March 2012 Debtfree DIGI theDCI Special Edition

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www.debtfreedigi.co.za Debtfree South Africa’s debt counselling magazine March 2012 Payment Distrubution Agencies

description

theDCI version of Debtfree DIGI. SA's Debt Counselling Industry Magazine. This issue is all about PDA's and theDCI consumer petition.

Transcript of March 2012 Debtfree DIGI theDCI Special Edition

Page 1: March 2012 Debtfree DIGI theDCI Special Edition

www.debtfreedigi.co.za

DebtfreeSouth Africa’s debt counselling magazine

March 2012

Payment Distrubution

Agencies

Page 2: March 2012 Debtfree DIGI theDCI Special Edition

We, the undersigned, debt counsellors and consumers, call upon all Financial Institutions to stop trying to undermine, demoralize, challenge and break the debt review process. On behalf of our consumers, consumers who have been affected and consumers who believe in their rights and the rights of others, we ask that you stop with your intimidation, harassment and bullying tactics.To stop with illegal termination tactics, to stop visiting consumers at their homes while you try to install fear that their debt counsellors have not done their job correctly. This being done while you try and force them to sign an AOD

and get them out of the debt review process. To stop deceiving consumers by informing them that their debt counsellors are stealing money, that the debt review process is not working and that the consumers are incurring further debt pertaining to your interest charges. To stop misleading consumers by pretending that you are allowed to offer a debt counselling service. Stop worsening any past, present or future consumers situation by misrepresenting the truth.We insist that you start to act in Good Faith both towards the debt counsellors and all concerned consumers.

Consumer Petition

TO SIGN UP http://www.facebook.com/pages/Sign-2-Unite/327470733965318

http://www.gopetition.com/petitions/stop-banks-acting-in-bad-faith.htmlhttp://www.facebook.com/pages/theDCI/218268998238689

theDCI invites all Debt Counsellors, Debt Counselling associations and consumers under debt review to sign the petition. This petition is also for consumers who are not in debt review but who believe in rights of people that are in debt review. Any consumer who

believes in this petition can sign and help us make a difference.

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As summer turns it’s tail and thousands of sweaty Argus cycle tour riders limp back to work, we really find ourselves deep into 2012. If you are now still writing ‘2011’ in the date section on forms, then you really haven’t been paying attention.

March has seen theDCI petition to stop the banks acting in bad faith getting more and more signatures. However 86(10) letters continue to pour out of computers at the banks and stress for consumers and Debt Counsellors follows hot on their heels. This termination frenzy has become a BIG focus in the industry and theDCI

EDITOR

CONTENTSEditors notes

News

PDA’s

Consumer Petition

To PDA or not to PDA

PDASA

Letter from a reader

NPDA

The Consumer Protection Act

Letter to the industry

Service Directory

03

05

10

20

23

26

28

32

37

38

41

want you to add your voice to the call for this behavior to stop. More about that in this issue along with links for you to go sign the petition. Have you got 4 minutes to potentially change the whole industry?

Even the Banks are feeling the pinch in 2012. Standard Bank is said to be retrenching over 1000 employees in weeks to come. One wonders if they will be stripping their debt review departments down and replacing staff with machines that auto print 86(10)s ? Let’s hope not.

This months magazine focuses in on the money side of the industry, namely the Payment Distribution Agencies (PDA’s). We take a look at each of them and what it is they do. Some people love ‘em and others...not so much. We hope this issue gives you a balanced look at what PDA’s can and cant do for you.

Whether you use a PDA or not, we hope that this month sees you one step closer to financial freedom and that beautiful debt free holiday you deserve!

http://twitter.com/Debtfree_DIGI

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Is it time to expand your Debt Counselling practice?

Do you need specialist Attorneys with a national footprint?

Do you need expert advice on how to protect your practice and your clients?

Are you informed about recent statutory and legal developments within the industry?

Attorneys servicing individual needs

Pretoria: +27(0)12 998 9117 www.hauptearle.co.za Nelspruit: +27 (0)13 752 7084

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Alliance of Professional Debt Counsellors now recognised by the NCRThis month saw the Alliance of Professional Debt Counsellors (All Pro DC)- a representative body for Debt Counsellors -being officially recognised by the National Credit Regulator (NCR). All Pro DC members assist troubled consumers country wide and you can find help at www.allprodc.org For more information email [email protected]

DCASA update website & launch online forumMarch saw the Debt Counselling Association of South Africa update the look and feel of their website www.dcasa.co.za. The site is now much more user friendly. DCASA have also launched an online forum - which is open to the public - the forum discusses all things debt review related. To visit the forum: http://www.dcasa.co.za/forum/

CPE Change Banking detailsIf you are a consumer under debt review and your funds are being distributed via Consumer Protection Excellence (CPE) Payment Distribution Agency then be aware that they have changed their banking details as of the 1st of March 2012.CPE have sent out SMS and email messages to all clients informing them of the new bank account and have provided Debt Counsellors

with a short confirmation letter from Standard Bank in this regard. CPE are in the process of changing all clients over to stop orders in order to minimize the amount of unallocated funds occurring from incorrect reference numbers used by clients when making cash payments. They have asked Debt Counsellors if possible to start assisting their clients in changing over to stop orders to their new account number during the change over period.

Trouble at the NCRWe all know that the National Credit Regulator (NCR) has taken a knock with all the investigations into …irregularities recently. The past while saw Gabriel Davel former NCR CEO suddenly leaving and then Peter Setou soon under investigation. Now it seems that Sivo Pather, the Chief Financial Officer at the National Credit Regulator has got himself into trouble. He has now also joined the list of suspended NCR staff. The suspension follows shortly after NCR board chairman Trevor Bailey called in Ernst & Young (E&Y) auditors to investigate staff complaints about tender irregularities. Sivo has been accused (by his own staff) of unilaterally changing the terms of an IT contract and going contrary to the instructions of the NCR board. Apparently Sivo was authorised by the board to renew a tender

NEWS FLASHINDUSTRY CONSUMER

For daily debt counselling news visit www.debtfreedigi.co.za

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Bitech is recognized as the leading Debt Counsellor (DC) software system supplier:

• Simplicity is rich in functionality and caters for all DC requirements effortlessly.

• Simplicity is leading edge technology and we stay at the forefront of development - we are on top of our game.

• The system is fully integrated with Hyphen PDA, which provides you, the DC with an uninter-rupted and efficient service with no manual intervention and in total control.

• Some features of the system are absolutely unique, for example the ability to create custom-ized legal documentation instantaneously.

• Bitech prides itself in its after sales service and support for its DC’s - this is as important as the excellence of Simplicity itself.

• Hyphen PDA is a division of Hyphen Technology (Pty) Ltd, which is wholly-owned by the FIR-STRAND GROUP - financial soundness is important when considering a PDA!

• The PDA is top of its game and is unrivalled in the collections and payments space.

• Hyphen PDA essentially operates with the use of banking systems (iSeries mainframe comput-ers) and the PDA and the Payments Engine are fully integrated - as a result you will seldom, if

ever, query the status of your collections or payments.

• The reports generated are everything a DC will need to manage the business- reporting is immediate, current and always available.

CONTACT BITECH

016-9875004 / 016-9875006 / 016-9872369bitech.support@iafrica.comwww.bitechsystems.hypermart.net

CONTACT HYPHEN PDA

011-3030060 ext [email protected]

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with Praxis (an IT company ) for one year (Valued at R1.6-mil) but Sivo supposedly just went ahead and extended the contract to four years (with a value then of R4.6-million) instead. To make things more juicy, the owner of Praxis is Yugasen Naidoo, who is Sivo’s wife’s cousin. Sivo has now been suspended along with his nephew, Denver Naidoo, who originally joined the NCR as an IT officer and is now head of that department. Some of the staff in Sivo’s department are saying that when Sivo was told he was suspended he supposedly came into the office and threatened them, saying he would “deal with them” if they sold him out to the investigators. Maybe he did not realise who had made the allegations and asked for the investigation in the first place.Besides nepotism there are other allegations that have been made about abuse of company resources. Supposedly Sivo has been accused of taking his extended family (of 20 or more) on a holiday to Spain at the NCR’s expense. Ahhh family holidays...That is not the end of the family connections it seems. It could be that Khesini Pillay the NCR’s management accountant is also a relative of Sivo’s…although that has to be confirmed – but allegations have been made and are now being investigated. It is hard to find out since Khesini is now also on suspension.The offices must be quite quiet with all these suspensions or maybe they are busy with all these auditors and investigators walking around. Either way this can only inhibit the NCRs capacity at the moment.How could someone get away with behavior like that (if it is true), you ask. Well, sadly some NCR employees have spoken to E & Y and accused Nomsa Motshegare (acting NCR CEO) of protecting him though they brought

complaints to her. The NCR are saying that no further information can be released till further investigations have been made. Who knows, maybe they will issue Sivo with a compliance notice?

