GG
Glenn G

1 reviews | Active since Feb 2022

20 May 2025, 10:47

Forcing you under debt review when never under debt review legally

This is just pathetic, where the consultants do not listen, cannot point you into the correc reference documetation and when you get frustrated with their inability to effectivley communicate they tell you not to get rude,

Here is my story: 1. I have been a long time client with ABSA, and have 3 credit cards with them, which has always been up to date and relativley significant credit limits attached to them. 2. Due to unforseen circumstances, we where caught in a situation wherein we needed to look at a Debt Review process, in May 2024, up to the 12th April 2025, there was NO COURT ORDER INDICATING that we are over indebted and subsequent to that because our circumstances changed dramatically for the better, the court declared us NOT OVER INDEBTED, and therefore the process was cancelled as per a court order. 3. Having engaged with ABSA initially on the 13th May 2025, I was catagorically and in no uncertain terms that EVERYTHING WILL GO BACK TO NORMAL AND THAT I WILL HAVE FULL ACCESS TO MY ACCOUNTS WITHIN 4 DAYS. 4. After a week I call ABSA to determine now what the deal is on my credit cards, to only be told that I was and am under debt review, that I will never get access back to my accounts again and that I must just pay it, so effectivley ABSA FORCES YOU UNDER DEBT REVIEW WHEN YOU HAVE NEVER BEEN OFFICIALLY DECALRED OVER INDEBTED BY A COURT OF LAW. 5. The consultant says the the accounts need to be reinstated by Debt Review Department, the Debt Review Department states I must call legal, legal says I must call debt review department so effectivley ABSA has absolutely ZERO knowledge as per how the law works here. 6. Based on the fact that all we have is a repetitive around about on how we need to apparently not resolve this and given the fact that ABSA forces me under debt review when I was never legally declared over indebted, and a court said it is not possible for me to be over indebted and that I need to have access to my accounts again, ABSA needs to furnish me clear cut terms and conditions stating that my accounts will NEVER be reinstated in order for me to take the matter to the Ombudsman and have them review the same.

It is crazy to think that ABSA says you are over indebted when infact, you where never delcared the same, and a court order proves other wise, so the process never went further than that and they are stuck in the fact that accounts that where NEVER delinquent are a problem.

PATHETIC.

0
Replies (2)
GG
Glenn G's update20 May 2025, 12:17
Reviewer Update
Thanks Russell, however, all I want is for you to issue me the terms and conditions of the actual accounts in question wherein it clearly and catagorically states, that when a customer, is under debt review, wherein I just wish to advise, I was NEVER declared over indebted by a court, subsequent to this a court reviewed my documents and clearly and catagorically stated the following:

"After having read the papers and having considered the matter the following order is made:
1. The inital finding of over indebtedness be rejected, or dismissed interms of section 86(6) read with sections 87(1)(a) and sections 88(1)(B) and that the consumer are declared to not be over indebted.
2. That the consumers are to resume to maintain their cotnractual obligations under all remaining credit agreemetns"

ABSA Subsequently responded to state"
"Absa Distressed Customer Solutions hereby confirms that an application for debt review (“Form 17.1”) in terms of Section 86 of the National
Credit Act (Act 34 of 2005) has been received.
Absa has reviewed and validated the request to remove the consumer from debt review and all relevant debt review indicators have been
removed from the consumer’s profile on our internal system.
Debt Rescue is also required to notify the National Credit Regulator and all credit bureaus that the consumer is no longer under debt review.
Once notified, the credit bureaus will remove the “under debt review” flag from the consumer’s credit profile.
The terms and conditions of all credit agreements remain in full force and effect until the debt(s) has/have been settled in full."

READ THE LAST SENTENCE OF ABSA's RESPONSE.

Now, All I need is the terms and conditions, stating that you as ABSA has declared me over indebted, that you do NOT want to issue me full access to my credit agreements, which will constitute as a breach of said credit agreement on your part, and I will then argue this in court, additionally, the accounts where NEVER in arrears until the actual debt review process commenced, and subsequent to this, was caught up by myself directly, so in my professional view, ABSA seemingly has a problem here.

If the terms and conditions on the said credit agreements do not make clear, cut and catagorical differentitaion herein, then you are in for a serious problem. I have also started compiling a complaint with the NCR in respect hereto and advised my attorney to review the same and take the neccessary steps, based on ABSA's response, I will have the credit agreements written off merely on breach on your part.

Thanks
Glenn
GG
Glenn G's update23 May 2025, 09:49
Reviewer Update
So I received a reponse from ABSA to state that the obvious and what I already dont know as quoted below:

Dear Glenn

We refer to your complaint forwarded to our office regarding your Debt Review matter.

The complaint was referred to our Debt Review Department, which advised our offices that you were cleared from Debt Review on 19/05/2025 as per the attached letter and the same was forwarded to your Debt Counsellor.
All relevant debt review indicators have been removed from your profile on our internal system.
Debt Rescue is also required to notify the National Credit Regulator and all credit bureaus that you are no longer under debt review.
Once notified, the credit bureaus will remove the “under debt review” flag from your credit profile.
I trust that you will be satisfied with the outcome and level of service I have provided to you, and if so the complaint will be closed on our system by 16h30 today. If for any reason you are not satisfied with the outcome and require further assistance please let us know and we will reopen and review the matter.

Regards

What this demonstrates is that ABSA is actually AVOIDING the crux of the matter here and did not address the aforementioned complaint and actuality in said complaint, and thus leaves me no choice but to take further action to claim breach of contract on their part, which will be more detrimental to ABSA than me, additionally, my request for my credit agreement documentation has also not been forth coming, demonstrating in no uncertain terms that ABSA knows what will happen as their terms and conditions do not state what they are attempting to do.

Additionally a further complaint will also be logged with the NCR and Banking Ombudsman as the matter has not been addressed and as per ABSA the complaint will be closed at 16:30 today, absolutely atrocious and utterly pathetic to state the least.