Frequently Asked Questions
Browse answers to commonly asked questions from our clients.
Why use a debt counsellor?
Debt Counsellors were formally introduced by the National Credit Act to help over –indebted consumers, especially in our current economic crisis. The goal of debt councelling is to develop a repayment plan which is affordable to you as well as acceptable to all your credit providers.
If I am Unemployed, Can I Still Apply for Debt Review?
Unfortunately, you won’t be able to apply for debt review if you are unemployed since you will have to prove that you will be able to pay all of your debt in a reasonable amount of time. You can, however, apply with your marriage partner if he or she has a job.
What Can I do if there are Judgements against Me?
If there are judgements against you, you should still contact us and provide us with all of the details relating to your situation.
Judgements that were submitted after we have sent you the notice (section 21a of NCA) via registered mail will not be included and, if this is not the case, we will attempt to negotiate the situation with your credit providers as it pertains to the debt review.
Can I apply for more credit or use my credit cards while I am under debt review?
No you will not be able to use any credit facility while you are on the debt review process. This process will enable you to use cash more effectively and wisely. Once you have completed the process, you will be able to use credit again.
Will my name be removed from the credit bureau once my debt is cleared?
Yes, it will.
How long will I have to remain on the Debt Counselling Plan?
You will remain on the debt counselling plan until all your unsecure debt is paid off.
Will my Money be Safe?
Yes it will be debited by a PDA (Payment Distribution Agency) which is strictly monitored by the NCR, it is also a trust account which means that your money is insured so if anything had to happen to the PDA, your money is secure.
When can I apply for debt review?
Any consumer who is over-indebted can apply for debt review. According to the National Credit Act, a consumer
is over-indebted when he/she is unable to satisfy in a timely manner all his obligations under all his/her credit
agreements (after paying his basic living costs).
In short, when you struggle to meet all your debt repayments on time; or
if you do not have enough money left after paying all your essential living costs to pay your debt, you
are over-indebted.You can apply whether you are:
You can apply whether you are: blacklisted or not; or whether you are in arrears or not.
Typical signs of over-indebtedness include:
- You receive threats because of arrears on installments, for example:
- Letters and notices
- Phone calls from creditors
- When you borrow on a regular basis from micro-lenders/cash-loans
- When you have garnishee orders against your salary
- When you are using a credit card to buy groceries or to pay other basic living costs, debt and installments.
At What Stage Can I Begin Applying For Debt Review?
You can begin applying for debt review at any point that you feel that you cannot meet your financial obligations to creditors. Basically, this means that you can apply for debt review if you cannot afford to pay your bills. You don’t need to wait until you are drowning in unpaid bills – you can sign up for debt review the moment you begin struggling to keep up with payments. You can also apply for debt review if you are blacklisted.
Signs that you may need to apply for debt review include:
- Notices from creditors, informing you that you are behind on your payments
- Being unable to pay of credit card instalments and still purchasing necessities using this facility.
- Borrowing money from micro-lenders (including payday loans and personal loans).
Why do I need Debt Counselling?
Debt counseling stems from the National Credit Act that was passed to protect those consumers who are struggling with debt. This means that the act was passed to assist you in avoiding being blacklisted or having legal action taken against you.
Does Debt Counselling Cover a Court Summons?
If you have been summoned to court then, unfortunately, this won’t automatically be covered in the debt review program but LDS will negotiate with your attorney and your creditors to possibly include this within your debt review
Can Creditors Change their Minds once Debt Plans have been agreed to?
Once your creditors have agreed to your payment plan they cannot change their minds – as long as you stick to the payment plan yourself.
Will the People I work with (including my boss) find out about this?
No one will find out about your debt review since your information is kept confidential throughout the entire process.
Can creditors refuse to accept lower payments under the debt counselling plan?
Creditors do not have to accept any offer of repayment below the contracted minimum. However, they are prepared to accept reduced payment offers where we are able to demonstrate that the offer is reasonable and you are committed to repay your debts by use of the debt counselling plan.
Do I have to attend an interview with Legal & Debt Solutions?
No, we can arrange everything over the phone and via e-mail.
How long does it take for my situation to improve?
Immediately. You will benefit from a realistic budget which will allow your creditors to be paid at a rate which is affordable to you.