National Credit Tribunal (NCT) presentation in Cape Town March 2012Members of the National Credit Tribunal (NCT) team made their way to Cape Town during March to not only hear a matter regarding a statement entry dispute between one of the Big banks and a consumer but also to present information to Debt Counsellors and consumers. The presentation was made in Cape Town CBD on Monday 12th March. Attendance was poor. Though many Debt Counsellors had RSVP’d sadly only a third of those who said they would attend actually bothered to show up. When the same presentation was recently made in Pretoria there were 33 Debt Counsellors in attendance. If you would like to know more about the NCT or would like to download application forms to have matters heard by them then head over to their website at: www.thenct.org.za

March has a themeMarch is international Consumer Rights Month and the 15th of March is known as World Consumer Rights Day. Maybe you didn’t notice. The National Credit Regulator (NCR) has urged consumers to be aware of their rights when it comes to their credit agreements. “It is your money and therefore, it is your right as a consumer to have full knowledge of all credit agreements you enter into,” says Education & Communications Manager at the

NEWS CONT.

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WE OFFER: - Collection & Distribution in terms of the National Credit Act 34 of 2005 in lieu of the Debt Review Process. - Nationwide network of independent Registered Debt Counsellors to assist over-indebted consumers. - Call Centre & Legal services - Collection services on all non-payers where CPE is the service provider. - Newsletters, Training Courses, Training Manuals, Newsflashes with latest updates.

Debt Counselling Software Eminence is the ultimate Debt Counselling software. This user-friendly program enables you to capture

consumers and restructure their debt. Restructured payments will be distributed to consumers’ Credit Providers accordingly by Consumer Protection Excellence.

Features of Eminence include:

• Client Distribution statements are available on the system 24/7 • Alarms & Alert feature to help you keep track of a client`s application status • Automatic generation of Form 41 and Form 42 • Automatic merging of all documents pertaining to the debt review process• Detailed Fee reports as well as an Age Analysis of paying clients available on the system 24/7 • Email all relevant documentation directly to credit providers from the system • Bulk SMS feature to remind your clients of their upcoming payment dates • Four different types of manual calculations • Export all documentation directly to MS Word or MS Excel or PDF

Contact us now for a 30 Day free trail period! You’ve got nothing to lose!

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NCR, Cornie Tema. Under the National Credit Act, consumers have the right to receive information and documents in plain, simple language. “This means that the content, meaning and importance of the documents must be easy to understand.

New Western Cape All Pro DC committeeDC’s in the Western Cape met in Parow during March to choose a committee to organise activity in the Cape. 3 members were chosen (as Chair person, Dept. Chair and Secretary). This follows after similar appointments were recently made in PE and Pretoria.

Nedbank to meet with Gauteng Debt Counsellors on 26th March 2012Nedbank are hosting a meeting in Gauteng at their venue in Muldersdrift, on 26th March 2012. Two sessions have been scheduled: First session: 10h00 – 12h00, Second session: 13h00 – 15h00. This invitation is open to all registered Debt Counsellors. For more info please contact [email protected]

NDMA CEO makes seemingly disparaging comments about Debt ReviewNDMA CEO, Mz. Magauta, has recently made seemingly disparaging comments about the debt review process and who should make use of it, such as: “The debt counselling process can give relief in extreme cases of over-indebtedness, but it is not meant for everyone and can be expensive and time-consuming. We’d like to see consumers being offered alternative self-help and voluntary options that are more affordable.” The NDMA - a credit

provider representative body - has, in the past, been accused of being set up by credit providers, such as the Banking Association of South Africa, to divert consumers away from debt review. Comments like this seem to lend credence to such speculation. It is hoped that with industry co-operation from creditors the cost and length of debt review applications will reduce. The NDMA can help consumers try to make arrangements with their creditors and are currently helping many debt review consumers and Debt Counsellors resolve issues with creditors. www.ndma.org.za

NEWS CONT.

http://twitter.com/Debtfree_DIGI

Want news hot off the press?

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This is a question Debt Counsellors hate to hear. Why?... Mainly, because Debt Counsellors do not ever handle a consumers money. Yes, they help consumers budget their money. Yes, they help make proposals to creditors about money. They then take those proposals and responses and make a recommendation to Magistrates who actually restructure consumer’s debts. However they don’t touch consumers money.*

If someone is handling money there is always the possibility that something can go wrong. I am sure you have heard horror stories of people running away with consumer’s money. Debt Counsellors want to isolate and protect themselves from that danger (and temptation). Thus most DC’s make use of a Payment Distribution Agency to handle the money side of things for consumers. In fact, it would be more accurate to say that DC’s use software that links to Payment Distribution Agencies and helps them make proposals and arrangements regarding consumers payments however it is the consumers themselves who make use of a PDA to distribute their money.

The National Credit Regulator (NCR) has so far accredited and appointed 5 different Payment Distribution Agencies to assist consumers in making payments to their creditors as well as to their Debt Counsellors. At the moment four PDA’s are actively trading namely: CPE, DC Partner, Hyphen and NPDA. African Bank PDA, which was operational in the past, recently decided to close shop showing that running a PDA is not the same as “printing money”.

When a person enters debt review they are not taking a payment holiday or running away from their debt obligations rather they are making arrangements to regularly pay creditors a new reduced set amount each month. Through PDA’s consumers can make just one payment (which makes a consumers life so much easier) to the PDA and then sit back and let the PDA else worry about paying all their separate accounts. It is not far fetched to see consumers with over 20 different accounts they need to pay toward each month. As you can imagine just running around arranging to make 20 payments can be stressful and time consuming. How easy it would be for one payment to slip through the cracks and be missed.

PAYMENT DISTRIBUTION AGENCIES

INDUSTRY CONSUMER

*Some Debt Counsellors do actually handle consumers funds. However the NCR do not recommend this.

“What have you done with my money?”

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Debt review is all about consumers regularly repaying their debt obligations to creditors but who keeps a track of all those payments and account balances? After all, debt review can last several years. This is a HUGE issue as credit providers, strange as it may seem , often do not allocate funds they receive and sometimes have no idea of who is paying them. Sometimes money can sit in holding accounts for months or even years before been allocated to the correct accounts. Since some bad creditors stop sending consumers statements when they enter debt review consumers can’t see if funds are being correctly allocated. (This is often true even when using a PDA)

Another issue is tracking account interest and payments to determine when the debt is actually paid up. Surely the Credit Provider will be able to figure this out you say. Well, sadly not always. As consumers go to court and obtain a Court Order which restructures their debt, the original rates and figures need to be changed on the Creditors side. Despite the fact that the Major banks are huge multi billion Rand corporations with software which tracks money, interest and payments, it has become evident in the past few years that they are often unable (or perhaps unwilling) to make adjustments on their computers to reflect the new arrangements. This results in huge differences between what the figures should be and what the banks computers say they are.

For example:

Mr. Consumer has an account with x Bank for R100 which he is paying off at R10 per month. The account has an interest rate of 25%.

After negotiation with the DC x Bank agrees to reduce Mr. Consumers repayment amount to R5 a month instead of R10. They also agree to reduce the interest portion to: 10% (- thanks guys that was nice of you)

So Mr. Consumer begins to pay R5 each month. However even though x Bank have agreed to the change strangely they don’t or can’t change their computers records regarding the interest rate.

