National Credit Act, 2005 (Act No. 34 of 2005)

Regulations

National Credit Regulations, 2006

Chapter 3 : Consumer Credit Policy

Part D : Over-indebtedness, reckless lending and debt counselling

25. Letter of rejection

Purchase cart Previous page Return to chapter overview Next page

 

If a debt counsellor finds that a consumer is not over-indebted and makes a finding in terms of section 86(7)(a) of the Act, the debt counsellor must provide the consumer with a letter of rejection, containing the following information:

 

(1)Consumer’s full names, surname and identity number, if the consumer does not have an identity number, the passport and date of birth;

 

(2)Name, contact details and NCR registration number of debt counsellor;

 

(3)The basis for finding the consumer not to be over-indebted, including—
(a)calculated income considered;
(b)statutory and other deductions considered;
(c)living expenses considered;
(d)other debts considered.

 

(4)A copy of the assessment form.

 

(5)A statement advising the consumer of his/her right to approach the court in terms of section 86(9) within 20 business days for an order to be declared over-indebted, have agreements declared reckless and/or restructuring of his/her debt obligations.

 

(6)A statement advising the consumer that the application for debt review will be removed from all registered credit bureaux within 5 business days which will result in credit providers being entitled to take legal steps against the consumer.