in terms of Section 71 of the NCA. This is the only way to exit debt review after a court order has been granted. Receiving a clearance certificate is like pressing reset on your credit report. It removes any record that you were ever under debt review and removes all adverse credit report information, leaving you with a fresh start.
Before a Magistrate Court Order:
- If the consumer has been determined to be over-indebted but no court order has been granted, they may present new facts to the Magistrate Court. If the court finds the consumer not over-indebted, the debt review process ends, and the credit bureaus are updated accordingly. This will however affect your credit record as it will only remove the debt review flag and not any adverse information such as – missed payments, short payments or any other negative information regarding your credit profile.
When Can’t Debt Review Be Removed?
Voluntary Withdrawal:
- Once a consumer applies for debt review in the prescribed manner (Form 16), they cannot voluntarily withdraw from the process. The Van Vuuren judgment clarified that the NCA does not allow for voluntary withdrawal after application.
After a Magistrate Court Order:
- If a debt re-arrangement order has been granted by the court, the consumer must complete the repayment plan or obtain a clearance certificate to exit debt review.
High Court Orders:
- The Magistrates Court nor The High Court can terminate a debt review process or declare a consumer no longer over-indebted.
What Happens If a Consumer’s Financial Situation Improves?
When a consumer’s financial situation improves during debt review, they should increase their debt review payments or settle debts to shorten the repayment term. Taking these proactive steps helps them exit debt review sooner through a Form 19 Clearance Certificate, achieving financial freedom faster than initially planned.
Contact DCGsa for Expert Guidance
If you’re under debt review and unsure of your options, DCGsa can guide you with professional advice and support tailored to your needs.
📞 Call us: 086 100 1047
📧 Email us: help@dcgsa.co.za
💬 WhatsApp us: 061 432 8499
▶️ Watch our videos on YouTube: DCGsa Debt Counselling Group
Free Credit Check and Debt Assessment – Click Here.
Learn more on this News24 Article that our Debt Counsellor Casper le Grange was quoted in.
Learn how to exit debt review legally and effectively with Form 19. Expert advice from Casper le Grange, featured on News24.
Consumers gain a structured and legally protected pathway to manage and overcome over-indebtedness by engaging with a registered debt counsellor like Casper le Grange (NCRDC1560). The National Credit Act establishes a regulatory framework, and the National Credit Regulator enforces it to ensure debt counsellors maintain high standards of professionalism. This approach gives consumers peace of mind and a practical solution for achieving financial stability.