Months go by during which time Mr. Consumer gets a court order showing that he must now only pay R5 at 10%. The Order is sent to x Bank but gets lost in the works or simply filed somewhere.

x Bank because of their inability to change other parts of their computer program don’t even send Mr. Consumer a statement each month. He does however gets a monthly report from their PDA which shows how much money should still be owing on each of his accounts.

Finally the time comes when the debt will soon be paid off. The PDA report shows that only R5 remains to be paid. Yay!

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Naturally Mr. Consumer gets happy and calls the bank to check on the figure. Now he gets a huge surprise (and not the good type) X Bank tells him he now owes R120

How can this be?

Well x Bank’s computers have still been adding 25% interest each month (instead of the agreed 10%) and showing Mr. Consumer is short paying by R5 each month.

What now?

Well, here is where the use of a PDA really comes into it’s own. If Mr. Consumer had been paying the bank directly himself and maybe sometimes keeping the slips...sometimes not, then how could he prove what had been paid? Could he use a calculator and work out the compound interest over all the months in between?

That can be real tricky. However with the assistance of the PDA (and normally the DC as well) Mr. Consumer can ask the bank to review its record and calculations. If they get funny about it he can even ask the NDMA or NCT to get involved.

Do the PDA’s help consumers out of the love of their hearts? No, they are businesses and they do charge fees. These fees have changed over the years. Originally the NCR published a circular (NCR DEBT COUNSELLING CIRCULAR No. 6 OF 2008) which said that the fees for such transactions would be covered by the

Creditors: ‘The credit providers have agreed to carry the costs of distribution at a set fee per amount being distributed. Consumers will not have to carry any costs of distribution.’ But ...that did not ever work out. Obviously the NCR spoke too soon and the Creditors were not prepared to pay to recover their debt. Maybe it was just to complicated for their computers to work out. (Debt Review is, by the way, the largest free collection service that creditors have access to in SA)

Then the fees changed so that the consumer (rather than the creditors) would now have to cover the amounts as set out in NCR Circular #6. This went on for a while and recently there has been a new change to a flat rate of 3% of the monthly amount repaid by the consumer going to the PDA. There is a minimum of R50 and a maximum of R500 built into that 3%.

Normally a consumer will pay 5% of their monthly debt repayment to the DC and 3 % to the PDA.

8% is in fact much cheaper than charges for Administration which can add up to over 20% of the monthly repayment amount.

There has been conflict in regard to this fee structure as while it seems to benefits consumers at first later in the process- as they have less accounts left to pay - it then seems to prejudice them. The subject is being discussed and further PDA fee structure changes loom.

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We currently serve Gauteng and surrounding areas only. Only exceptional cases in other areas will be considered.

Westcliff White House, 54 The Valley Rd c/o Jan Smuts, Westcliff, Johannesburg. Tel: 011 215 0039 (direct) 011 215 0000 (switchboard) 072 616 1099 (company cell)

SAinDebt Solutions (Pty) Ltd. Reg. No. 2007/023854/07

The Alternative SolutionThis service was specifically designed to assist Debt Counselor’s Clients

(New, Existing or those clients that do not qualify).

Who can we help?Clients that own property.

(See Residual Value Calculation at www.saindebt.co.za)

Cost to Client?Professional advice, quotation and presentation at no cost.

For more information contact:Carin Papenfus / +2772 616 1099 / [email protected] [email protected] / Website www.saindebt.co.za

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Starting FREE of Charge Practical Legal Training nationwide to debt counsellors and staff from end of April 2012

HISTORYOne of the first PDA’s accredited by the NCR. Survived internal issues and continued to operate. Market leading software

CONTACTShare Call: 086 012 3646Telephone number: (018) 294 2120Fax Number: (018) 297 1913Customer Services [email protected]

www.cpepda.co.za

SOFTWAREEminence

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HISTORYIntroduced web based front end software which could be accessed country wide. Has grown from a staff of 3 to over 60. Weekly distributions.

CONTACTTel: (044) 873 4530Fax: (044) 873 4998Email: [email protected]

www.dcpartner.co.za

COMPATIBLE SOFTWAREDebt Wise. The new Live system allows DC’s to see what the PDA sees.

PHYSICAL ADDRESS 59 Victoria StreetGeorge6530

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HISTORYThe PDA commenced business in September 2009.

Hyphen Technology (Pty) Limited has been in existence for 14 years and forms part of the FirstRand Group, one of the leading Financial Services Groups in South Africa.

Active supporter and member of PDASA, PASA, NDMA and DCASA.

CONTACTT: +27 (0) 11 303 2455 C: +27 (0) 82 557 0437

www.hyphen.co.za

COMPATIBLE SOFTWARE2 Debt Counsellor System suppliers are fully integrated with Hyphen: Bitech - Simplicity System, Maximus.

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HISTORYIn operation since 2007 when they were approved by the NCR as a PDA.

Part of the Tradebridge Group of companies part of which is DCM.

Has claimed the largest market share of DC’s using their PDA services.

PHYSICAL ADDRESS 93 Lyttleton rdClubview Centurion

COMPATIBLE SOFTWARECare Premiere

www.dcmgroup.co.za/npda

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No longer trading

HISTORYAfrican Bank PDA fought a long up hill battle in the face of prejudice as a Credit Provider. Eventually gave up in 2011.

SOFTWARESpreadsheets

NEXT: To PDA or not to PDA

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So Debt Counsellors want specialised ATTORNEYSwho can sort out all their DEBT COUNSELLING needs...

RM Brown& associates

www.rmbrown.co.za

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DEBT COUNSELLORS:Consumers look to us as their guardians, support structure, advisory council and at times, their last option of hope. If YOU cannot take the time to care enough about your consumers and this industry, maybe it’s time to rethink your profes-sion. 4 minutes in one of your days to expose the truth is the best deal you will ever get. Sign to Unite.

http://www.facebook.com/pages/Sign-2-Unite/327470733965318http://www.gopetition.com/petitions/stop-banks-acting-in-bad-faith.htmlhttp://www.facebook.com/pages/theDCI/218268998238689

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UNITED WE STAND

www.thedci.co.za

CONSUMERS:Do you get nervous when people from the bank phone you and say things like “ your debt review is cancelled”? Are you tired of getting letters from creditors who you are paying through debt review threatening you? You can help all debt coun-sellors to make the difference that is so needed. Your voice needs to be heard so that the banks CEO’s will understand the truth of YOUR reality. Sign to Unite.

http://www.facebook.com/pages/Sign-2-Unite/327470733965318http://www.gopetition.com/petitions/stop-banks-acting-in-bad-faith.htmlhttp://www.facebook.com/pages/theDCI/218268998238689

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Debt review and distribution software.Proud Software provider to DC Partner, Payment Distribution Agency.

https://debtwisesolutions.co.za

Debt Wise Solutions

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Read the National Credit Act closely and you won’t find the term Payment Distribution Agency anywhere. It is unsure what the legislators had in mind when it came to paying debts but perhaps they thought they could not dictate to consumers how to pay their debts while under debt review. Maybe they thought consumers would pay their debts directly to creditors exactly as they had before entering debt review...who knows? However the National Credit Regulator has, for many years now, advocated the use of PDA’s.

Some Debt Counsellors willing make use of the services of a PDA and see incredible benefit in not only the software that the PDA’s provide (which helps draft proposals to creditors) but also the convenience of not having to handle consumers money. Handling someone else’s money is a weighty thing. One which makes most people nervous. So PDA’s provide peace of mind as well.

Other Debt Counsellors see PDA’s as a pet project of Gabriel Davel , former CEO of the NCR. They are not happy to see interest generated on consumers funds, held in the PDA’s account before they are distributed, slated to go to the NCR rather than to the consumer.

With only around half the consumers under debt review currently making use of a PDA to

handle their debt repayments, it is clear that both DC’s and consumers are in two minds about the subject.

The NCR continues to encourage Debt Counsellors to use PDA’s. The reasons seem obvious. It is much easier for the NCR to regulate a small number of PDA’s than thousands of individual consumers. They can monitor them for fraud as well as gather statistics from them. Of course, there is also the possible interest portion which could go to the NCR’s coffers. Extra funds which could then be used to supplement government funding allowing the NCR to do more consumer education etc.

The recent conflict regarding the industry code of conduct for debt counsellors is about more than which association a DC belongs to. After all most industries have a code of conduct. Many DC’s object to the proposed code that the NCR sent out dictating the use of a PDA .

