Debt Counselling Program

How does Debt Counselling work?

Killaghy Debt Counselling is based in Sandton Johannesburg but operates nationally. The company offers support and assistance to people who are financially stressed and over indebted. 

Debt Counselling was brought into being by the National Credit Act 34 of 2005 and was implemented in June 2007. The programme was implemented to address an increasingly serious level of consumer financial debt in South Africa. Debt counselling is overseen by the National Credit Regulator (NCR) and the programme is available only to permanent residents of the country.

The Debt Counselling programme involves an assessment of the debtor’s financial situation, the structure and implementation of a suitable repayment plan which is acceptable to both debtor and creditor with ongoing oversight by the Counsellor while the debtor is on the programme. The repayment plan is structured after an agreed living expenses budget is structured for the debtor.

Once the debtor is on the debt review programme all contact by the creditor in respect of the matter must be via the Counsellor. The creditor may not contact the debtor directly.

Debt counselling is part of a comprehensive debt solution for clients who are earning an income but find themselves in financial distress.

Once a person is accepted onto the debt review programme no legal action may be contemplated or taken against that person – they are protected under the National Credit Act 34 of 2005

Over indebted: 

Being over indebted means the client is not able to meet some or all debt repayment amounts each month as contracted debt repayments exceed available income.  


Debt counselling does mean that the debtor is listed on the Credit Bureau as being “a person under debt review” thereby precluding and preventing the debtor approaching a financial institution for additional credit while under the debt review programme. He is NOT Blacklisted.  

* How do I know this is a legal process? 

Debt counsellors are registered with the National Credit Regulator (NCR) and receive an NCRDC number, which can be verified with the NCR. The Counsellors are audited by the NCR once a year. 

* How does payment of debt work? 

The Counsellor does not receive any payments directly but uses a third part Payment Distribution Agency (PDA) such as the Rand Bank controlled, Hyphen PDA used by Killaghy Debt Counsellors. Based upon the Counsellor’s restructure plan Hyphen will arrange for a single debit to be made to the debtor’s bank account each month and will then split that amount up in terms of the restructured payment plan arranged by the Counsellor.  

* Can I apply for more credit while undergoing debt counselling? 

While under the debt review programme clients may not apply for additional credit and are required to inform the debt counsellor of any changes in their financial situation. If there are meaningful changes in a client’s financial situation the debt review repayments may be reconsidered and with creditor agreement be revamped.  

* How long does debt counselling take? 

The period spent on the debt review programme will depend upon the repayment programme structured and this in turn is dependent upon the funds available for debt repayment. The philosophy is to get the client out of debt review as quickly as is financially credible but certainly within a maximum period of 5 years if possible. 

* Are there any hidden costs?

The client is liable for Counsellor, legal and PDA fees. The Counsellor upfront and legal fees are once off and paid in month one and two of the programme. In these months the creditors are not paid. 

An annuity monthly fee after care fee of 5% of debt repayments is payable for the duration of the programme to the Counsellor. There are no further costs involved in the process. 

All fees are collected and distributed via the PDA.  

* Can I cancel debt counselling once the process has been started? 

The process cannot be cancelled other than with the consent of ALL creditors or by order of Court. A Counsellor may only suspend the debt review and the debt review will remain in place until all outstanding Counsellor Fees and creditor debt has been repaid. 

Should a client decide to unilaterally abscond from debt review they will lose all legal protection provided by the National Credit Act and will be at the mercy of the creditors who will have full recourse to implement legal action against the client. 

 Debt counselling has the benefit of significantly reduced repayments, reduced negotiated interest rates, protection of the law via the National Credit Act and the oversight of the debt counsellor for the duration al of the programme. 

There have been numerous cases where the repossession and sale of client’s assets have been halted by the Counsellor and the client then placed on the debt review programme. The programme enables consumers to repay debt at a level they can afford while continuing to maintain themselves and their families. The programme provides protection from legal action by creditors and provides clients with peace of mind.

 

Is debt counselling the same as debt consolidation?

READ MORE about Debt Counselling VS Debt Consolidation

Accreditation:


Killaghy Business Solutions are Registered Debt Counsellors

NCRDC534

Debt counselling and debt reviews Johannesburg

Debt counselling and debt reviews Midrand

Debt counselling and debt reviews Sandton

Apply for Assistance:


The first step to get started is to complete our application form. Download the form below, complete it and mail it back to us.