JJ PIENAAR2011.  Efficient and effective legal service  Cost effective services  Professional conduct at all times  Effective feedback and actions.

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Presentation transcript:

JJ PIENAAR2011

 Efficient and effective legal service  Cost effective services  Professional conduct at all times  Effective feedback and actions  To establish a good relationship with our clients through honesty & a warm welcome at our offices 2JJ PIENAAR

 To assist an over-indebted consumer over a period of financial embarrassment, without the loss of assets and dignity  This will afford the consumer a “second” chance in order to rehabilitate his debt obligations by way of debt restructuring.  The purpose of the Act is to promote and advance the social and economic welfare and protect consumers  AFFORDABLE INSTALMENT WITH PROTECTION AND WITHOUT LOSS AND LEGAL ACTIONS UNTIL YOU ARE ON YOUR FEET AGAIN. 3JJ PIENAAR

 RIGHT TO Apply for credit and and not to be discriminated against Receive contract in an understandable language Afforded the right to know details of information held by a Credit Bureau Protection against unfair marketing practices and reckless credit Receive documentation when requested Confidentiality and privacy Apply for Debt Review and re-arrangement in case of over- indebtedness Cooling off clause in terms of case of leases and installment agreements at locations other than business premises Right to receive statements of accounts 4JJ PIENAAR

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6 1 You will start paying your restructured instalments immediately in order to prevent further default and prevent termination by Credit Providers Your Debt Counsellor will advise you which accredited PDA to make your payment to and provide you with a proposal, stipulating what your monthly payment will be and how it will be distributed amongst your credit providers by the PDA. The best way to make a payment is by way of Stop Order. 2 Because you are in default (paying a lesser amount than original instalment), credit providers and collection agents will keep on “harassing” you at first, until the Court Order is granted…DO NOT PANNIC…..remind them of the Debt Review and ask them to contact your Debt Counsellor. NO Credit Provider may take legal action against you whilst the Debt Review is pending and you are paying the restructured amount. Interest will not stop accruing on your accounts, it may even be more because you are in default. When the Court Order is granted, the new interest rate's as negotiated by your Debt Counsellor will become effective. 3 You have to make sure you get your monthly statements from your Credit Providers and your distribution statement from your Debt Counsellor, to monitor the progress on the accounts. If these statements do not correlate with each other, immediately notify your Debt Counsellor to follow up and investigate. If you do receive any letter of demand or Court Documents from your Credit Providers, you have to contact and hand it over to your Debt Counsellor IMMEDIATELY to take counter action against them.

7JJ PIENAAR The DEBT COUNSELLOR is responsible for the consumers Debt Review process and aftercare: negotiations, credit provider details and balances, statements, court orders, clearance certificate etc The CREDIT PROVIDER is suppose to provide the correct information on the accounts to the Debt Counsellor, negotiate in good faith, and provide the consumer with monthly statements on their accounts The PDA(CPE) receives the consumers funds, distributed the money as instructed by the Debt Counsellor and provide the distribution statement to the Debt Counsellor or Consumer The CREDIT OMBUD deals with credit related complaints as it is required.

DEBT REVIEW PROCESS Registration CostR Application CostR3000- R4000 Legal CostAs per Agreement with Consumer After Care Cost for DC 5% for the first 2 years and then 3% limited to R300 PDA Fees 3% per amount received by the PDA and the fee may not be less than R50.00 and capped at R JJ PIENAAR

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