Code of Conduct - Debt CounsellorsContentious points for some

2.1.16 Use the PDA’s accredited by the NCR

2.2.1 Adopt and implement... PDA payment Plan Summary...

2.3.6 load the repayment plan with a PDA...

TO PDA OR NOT TO PDAIS IT EVEN A QUESTION?

INDUSTRY CONSUMER

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The NCR has recently started to include the use of a PDA into the terms and conditions for new DC’s. The NCR is even incentivizing DC’s to sign the code by sending out new stickers to those who do. They have said they will indicate whether a DC has signed the code on their website database. The implication has been that the NCR would not recommend a DC who has not signed the Code of conduct to consumers. However with many DC’s complaining that they never get recommended by the NCR anyway and the unreliability and inaccuracy of the NCR’s Debt Counsellor online database this seems an empty threat. If true though, some ask: would such a course of action be contrary to the Competition Act...maybe?

Some DC’s, who have been around for a long time now, face a renewal of their terms and conditions of registration. When they first became Debt Counsellors they were not required to make use of a PDA. It could be that their previous Terms and Conditions merely said that they - the debt counsellor - had to make use of a PDA and did not mention anything about consumers using one. Though the NCR has tried to pressure these DC’s to agree to use a PDA - and many have been happy to do so, due to the benefits - some DC’s have gone to the National Credit Tribunal to argue the point...and have reportedly won the right to choose whether to or not.

Several versions of the conditions of registration now exist and the wording of some versions can be a bit vague. The questions is: can the NCR (or DC), under the authority of the NCA, compel a consumer who is not regulated by the NCR (over whom they have no authority) to make use of any particular service provider

or method of payment or might they then be in contradiction of the precepts of the Consumer Protection Act (and maybe even the Competition Act). After all, it is the consumer who makes use of a PDA each month to distribute funds. (Other functions are used by Debt Counsellors eg. proposals and reporting functions)

Conditions on the Registration as a Debt Counsellor in terms of Section 44 of the National Credit Act no 34 of 2005

While older conditions of registration don’t mention use of a PDA some newer versions may say something like this:

B. Specific Conditions:1. The Debt Counsellor may not receive payments from consumers in respect of debt obligations that were re-arranged in terms of the Act or distribute such payments to credit providers. All payments from consumers in respect of debt obligations and/or debt counsellor fees must be received and distributed to the respective parties by a Payment Distribution Agency approved by the National Credit Regulator.

The Specific conditions are imposed for the following reasons:1. To prevent a Debt Counsellor from being involved in payment distribution if such a Debt Counsellor does not have adequate staff, infrastructure, systems or procedures in order to safeguard the funds, efficiently distribute funds or account for such funds.

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In this example, the specific reasons given seem to indicate that if a DC did have enough staff and infrastructure etc. they could approach the NCT to allow them to act in this capacity.

Some DC’s are encouraging their clients to make use of the services of attorneys with accredited trust funds to distribute payments to credit providers. They claim they are dissatisfied with the services offered by PDA’s. Others suggest that consumers pay their creditors directly.

What is of particular concern is where a DC is accepting funds from a consumer and then charging them to distribute those same funds. Some DC’s have been called to book by the NCT for charging consumers 10% of their monthly debt repayment as a ‘handling fee’. Some naughty DC’s were charging a total of 18% of the consumers distribution monthly toward various fees. (At present the PDA’s only charge around 3% with a built in cap).

There are even horror stories about DC’s taking consumers funds, not doing the work and even running away with the money. The value of PDA’s then seems clear. However PDA’s are not totally immune to this threat either . One PDA caught out an unscrupulous staff member who is now serving a 15 year jail sentence for stealing funds from consumers. The PDA decided to carry the cost of the lost funds even though for complicated reasons their cover refused to pay out. This selfless act obviously greatly assisted the consumers but the theft has caused a lot of complications with regard to their matters.

The CPA:A DC can suggest to their consumers that they use a PDA [ service provider] and they can show the benefits thereof. They can even say which PDA they would like the consumer to use and give all the reasons therefore but they need to allow consumers the right to choose a service provider or to even not make use of one.

If we go even further down the “rabbit hole” there are deeper issues relating to what fees can be charged as per the NCA and the legality of any institution publishing fee guidelines etc. Do the PDA fee structures need to be revisited as they may prejudice consumers in the long term? Can the NCR or a DC dictate to consumers as to how they must distribute their own money to their own creditors? Can a Debt Counsellor tell consumers they must make use of a particular PDA?

Ask five different DC’s and you will get 6 different answers. Surely these are questions that only time and a few court cases will sort out. Ahh... to PDA or not to PDA? That is the question.

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Recent media attention has thrown the debt counselling industry back into poor light. But accredited Payment Distribution Agents say they’re working within the system to the benefit of consumers, debt counsellors and credit providers.The National Credit Regulator (NCR) currently has four accredited Payment Distribution Agents through the Payment Distribution Agent Association of SA, PDASA. Accusations that accrued interest is being misappropriated by these agents have resulted in PDASA welcoming any investigation by government into the industry.PDASA spokesperson, Abrie Duvenage says any interest accrued by funds within the distribution system are held on behalf of the NCR, and declared to them on a monthly basis. Stringent service level agreements between accredited agents and the NCR don’t allow agents entitlement to any interest on their trust accounts. Agents derive their revenue from a regulated fee structure as stipulated by the NCR.

“All accredited and approved NCR Payment Distribution Agents were awarded their licences following a vigorous tender process by which systems, business processes and other capabilities were tested,” says Duvenage. “All Payment Distribution Agents adhere to the industry code of conduct and our mandate is to collect funds from consumers in order to pay these to their creditors based on a revised payment plan as calculated by the Debt Counsellor.” The accreditation of Payment Distribution Agents whose systems are tested prior to approval, have the ability to receive plans from Debt Counsellors, store these plans for the duration of the Debt Review, validate all the referencing according to the Bank’s Rules of Validation, collect funds by means of Debit Orders and Naedo, or receive deposits albeit Cash, EFT’s and Stop Orders, pay Creditors under the defined reference rules, report to Debt Counsellors, Consumers ,Credit Providers, The National Credit Regulator as well as rendering full Call Centre facilities to all stakeholders.

CONSUMERS, DEBT COUNSELLORS AND CREDIT PROVIDERS BENEFIT FROM ACCREDITED PAYMENT DISTRIBUTION AGENTS

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Registration conditions of the NCR accredited Debt Counsellors now specify the use of accredited Payment Distribution Agents as part of the Debt Counsellor’s conditions of registration. A previous court case (NCR vs. DMSA, Gyor Pols) ruled that the National Credit Regulator has the power to appoint a Payment Distribution Agent.Payment Distribution Agents currently collect funds for more than 65 000 debt review consumers on a monthly basis, distributing in excess of R230m a month to more than 3 000 credit providers. They are required to report monthly to the NCR, creditors, debt counsellors and consumers, while adhering to Reserve Bank regulations pertaining to third party payment agents and system vendors.

“The protection of Consumer Trust Funds is a highly regulated environment supported by means of comprehensive Fidelity Insurance in order to protect consumers,” says Duvenage. “Streamlined processes and the convenience of a single payment to all creditors, along with stringent reporting requirements to the NCR, are major benefits of accredited Payment Distribution Agents. We work for the benefit of consumers, Debt Counsellors and Credit providers and will continue to provide the debt review fraternity with an effective and secure collections and payments mechanism”.For more information please contact The Payment Distribution Agent Association (PDASA) on 012 674 1055 or email [email protected]

Speak to us for effective, affordable & ethical Legal Services! Our Managing Director, Nicky Campbell, is an expert in Consumer and Credit Law, having

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CONTACT [email protected], telephone (011) 367-0695, mobile 074-112-0076 or submit your query

online at www.legalrights.co.za

Page 28: March 2012 Debtfree DIGI theDCI Special Edition

Dear Debtfree

Over the past few years, I have made use of several Payment Distribution Agencies. I was registered in Aug 2007 and my conditions do not mention anything about PDA’s but I have made use of several now.

