
Who Can Use This Service?
Are you unsure about who can use this service? Here is a checklist to see if debt counselling or debt review is for you.
YOU CAN USE THIS SERVICE IF YOU ARE…
- Over-indebted, which means your income does not cover your expenses or debt repayments.
- In danger of having your assets (car, home, furniture etc.) repossessed and you need legal protection.
- paying off at least two or more debts with either the same or different creditors.
- Think you have been the victim of reckless lending.
- Permanently employed and earning a regular monthly income.
BUT TAKE NOT THAT…
- If you are in default and a credit provider has already taken legal action against you that credit agreement is excluded from the protection of debt counselling.
- In terms of the NCA, before a credit provider can launch default proceedings against you, they must send you a section 129 notice, notifying you of your right to refer the credit agreement to a debt counsellor.
- If you didn’t receive a section 129 notice from the credit provider and they cannot prove that it was delivered to you, your debt counsellor can contest proceedings on the basis that you were unaware of your rights.