Consumers are urged to be vigilant of debt counsellors engaging in the deceptive or misleading practice of placing consumers under debt counselling without their knowledge or consent. The National Credit Provider (“NCR”) said it received ‘’an alarming number of complaints’’ regarding this.
According to the NCR, some of the misleading
trends leading to the consumers signing up for debt review without their
knowledge or consent, include:
·
Consumers are contacted
telephonically where they are offered assistance on debt consolidation or
reduction of interests or instalments on their accounts. In other instances,
the caller would claim to be calling from the NCR or working together with the
NCR and the Government to assist consumers with their debts.
·
In most instances, callers
already have consumers’ information in respect of their obligations, thus
making consumers believe they are really working with the NCR and Government.
·
Consumers are misled to
provide and/or confirm personal information telephonically with the
understanding of providing same for something other than debt counselling (for
e.g. debt consolidation or reduced interest or instalment on accounts).
·
Debt counselling application
forms are sent to consumers via a link to their phone to sign electronically,
and all information obtained telephonically is later transferred to the Form 16
or debt counselling application.
·
Some consumers only become
aware of the debt counselling flag when they apply for credit, which is
rejected due to the debt counselling flag.
The National Debt Counsellors’ Association
reported that South Africans are owing about R2,5 trillion in outstanding
personal debt with around R70bn- R100 billions of this outstanding debt
belonging to consumers.
Speaking on Bush Radio’s Everyday People Show
on Monday, Timmy van der Grijp National Credit Regulator’s legal advisor at the
debt counselling department, said ‘’Debt counselling is designed to assist
everybody to be able to pay their debt even if they are struggling at home, and
to assist consumers and open dialogue to say ‘I have a problem, can we not meet
halfway and pay the creditors back’, and being in a position to keep the
household going.’’
Van der Grijp outlined the consequences for a consumer
who unknowingly gets placed under debt counselling
‘’You are being counselled in the current debt
to have rehabilitated in the future, but you have secured your assets, so the
credit provider cannot take you to court and that is what makes debt
counselling a good protection. When you are under debt counselling, you cannot
take further debt, because it will increase the debt and cause the current debt
to not be repaid.’’
On steps consumers should take if they receive
unsolicited calls offering debt consolidation or reduction service, Van der
Grijp said: ‘’There are good debt counsellors out there and is bringing value.
As a consumer struggling, it is important to get to the right one. First step
is to get a debt counsellor that is registered. Make sure there is an NCRDC
registration number with four letters e.g.
NCRDC2345; check it out on the website; visit their offices to see if it
is legitimate.’’
He advised consumers not to wait until the last minute. ‘’It gets to a tipping point where debt counselling is no longer an option for you, and if they cannot resolve it, then they will look at sequestration, which is something you do not want. Speak to a credit provider, and if you cannot cope, then see a debt counsellor.’’
If you suspect that you may be a victim, for more information or to report this prohibited conduct, contact the NCR Complaints Department on 0860 627 627 or Complaints@ncr.org.za
Done by: Mitchum George
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