First I made use of NPDA (from Sept 2007 to April 2008)Here were the problems i had:Care - their Original Program caused several serious problems . They had no backup in place for the software and the PDA itself did not have a separate backup for each DC. When my computer crashed in February 2008 I had no means to make a backup of my data.

Fortunately Dave from DCM helped to rebuild my database, which took several days. I had to wait for a disc to reload my data, which was send to me via speed post. Original program had many flaws. for example it allowed the first month’s payment period to be different from the normal proposal, allowing settlement of small outstanding amounts. However these payments were never done, thereby leaving you with a small account not being settled and not being part of the proposal. Every time you made an alteration to the proposal you had to run a new scenario. Some of my clients had more than 10 scenarios

LETTER FROM A READERThe use of a PDA does not mean that a Debt Counsellor and consumers will have a problem free existence when it comes to making payments to creditors. We asked one Debt Counsellor to tell us about her experiences. She has made use of almost all the different PDA’s over the years.

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in a very short time period, leading to total confusion, and these were sometimes used as an excuse as to why the payments were not distributed as per the intention of the Debt Counsellor. I was therefore forced to do reconciliation on each of my clients and found, to my shock, that some distributions were totally incorrect. e.g. I had a client with a vehicle account and several other accounts of which Edgars was one. I found that one month, Edgars received the whole distribution and none of his other creditors received any payment including the Vehicle Account. The program was also designed to allocate a higher installment to the creditors with the highest interest rate leaving Home bond accounts with little money. This created another problem: When creditors reduced the interest rate on counter proposals and this was adjusted on the program the installment also reduces, sending more money to the higher interest rate creditors - therefore changing the proposal again even the accepted installment of the creditor who reduced the interest rate. Back in 2007/2008 we had to wait weeks for distribution reports Next was CPE from APRIL 2008 - MARCH 2009I must say the Debtpro system worked well and was user friendly. The big problem was with payments.

Although clients and creditors informed us and CPE that payments were not reflecting, CPE refused to admit there was a problem. CPE blamed the creditors for not allocating the monies and changing the procedure ongoing. Yet we had the same problem with small individual creditors as well. Something was wrong - the DC just did not know what or how to prove this. After many complains CPE told me to inform my clients that they would meet with them in Nelspruit and bring a full report and proof of payments to reassure them that their payments were being distributed. On 6 April 2009 two ladies came all the way from Potchefstroom to Nelspruit - My optimism was short lived however they brought the WRONG FILE. The info they brought belonged to another DC. So, the problem continued and again I had to move my clients to African Bank PDA. Proof of payments from CPE for the period NOV 2008 - FEB 2009 is an ongoing problem. All DC should take note and request proof of payment for all their clients over this time period - I am still busy with this task and find to my horror that most of my clients payments were never done and are only done WHEN you ask proof of payment. Resulting in payments for Nov 2008 being done Dec 2011.

OK, we all know what happened to our clients money and the issues they had. The problem is however that according to CPE they have corrected this. Unfortunately I personally found in many cases the money has still not been paid over to the creditors.

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Next I moved my clients over to African Bank PDA (March 2009 - July 2011)The problem with African Bank is that they never had software or a program, resulting in manual spreadsheets where human errors came in on a regular basis. They were all very friendly and helpful but these errors made it impossible to continue using them as a PDA. The biggest problem is however that I have never received any actual Proof of Payment. Only distribution reports were sent out. African Bank PDA did however resolve any problems directly with a creditor when needed. There were some irritating problems due to the need for manual input. With two of my clients the incorrect creditors were loaded (e.g.: Capital Data instead of Capitec Bank). I am still struggling to rectify this. The PDA are still requesting a refund for the incorrect payment to then pay the correct creditor instead of taking responsibility and just paying the correct creditor in the mean time while they resolve the matter. Another pivotal issue was that yearly escalation in the consumer’s payments were not activated, resulting in the creditors not receiving the correct installment after the first year. When we mentioned this we were requested to forward court orders to them. To my shock they reloaded payments to again start at period 1. African Bank PDA did not last though and I had to once again make a move to another PDA. This time to DC Partner. In Fact, even before African Bank informed us of their closure - From the end of 2010 onward I started to load new clients onto DC Partner’s system.

DC Partner All i can say is no real problems... yet. I only have bit of a problem when clients cannot pay the total installment in one go and make an additional payment a week later. They seem to have a problem to add the two payments together and keep on reflecting these payments as a default payments otherwise I enjoy using their program and there is no problem with the payments, proof of payments or reports. I can only hope I will not have to make another move in the future as it is very stressful and causes complications for consumers.

Michelle

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Debt Counselling

Administration

a nightmare?

Consumer Assist Support Services is a unique service to accredited debt counsellors, which includes:

Legal administration, including attorney payment administration

Automated communication to debt counsellor and client

Full view of client interaction on web-based system

Informative work sessions for debt counsellors

For more information, call us on For more information, call us on 0861 628 628 or visit www.consumerassist.co.za.

We can help

Consumer Assist is a member of the DCM Group

Page 32: March 2012 Debtfree DIGI theDCI Special Edition

During 2007, the National Payment Distribution Agency (NPDA) became the first Payment Distribution Agency (PDA) to be accredited and approved by the National Credit Regulator (NCR). “Since then the business has been leading the market and today the majority of all registered NCR Debt Counselors depend on our secure, reliable and efficient collection and payment mechanism for their debt review practices”, says Abrie Duvenage, General Manager at the NPDA.

The NPDA is part of the Tradebridge Group of Companies (two major shareholders of the Trade-Bridge group include Dimension Data and Medscheme).

As a member of the Payment Distribution Agent Association of S.A (PDASA) and Payments Association of SA (PASA) they are best positioned in the industry to meet the Service Level Agreements prescribed by the NCR, and also to add value throughout the whole debt counseling process.

Duvenage says “We understand how the ever changing face of the industry can be challenging for Debt Counselors, therefore we have adapted to the needs of our clients.

In doing so, the NPDA has successfully combined a cutting edge system with service excellence in a drive to provide our client base with the ultimate practice management solution.”

He further says “With our fully integrated front-end software Care Premier, offered via our partner company Debt Control Management (DCM), Debt Counselors can now do so much more than just calculate proposals and arrange secure payments to creditors. Designed as an integrated system, all payment plans and collection mandates are forwarded electronically through to the NPDA, providing us with the capability to seamlessly facilitate more than 2.5million secured EFT transactions per annum.”

Secure Payroll deductions yielding 97% collection success rates, differentiate the NPDA from their competitors, as it is their view that a payroll deduction is proved to be the most successful collection method available. This service is currently provided through DCM , a specialist in the Garnishee collection and Payroll environment for the past 10 years. Other NPDA collection methods also include, AEDO, Stop orders, EFT, Debit orders and cash.

NPDAA Secure, reliable and efficient PDA service. That is what they offer at the National Payment Distribution Agency

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As an additional service, their collections desk will follow-up on defaulted payments at no extra charge in order to ensure client retention for all stakeholders in the long term.

An advanced Web portal query system works hand-in-hand with highly competent back office staff, meaning less time has to be spent dealing with queries and more time can now be spent growing your DC practice.Various monthly reports pertaining to all financial transactions affected are available to the Debt Counselors, Creditors, Consumers as well as the National Credit Regulator. “Our fully automated daily practice management report pack empower our Debt Counselors to grow their businesses and manage key metrics within the process on a daily basis,” says Duvenage.

Today The NPDA has a national footprint ensuring both large and small Debt Counselors receive impeccable service tailored to their specific needs.

What sets them apart is their commitment to provide individual service to each Debt Counselor, their specialized collection methods as well as their continued investment

in systems in order to provide their clients with the ultimate practice management solution. “Our aim is to partner for long-term sustainable growth”

For more information on South-Africa’s largest Payment Distribution Agency, please contact Raleen Jooste, Public Relations Officer at the NPDA on 0861 628 628(213) or email [email protected].

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NCR accredited payment distribution agency

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As one of the five NCR accredited PDA’s (payment distribution agency’s) DC Partner has been part of the debt review industry since August 2008. Situated in George in the Western Cape, we are also the only PDA south of the Orange River.The systems, infrastructure and staff of DC Partner have been exposed to collection and distribution of payments for the past decade.DC Partner strives to render services of the highest standard to customers.DC Partner makes use of excellent software, provided by Debt – Wise. The PDA module is locally based and inherently linked to the Debt – Wise Debt Counseling software, which is internet based. Consumer information seamlessly passes from the Debt Counseling System to the Payment Distribution Agency.We are very excited to announce that we have integrated our PDA distribution system with the Debt-Wise front end software. The distribution system was developed to integrate into the Debt-Wise software in such a manner that the user will not need to change anything in their systems, but could just continue with their day to day work and would see the distribution side as an additional tab on their home screens.

At this stage we are systematically moving all our current clients to the new system and this goes hand in hand with in office training by one of our skilled training officers.Our main focus during the planning and creating of this system was to maximize data availability and accuracy. The DC can log into the system from anywhere in the country and with the click of a button he/she will be able to see what is going on in their dedicated PDA trust account, which clients made payments within the last 1, 2, 8 or even 24 hours, what fees are due to be paid to him/her, which files have distributed, which clients are in default. We do daily distributions on this system and it is therefore important to make the system as user friendly and interactive as possible as things happen very quickly.This will enable the DC to always see and be on top off what is happening to all of their clients and react, if needed, immediately.DC Partner offers free in house training at any location in the country and we will also give all interested DC’s free access to our system for a trial period of up to three months.

For any further queries please feel free to contact our offices at any time.DC Partner George OfficeWillie Boshoff – [email protected] Steyn – [email protected] Joubert – [email protected] 873 4440, 044 873 4530, 044 873 4532DC Partner Gauteng OfficeFrancois Van Zyl – [email protected] De Vos – [email protected] 348 7624

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Remember

Don’t forget to show your NCR Registration Certificate as a Debt Counsellor to all new consumers that you meet.

It clearly identifies you as authorised to opperate as a Debt Counsellor and is probably part of your terms and conditions.

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Pre – authorisation of repair or maintenance

Gone are the days where a service provider could give you an estimated cost and then later claim a higher price. eg. Mr. Audi takes his car for service to Mr. Mechanic. Mr. Audi asks for a quote from Mr. Mechanic, and receives an estimate of R2,500.00. Later, when Mr. Audi goes to collect his car, Mr. Mechanic informs him that the actual cost is R 7 500.00.

The CPA clearly states that Mr. Mechanic should have obtained a per-authorised order to continue with the work (if it would cost more than quoted). A lot of consumers are now in dire straights because of such behaviour (especially when it comes to vehicle repairs) and it is interesting that this requirement of the CPA was included to protect consumers against ruthless service providers.

Section 15(2) of the CPA does not apply where the consumer, in writing, authorised the service provider to act accordingly. The service provider may however not change the value of the service provided, unless the consumer has been informed of the change in the price and has authorised such extended service by the service provider.

One often finds that service providers will bend backwards to get the work, but beware of the day that payment is actually required – then you could get a total different story about the price.

So, if on the day you are informed that you can collect your vehicle but discover that for some reason the quoted amount has changed and now exceeds your budget, you now have legal recourse. Unfortunately, the service provider would have a retention right on the vehicle. However, with the original signed quote in your pocket, you can approach a court for help. The CPA now protects consumers against these kinds of unscrupulous practices. I am sure that a court would favour the consumer in a case like this (if it even got that far - the threat of legal action might be enough to resolve the situation).

The moral of the story is to get a signed quote for any repair work on the vehicle. Where additional work is necessary (and you are informed in advance) why not agree to it. If the new increased quote is reasonable, that is. That way, both parties are sure of where they stand in advance.

Adv Hennie v [email protected] www.legalissues.co.za

A CLOSER LOOK AT THE CONSUMER PROTECTION ACT 68 OF 2008 - PART 3

INDUSTRY CONSUMER

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Some thoughts regarding the IndustryTo quote the NCA:

1. Section 19 Governance of National Credit Regulator

(1) The National Credit Regulator is governed by a Board, consisting of a -

(a) member designated by the Cabinet member responsible for finance, to serve until substituted by that Cabinet member;(b) member designated by the Cabinet member responsible for housing matters, to serve until substituted by that Cabinet member;(c) member designated by the Cabinet member responsible for social development matters, to serve until substituted by that Cabinet member;(d) Chairperson appointed by the Minister;(e) Deputy Chairperson appointed by the Minister; and (f) not more than six other members, at least two of whom must be knowledgeable on consumer matters, appointed by the Minister.

Question: Was there ever a Board as required in terms of Section 19?Question: If the NCR did not previously have a Board but only had a CEO (i.e. Gabriel Davel) were the decisions of the CEO correct? What power did the CEO have/had and where did he get his instructions from? Who did the CEO report to? Did the CEO report to the Minister as

required in terms of Section 18? (In the event that the CEO did in fact report to the Minister said is deemed to be public information as per PAIA and should be made public to all concerned parties.)

It is clear that all negotiations and forums (eg. DRAC), as well as, guidelines (Industry Code and Code of Conduct) that have been instituted by the previous CEO was done without following the correct procedure.

It can therefore, be submitted that no effect should be given to any of his decisions nor can any of said decisions be forced onto any person. Only a board has authority to make a resolution and instruct its sub-ordinate (CEO) to enforce it.

I refer again to the NCA as well as the CPA and Constitution:

2.1 Section 12 Establishment of National Credit Regulator

(1) There is hereby established a body to be known as the National Credit Regulator, which -(a) has jurisdiction throughout the Republic;(b) is a juristic person;(c) is independent and subject only to the Constitution and the law;(d) must exercise its functions in accordance with this Act;

LETTER A letter to the Industry regarding the NCR and PDA’s from Raynard McLaren

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(e) must be impartial; and(f) must perform its functions –(i) in as transparent a manner as is appropriate having regard to the nature of the specific function; and(ii) without fear, favour, or prejudice.

2.2. Section 3 Purpose of Act

The purposes of this Act are to promote and advance the social and economic welfare of South Africans, promote a fair, transparent, competitive, sustainable, responsible, efficient, effective and accessible credit market and industry, and to protect consumers, by - (a) - (i)

2.3. Constitution of South Africa Chapter 2 Bill of Rights

• Section 9 EqualityEveryone is equal before the law and has the right to equal protection and benefit of the law.

• Section 33 Just Administrative actionEveryone has the right to administrative action that is lawful, reasonable and procedurally fair...

2.4. Consumer Protection Act (Debt Counsellors are suppliers of services)

• Section 8 Protection against discriminatory marketing

(1) Subject to section 9, a supplier of goods or services must not unfairly -

(a) exclude any person or category of persons from accessing any goods or services offered by the supplier;(b) grant any person or category of persons

exclusive access to any goods or services offered by the supplier;(c) assign priority of supply of any goods or services offered by the supplier to any person or category of persons;(d) supply a different quality of goods or services to any person or category of persons;(e) ...(f ) target particular communities, districts, population or market segments for exclusive, priority or preferential supply of any goods or services; or(g) exclude a particular community, district, population or market segment from the supply of any goods or services offered by the supplier, on the basis of one or more grounds of unfair discrimination contemplated in section 9 of the Constitution or Chapter 2 of the Promotion of Equality and Prevention of Unfair Discrimination Act.

(2) Subject to section 9, a supplier must not directly or indirectly treat any person differently than any other, in a manner that constitutes unfair discrimination on one or more grounds set out in section 9 of the Constitution, or more grounds set out in Chapter 2 of the Promotion of Equality and Prevention of Unfair Discrimination Act, when -

(a) assessing the ability of the person to pay the cost, or otherwise meet the obligations, of a proposed transaction or agreement;(b) deciding whether to enter into a transaction or agreement, or to offer to enter into a transaction or agreement;(c) determining any aspect of the cost of a transaction or agreement to the consumer;

Taking the above into consideration and

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referring to no. 1 above, it is clear that the NCR (CEO) did not fulfill its Constitutional duty (sec 33 of Constitution). The CEO acted on his own whim, was influenced and prejudicial by promoting the CODE OF CONDUCT!

