In light of debt review being an option out of a tight financial situation, it is equally important for consumers to be fully aware of the debt review cost.
Debt counselling is a formal process governed by the National Credit Act (NCA). Also worth noting, is that your monthly debt repayment and debt review cost, as well as fees are specific to your unique situation. In addition, this includes how much you owe on your debt in total.
Who is responsible for my payment distributions to credit providers?
Once accepted under debt counselling you will pay one instalment which will be your debt review cost. Moreover, this monthly instalment will then be distributed to your credit providers by a Payment Distribution Agent (PDA). Additionally, the PDA is also responsible for the provision of monthly statements to consumers and payment schedules to debt counsellors, employers and credit providers, as well as attending to queries from the respective parties.
Debt counsellors are permitted to charge certain fees for services, which include:
3.1. Restructuring Fee – this deals with the Form 17.2 (b) process, including the proposal preparation, loading the plan onto the debt counsellor’s PDA (Payment Distribution Agent) profile, negotiating with credit providers, submitting the final proposal, supplying the debt counselling documents to the attorney to draft the court application, updating the DHS, transferring the consumer, instructing the attorney to draft the court application or collating and filing NCT (National Consumer Tribunal) application and the withdrawal by the consumer (Form 17.W).
For one applicant: the fee is either equal to the distributable amount or a maximum fee of R8 000, whichever is the lesser amount.
For consumers married in community of property:the fee is either equal to the distributable amount or a maximum fee of R9 000, whichever is the lesser amount.
3.2. Reckless Lending – reckless lending assessment and supplying reckless lending documents to the attorney to draft an affidavit on the assessment outcome.
This is charged at R1 500 per debt counselling application.
This fee is payable for the entire debt counselling process and is equal to 5% of the distributable amount or a maximum fee of R450, whichever is the lesser amount.
This amount is payable every month after Month 2, in which aftercare services are rendered.
This amount is payable in Month 2, after completion of the restructuring process.
This amount is to be agreed upon upfront with you and the attorney, and communicated in writing when applying for debt review. Your debt counsellor will negotiate the legal fee that is aligned with your disposable income where possible.
This amount is payable to the attorney only after: