Practice area · 01

Debt Review

If your monthly debt repayments have become more than you can manage, there are legal processes designed to help. We explain your options in plain language and handle the legal side with discretion and without judgement.

Who it's for

Is this for you?

People who are struggling to keep up with their monthly debt repayments
People who are already under debt review and need legal assistance with their matter
Anyone who wants to understand how debt review works before deciding on a next step

How we help

How we can help

Debt review, also called debt counselling, is a process under the National Credit Act 34 of 2005 for consumers who are over-indebted. That means they can’t keep up with all their debt repayments on time from their income.

Ashleigh Cranke heads our debt review work. Ashleigh has a background in civil litigation and focuses on matters under the National Credit Act and other consumer-related matters. Nonhlanhla Mnguni also works on debt review matters.

Throughout your matter, we:

explain each step in plain language, including any legal terms
treat your situation with discretion and respect
keep you informed, so you can make fully informed decisions

The process

How debt review works, in general

This is a general overview, not legal advice. Every matter is different, so please talk to us about yours.

Assessment

A debt counsellor registered with the National Credit Regulator (NCR) looks at your income, expenses and debts to establish whether you are over-indebted.
Credit providers are notified

If you are over-indebted, your credit providers and the credit bureaus are told that you have applied for debt review. While you are under debt review, you can't take on new credit.
A restructuring proposal

A proposal to make your monthly repayments affordable, for example by extending the repayment period, is put to your credit providers.
Making it legally binding

The restructuring is made an order of the Magistrate's Court, or a consent order of the National Consumer Tribunal. This step involves a legal application, which is part of the legal work we do in debt review matters.
One monthly payment

You make a single monthly payment to a payment distribution agency, which pays your credit providers as set out in the order.
Clearance

When you have met your obligations under the order, a clearance certificate is issued and the debt review status is removed from your credit record. Special rules can apply to home loans.