Thus I say that the proposed Code is Unconstitutional (sec 9 of Constitution):

1. It only reflects the view of one Association (DCASA) (refer Competition Commission Act)2. Is “nitpicking” in the sense that only certain people can qualify for Debt Review (refer 2.4, 2.5 and 2.6 of said Code) despite the provisions of the NCA3. Exposes Debt Counsellors to potential administrative fines and civil suites (which we cannot afforded).

Another aspect of the industry that needs to be taken into consideration is the use of PDA’s.

There is no mention of a PDA or that one MUST be used in the NCA. (Once again the previous CEO was influencial here i.e. when a DC applied for registration he/she HAD to sign an agreement to use a PDA. I would like to draw the readers attention to the following:

Consumer Protection Act

Section 65 Supplier to hold and account for consumer’s property (here the supplier is a PDA)

(2) When a supplier has possession of any prepayment, deposit (consumers distribution payment), membership fee or other money (again consumers distribution payment) or any

other property belonging to or ordinary under the control of a consumer, the supplier (PDA) -(a) must not treat that property as being the property of the supplier;(b) in the handling, safeguarding and utilization of that property, must exercise the degree of CARE, DILIGENCE and SKILL that can reasonably be expected of a person responsible for managing any property belonging to another person; and(c) is liable to the owner of the property for any loss resulting from a failure to comply with paragraph (a) or (b)

From the above, it is clear that the money which a consumer pays to a PDA still belongs to the respective consumer until payment is made, according to the proposal/court order, even the interest accrued to the money belongs to the consumer!

Question: What is happening to consumer’s interest?

The question one needs to further ask is: Why MUST a PDA be used? Why not a firm of Attorneys, who by the way, must have a fidelity certificate. Another and maybe better alternative is to have the consumer arrange debit orders in relation with the proposal to be deducted from his/her bank account?

I officially request that the NCR respond to this letter and that they forward this letter to the Department of Trade and Industry and that they too respond. Please note that any response or comments can be sent to: [email protected]

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DEBT COUNSELLING

AA Debt Counselling CentreAnthea JohannesNCRDC531Tel: +27 (0) 21 982 0522Cell: +27 (0) 84 402 7032

Alan Watts NCRDC 962NCR registered Debt Counsellor Tel: 084 4448439 Fax: 086 6501954alan@active-debt-counselling.co.zawww.active-debt-counselling.co.za

Central SA Debt Counsellors082 950 7806Fax: 086 563 1621

Consumer AssistJohann VermeulenTel: 0861 628 628

Credit Matters021 431 [email protected]

CS Debt CounsellingBernidene Smith NCRDC 764057 352 4115/352 5000Welkom - Free state

Darran [email protected]

Debtbusters0861 663 328 (NO DEBT)

Debt BudgetTel: 021 824 8885

Debt Solve Debt CounsellorsOffice: 033 397 0945

DEBTINCNCRDC’s 1071, 1188, 1189.Tel: (022) 713-2021Fax: (022) 713-2028Share Call: 0861 20 21 20E-mail: [email protected]: www.debtinclusive.co.zaSMS: HELP to 35075

DebtSafe0861 100 999

Debt SeriousWe are serious about debtVida Scheepers NCRDC1792Po box 394, Garsfontein, Pretoria 0042Fax no: 086 553 [email protected]

Debt RehabColleen Van Wyk(BCom, LLB)Debt Counsellor NCRDC2619Tel: 083 290 0848Tel: 011 740 7374Fax: 086 716 9694Website: http://debtrehab.co.za

Debt RescueNeil RoetsNCR DC 474Cell: 083 644 7406Tel: 0861 800 009Fax: 086 523 0617E-mail: [email protected]

Derry BurgeTel: 021 855 5997

Durban Debt Counselling ServicesSuite 112, 1st floor Union Club Building353 Sm ith StreetDurban, 4001Tel: 031 301-7893Fax: 031 [email protected]

Debt Counselling South AfricaCape Town BranchTel: 021 919 66 94Rod De WittNCRDC831Visit: www.debtcounsellingsa.co.za

Debt Knowledge Debt Counselling082 379 2337

Debtonators041 585 0276

Fincorp debt Counsellors ccCecilia Zwarts [email protected]

Holistic Debt [email protected]

SERVICE DIRECTORY

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Helpdesk Debt CounsellorsAllan HoffmanTel: 0861 000 754

Help-U-Debt (Vaal Triangle) WanineTel: 082 445 3967

Help-U-Debt (Potchefstroom)Madra083 390 3275

Help-U-Debt (Parys)Marilouise082 920 6249

Help-U-Debt (Vanderbijlpark)Herma083 320 8303

MG Consulting NCRDC 1403Strand - Helderberg AreaTelkom : 021 853 4537 Mobile Phone: 082 450 7459 / 082 782 0595 Fax Number: 0866 220 690E-Mail: info@mgconsulting / [email protected]

NDA Debt CounsellorsYour Trusted Debt CounsellorsGary Williams (NCRDC 143)Tel: 034 315 3880 Fax: 086 612 [email protected] www.ndad.co.za

Think Green Debt CounsellingSandi [email protected] : 012 991 6638Cell : 082 460 7800Fax : 086 219 2615

Incentive Debt Counselling“Paving the way to a Debt Free Tommorrow”Darran Manikam NCRDC704Tel: (031) 409 9379Fax: (031) 409 1327Cell: 0845898286Branches: Phoenix and Shallcross

Indigo debt counsellors CCTel: 087 808 9734 Fax: 086 580 8675 [email protected]

Zuné Coetzer Debt CounsellorsNCRDC 159924 van der Stel StreetDan PienaarBloemfonteinTel: 051-4364515Fax: 086 5870 845Email: [email protected]

2nd Chance Debt CounsellorsTel: 0861 00 225 0

BORDER REGION:

DRS BEACON BAYJohan PretoriusCell: 082 324 4038Office: 043 748 1139

DRS BUFFALO CITYHerman MariasCell: 082 378 3743Office: 043 7210652

DRS KING WILLIAMS TOWNHerman MaraisCell: 082 378 3743Email: [email protected]

DRS CRADOCKOffice: 043 721 0652

DRS QUEENSTOWNHerman Marais Cell: 082 378 3743 Email: [email protected]

DRS MTHATHAHerman Marais Cell: 082 378 3743 Email: [email protected]

EASTERN CAPE:

DRS ALBANYOffice: 041 373 9693Email: [email protected]

DRS ALGOAMarius WeyersCell: 083 497 3219Email: [email protected]

DRS BOND CHOICE P.E.Andrea AtkinsonOffice: 041 393 7000Email: [email protected]

DRS CENTRAL EXPRESSDerryn FishOffice: 041 373 9693586 2020Email: [email protected]

DRS DESPATCHIsabe LandmanCell: 072 337 3328Office: 041 933 1189Email: [email protected]

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DRS HUMANSDORPMorne SteynCell: 083 298 8182Office: 042 291 0135Email: [email protected]

DRS NKONKOBE (Fort Beaufort)Bernadine von der DeckenCell: 083 2859289Office: 046 645 1898Email: [email protected]

DRS KIRKWOODKeith Le RouxCell: 073 207 1675Office: 041 451 0474Email: [email protected]

DRS PORT ELIZABETHDerryn FishCell: 084 515 6135Office: 041 453 8961Email: [email protected]

DRS SIDWELL EXPRESSKeith Le RouxCell: 073 207 1675Office: 041 451 0474Email: [email protected]

DRS SOMMERSET EASTLuther De BruynCell: 082 568 2970Office: 042 243 1107Email: [email protected]

DRS UTENHAGELynn LindoorCell: 083 7174 183Email: [email protected]

FREESTATE:

DRS GOLDFIELDS (Welkom)Irvin Billy (Derryn Fish)Cell: 072 114 4427Office: 081 319 0083Email: [email protected]

DRS MANGAUNGAmanda JohnsonOffice: 041 373 9693Email: [email protected]

DRS FOREISTATA EXPRESS (Bloemfontein)Derryn FishOffice: 041 373 9693Email: [email protected]

DRS SOUTH FREESTATENelmarie De langeCell: 079 236 3615Office: 053 591 0734Email: [email protected]

GARDEN ROUTE:

