1 reviews | Active since Jul 2016

28 Nov 2016, 09:41

Still on credit bureau

<p>I have witdrawn form debsafe a year ago fill in withdrawel form and sent tru when i check on the credit bureau i am still listed as under debt review i am not even paying insalments to them but i am still with them i read about withdrawel and if you withdraw the credit bureau is suppossed to be notified so that it can be updated within 5 days is like debsafe keeps you in prison or once you with them you cant get out I emailed and was said i will be assisted today i checked im still flagged so im not sure must i get my lawyers involved as debtsafe dont care.</p>

0
Replies (2)
DebtSafe
DebtSafe's reply28 Nov 2016, 14:19
Official

Good day,

In a recent High Court decision and a subsequent directive issued by the National Credit Regulator, it was ruled that a Debt counsellor cannot withdraw from a consumer nor can a consumer withdraw from a Debt Counsellor, unless the consumer is rehabilitated or transferred to another Debt Counsellor.

This implies that you will remain on the data base of DebtSafe and flagged under debt review unless one of the following occurs;

Request to transfer to another Debt counsellor of your choice to assist you further with debt review,
Re-activate your application with DebtSafe on terms and conditions that will be explained to you,
Once all your debt has been settled then you can send us paid up letters and your Clearance Certificate can be issued.

Please note that the we cannot assist you in exiting the debt review process, we can only guide you on the process to be followed when you want to withdraw/exit.

Once a determination has been made and Form 17.2 has been issued the Consumer cannot withdraw from Debt Review, the Consumer has to approach a Court to be declared not over-indebted and no longer under Debt Review.

When the debt counsellor receives the Court order clearly stating that the debt review court order has been rescinded or the consumer is no longer over indebted, the debt counsellor must:

(a) notify all the credit providers of same by means of the Form 17.W;

(b) remove the Consumer’s debt review listing on the credit bureaux and update the NCR accordingly

I trust you find the above in order.

Regards,

Roxanne de Klerk

OPERATIONAL MANAGER

DebtSafe
DebtSafe's reply29 Nov 2016, 08:04
Official

Good day,

Please kindly be advised that the Form 17.2 was e-mailed to you. The Form 17.2 is dated 10/06/2013 therefore you have been declared over indebted in 2013. I also sent you proof of all the documents sent in 2013.

A minimum legal fee is required for the matter to be referred to the Attorneys and due to the fact that your monthly repayment amount was only R886.00, the minimum legal fee was not received by the time our services were suspended.

Please understand that Attorney’s fees are costly and a minimum is required before the Attorney can start or proceed with an application.

Please note the Form 17.W states that we remain the debt counsellor on record.

Please kindly be advised that you will need to appoint an attorney in order to declare yourself no longer over indebted and once we receive the court order then we will update your record accordingly.

Kind Regards,

Roxanne de Klerk

OPERATIONAL MANAGER