Can I cancel my debt review in South Africa in 2020?
At Libertine Consultants, we understand that debt review is not an easy process. Even though our clients realise that they need to make big changes in order to get their finances under control, it can still be tough to tighten a belt that was already pretty snug to begin with. As such, we often hear the question ‘Can I cancel by debt review?’.
Today we’ll take a look at how a recent South Gauteng High Court ruling has impacted on the laws that were already in place pursuant to the South African National Credit Act. We have found out more information about voluntary withdrawal from debt review
WHAT DOES THE SOUTH AFRICAN LAW SAY ABOUT CANCELLING DEBT REVIEW?
A case that recently went before the South Gauteng High Court, Hermanus Janse Van Vuuren v Neil Roets & Others (case number 37407/2018), required the court to answer the question of whether a consumer who has been declared over-indebted can have their debt review set aside.
After much deliberation, the bench decreed that there are three sets of circumstances in which a consumer can legally withdraw from debt review. These were described as follows:
HOW & WHEN YOU CAN EXIT DEBT REVIEW VOLUNTARILY
Upon application for debt review and before the debt counsellor makes a declaration of over indebtedness via a Form 17.2(b).
Once a declaration of over indebtedness has been made via Form 17.2(b), but no debt review court order has been processed yet, the consumer can still present additional facts to the court together with their debt counsellor's proposal to facilitate a rejection of the initial over-indebtedness proposal.
Once a debt review court order has been granted, the only way to exit debt review legally is for the consumer to repay all their short-term debt, excluding long-term debts
So, there you have it – the legal ways of withdrawing from debt review voluntarily. If you need any clarification on any of these terms, please get in touch with a Libertine Consultants representative.
However, while we have you, we do want to make a point of stating that doing what you need to do to complete the debt review process is always the best course of action. Once you get to the point where all repayments of the debt that was outlined in your debt review order has been achieved, you will be issued with a debt clearance certificate.
This, in combination with a healthy credit score, will pave the way for a more prosperous future and allow you to enter into new credit agreements if you need to do so in future. Besides – there is a certain kind of pride and joy associated with finishing something that you started. It’s a confidence booster of note!
Now you know. Keep an eye on the blog in the coming weeks and months for more expert insight into managing your finances and living a rewarding, debt-free life. In the meantime, if you would like to learn more about our credit services and debt services, please feel free to get in touch with Libertine Consultants. We are here to assist you in paving the way to a more financially secure future.
