If you are struggling with multiple debts, debt review might be a solution you have heard about. But what exactly is it, how can it help, and what are the implications? Debt review is a formal process governed by the National Credit Act that helps over-indebted individuals manage their debt. A registered debt counsellor acts as your middleman, negotiating with creditors to consolidate your debts and create a more manageable repayment plan.
Is debt review right for you?
Debt review can be a helpful tool. The circumstances under which someone may consider debt review include the following;
- You are struggling to make minimum monthly payments on your debts.
- You are facing creditor harassment or threats of repossession.
- You want a structured approach to managing your debt and achieving financial freedom.
How does debt review work?
Debt review is a structured process, and the entire process can take several months, typically ranging from 60 to 72 business days:
Initial consultation
Reach out to a registered debt counsellor. They will assess your financial situation (income, debts, expenses) to determine if debt review is the best course of action for you. Prepare documents like payslips, bank statements, and credit agreements to help the counsellor understand your financial standing.
Application and assessment
If debt review seems suitable, you will complete Form 16, formally applying for debt review with the National Credit Regulator. The counsellor will assess your situation and declare you "over-indebted" if your expenses significantly exceed your income, making it difficult to meet all debt obligations.
Creditor notification and negotiation
The counsellor will inform your creditors about your debt review application, triggering a temporary halt on further legal action (e.g., repossessions). The counsellor negotiates with creditors to lower interest rates and create a single, more affordable repayment plan that consolidates your debts.
Court order and payment distribution
Once a plan is agreed upon by you and your creditors, it is submitted to the court for approval. This court order formalises the debt review process. You will make a single monthly payment to the Payment Distribution Agent, a neutral third party responsible for distributing funds to your creditors according to the court-ordered plan.
Repayment and completion
Consistent monthly payments are crucial. Missing payments can jeopardise debt review and expose you to renewed creditor action. Once you have settled all your debts as per the plan, you will receive a clearance certificate, signifying your completion of debt review.
Benefits of debt review
Debt review presents a viable solution for people facing significant debt burdens. This framework offers a multitude of benefits that can significantly improve an individual's financial well-being.
Streamlined repayments
Debt counsellors negotiate with creditors to potentially lower interest rates, resulting in a more manageable single monthly payment. This frees up capital for essential expenses and fosters improved budgeting practices.
Debt consolidation
Managing numerous debts with varying due dates and interest rates can be overwhelming. Debt review simplifies this by consolidating all unsecured debts into one streamlined payment.
Ending creditor harassment
A significant benefit is the legal protection from creditor harassment. Upon entering debt review, individuals are shielded from intimidating calls and collection efforts, fostering a calmer financial environment.
Repossession prevention
A court order issued during debt review safeguards assets from repossession by creditors as long as the repayment plan is adhered to. This provides peace of mind and allows individuals to focus on debt repayment without fear of losing essential possessions.
Expert negotiation
Debt counsellors serve as intermediaries, negotiating with creditors on behalf of the debtor. This ensures rights are protected throughout the process and maximises the likelihood of securing favourable terms.
Shortcomings of debt review
Debt review presents a legal way to tackle debt, but it is not without its drawbacks.
Credit score hit
Debt review will be flagged on your credit report for the entire process, significantly lowering your credit score. Even after successful completion, the flag may linger for a period, making it difficult to borrow at favourable rates.
Limited access to credit
While under review, you'll be restricted from obtaining further credit, including credit cards, store accounts, or cellphone contracts.
Extended repayment period
Debt consolidation often involves extending the repayment period to lower monthly instalments. This can lead to paying more interest in the long run.
Commitment and potential risks
Missing payments can be disastrous. It can terminate debt review, exposing you to renewed creditor harassment and legal action. Debt counsellors charge fees for their services, adding to your overall financial burden.
Final thoughts
Debt review is a serious decision. That is why it is important to research thoroughly, understand the implications, and ensure it aligns with your financial goals before diving in. Law firms such as VHT Attorneys can assist you with existing debt review.
The Gawie le Roux Institute of Law offers a debt collection course where legal practitioners and paralegals can learn how to initiate and complete debt collection independently. This short course is also suitable for those who want to advance to the following roles: debt reviewer, counsellor, collector, recoveries or collections clerk, or collections assistant.
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