DRS DE AARVeronique Louw (Derryn Fish)Cell: 076 382 2020Office: 053 631 1189Email: [email protected]

DRS GEORGEFrancois Van ZylCell: 079 522 1930Office: 044 874 2820Email: [email protected] EDEN (Hartenbos)Bruno MertschTel: 042 291 1083/4Email: [email protected]

GAUTENG:

DRS CENTURION EXPRESSAmanda JohnonOffice: 041 373 9693Email: [email protected]

DRS LYNNWOODJunique JuliusOffice: 012 807 4339Email: [email protected]

DRS PRETORIA EXPRESSBen VermeulenCell: 082 442 8654Office: 012 331 2145Email: [email protected]

DRS PRETORIA NOORDOffice: 041 373 9693Email: [email protected]

DRS ROODEPOORT EXPRESSDerryn FishOffice: 041 373 9693Email: [email protected]

DRS RUSTENBURG Amanda JohnsonOffice: 041 373 9693Email: [email protected]

KWA ZULU NATAL:

DRS GREYVILLEVyas JuggernathCell: 083 206 0300Office: 031 309 8716Email: [email protected]

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DRS KOKSTAD Melanie LouwrensCell: 083 269 0424Office: 039 727 1430Email: [email protected]

DRS MORNINGSIDE DURBANErica Mtshali (Amanda Johnson)Cell: 076 578 8660 Office: 031 301 5990email [email protected]

DRS PHOENIXVyas JuggernathCell: 083 206 0300Office: 031 309 8716Email: [email protected]

DRS PIETERMARITZBURGSanele ZuluCell: 083 543 3487Office: 033 394 8319Email: [email protected]

WESTERN CAPE:

DRS BELLVILLEPatricia BekkerOffice: 021 948 8523 / 4Email: [email protected]

DRS DIAMONDClive PalmerOffice: 021 421 8563Email: [email protected]

DRS TYGERBERGCraig LakeyCell: 082 627 0957Office: 021 945 4062Email: [email protected]

DRS WEST COASTMarius CoetzeeCell: 082 978 4407Office: 022 713 3766Email [email protected]

DRS SALDANHAMarius CoetzeeOffice: 022 713 3766Email: [email protected]

DRS SOLUTIONSChristelle de VilliersCell: 084 586 5600Email: [email protected]

U-Win Debt CounsellorsCoreli Roos - NCR DC 509Aliwal North, Burgersdorp, Bethulie, GariepDam, Smithfield, SpringfonteinCell:079 626 [email protected]

Rihanyo Debt Counselling(012) 804 50 57

SUPPORT SERVICES

Business and Personal Website and Software, Design and Development Services. Contact Number: +27 76 382 0933 Email: [email protected] Web: http://myecommerce.co.za

Staff Line Ndizani Executive RecruitmentCell no: 083 3028163Direct Line: (011) 468 - 2150E- Mail: [email protected]

Information resources & serviceswww.thedci.co.za

DesigntimesSouth Africa’s creative resourcewww.designtimes.co.za

TRAINING

Compuscan Academy 0861 51 41 31www.compuscanacademy.co.za

You & Your MoneyWestern Cape: NCR Debt Counsellor Training: For a Cutting Edge Course with practical input contact: You & Your MoneyDawn [email protected]: 072 1769789(021) 761 3287

FINANCIAL

ABSA Customer Debt Repair Line0861 005 901

Credit Ombudsman0861 662837

Experian011 799-3400 [email protected]

Page 45: March 2012 Debtfree DIGI theDCI Special Edition

Eric StresoFinancial PlannerB Juris LL B CFP MBATel: 0833273358Fax: 086 612 7912Fair Debt0829019788 or [email protected]

PACFIN Financial Solutions Head OfficeTel: +27 11 9757445Fax: 086536878336 Van Riebeeck roadKempton Park [email protected] Carlo BuildingNo 8 VoortrekkerstreetKempton Park 1619

Kempton ParkContact: Reyno CoetzeeTel: +27 11 3945363Fax: 0866048002Cell: +27 73 [email protected] / GermistonContact: Armand PosthumusTel: +27 11 8921911Fax: 0865620378

NelspruitContact: Ann BakerTel: +27 13 7415559Fax: 0880 1374 15559Cell: +27 82 [email protected]: Wynand MclachlanTel: +27 11 8113728Fax: +27 11 8113728Cell: +27 83 2754014/[email protected]

Gooseberry Business AdvisoryTel: 012 644 0589

NedbankDebt Rehabilitation & Recoveries Services0860 109 279

STD BankDebt review HelplineTelephone: 0861 111 402 TransUnion0861 482 482

ThinkmoneyFinancial comparison websiteContact: Gareth MountainTel: 079 0996 798www.thinkmoney.co.za

WIZARD Vereeniging Making Mortgage MagicWanine SmitTel:+27 16 454 1132Fax:+27 86 686 3678 Cell:+27 82 445 3967 www.wizard.za.com

FINANCIAL PLANNING

Eric StresoFinancial PlannerB Juris LL B CFP MBATel: 0833273358Fax: 086 612 7912

LEGAL

Karen van Staden Tel: 012 998 9117 / 012 993 2132Fax: 086 721 6467 / 086 662 1153Email: [email protected]@hauptearle.co.zawww.hauptearle.co.za

Scheepers AttorneysGerhard [email protected]

Legal Rights Affordable & ethical Legal Services Tel: (011) 367-0695Cell: [email protected] www.legalrights.co.za

LUCID AttorneysTel: 011 880 1100Fax: 011 880 1101Email: [email protected]/attorney

Ludick [email protected]

Prinsloo & AssociatesAttorneys and conveyancersNanika Prinsloo Farm Bergamot, Paarl 7620P O Box 6199, Paarl 762014 Laing Street, Barrydale 6750Cell: 072-8558-106Fax: [email protected]

Is it time to expand your Debt Counselling practice?

Do you need specialist Attorneys with a national footprint?

Do you need expert advice on how to protect your practice and your clients?

Are you informed about recent statutory and legal developments within the industry?

Attorneys servicing individual needs

Pretoria: +27(0)12 998 9117 www.hauptearle.co.za Nelspruit: +27 (0)13 752 7084

Page 46: March 2012 Debtfree DIGI theDCI Special Edition

RM Brown and Associates 601 Pier House, 13 -17 Heerengracht, Cape TownDocex 138 Cape Town t: 021 431 9127 f: 021 425 0875 e: [email protected] CCColleen Van Wyk(BCom, LLB)Tel: 083 290 0848Tel: 011 740 7374Fax: 086 716 9694Website: http://agiliti.co.za

CREDIT BUREAUS

Compuscan 0861 514 131www.compuscan.co.za

Computer Profile Bureau0861 28 7328www.c-p-b.co.zaExperianwww.experian.co.zaBusiness- 0861 63 60 70 Consumer- 0861 10 5665

Micro Lenders Credit Bureau 0861 28 7328 www.mlcb.co.za

TransUnion 0861 886 466www.transunion.co.za

XDS 0860 937 000 www.xds.co.zaOTHER

Association of Debt Recovery Agents: 011 781 3337

www.adraonline.co.za

Banking Ombud0860 800 900 www.obssa.co.za

Credit Bureau Association011 463 8211www.cba.co.za

Credit Providers Association011 789 6825 www.cpa.org.za

Department of Trade and Industry0861 843 384 www.thedti.gov.za

Financial Advisory and Intermediary Services Ombud012 470 9080 www.faisombud.co.za

Financial Services Board012 428 8000 www.fsb.co.zaFurniture Traders Association 011 789 6770

Legal Resources Centre011 836 9831 www.lrc.org.za

Long Term Insurance Ombud021 657 5000 www.ombud.co.za

Micro Finance South Africa012 345 0809 www.mfsa.net

Motor Industry Ombud012 841 2945 www.miosa.co.za

National Credit Regulator0860 627 627

Ombud for Short term Insurance011 726 8900 www.osti.co.za

Pension Funds Adjudicator021 674 0209 www.pfa.org.zaSouth African Fraud Prevention0860 101 248 www.safps.org.za

The Banking Association011 370 3500 www.banking.org.za

SA FRAUD PROTECTION SERVICE (FREE SERVICE)www.safps.org.za0860 101 248