Debt Counsellors have a duty to make all debt review applications to Court.

Debt Counsellors have a duty to make all debt review applications to Court.

The National Credit Act was fully implemented in 2007 and Debt Counsellors now have a duty to make all debt review applications to Court.We as Debt Counsellor’s must subpoena all the creditors to court. Some creditors don’t adhere to the National Credit Act therefore once a creditor is Subpoena to Court. When a client receives a letter of demand we can still proceed with a Notice of Motion order that we have received from the Clerk of the Court. The Notice of Motion order have the court date, that is usually the Legal document that creditors require to Pend all Legal action.

Russell Damon NCRD263 a Registered debt counsellor at JJerr Consulting firmly believes if all debt counsellors make Court applications to court. Creditors will have a back foot in the industry. Creditors intend to put additional interest on their clients’ accounts. And yes they do have the right to do it. But all this blow up in proportion as extra interest accumulate. When a matter is at Court creditors must pay more cost for attorneys. As Debt Counsellors we notify our clients what the legal fees will be. This past week I have been placing matters on the Court Roll. It took so much time but it is worth the effort as you see your client happy.

We as debt Counsellors are moving in the right direction. Building a relationship with the creditor is also a must as you can pend the legal action. You can also get a consent order from the creditor as some creditors want to avoid going to court. A Consent order is where the creditor accept the agreement that the debt Counsellor offer. How lovely it will be if all creditors can agree to consent orders. Let’s face the creditors in Court. The pressure is always there for the debt counsellor to obtain a sooner date. Only the Magistrate can make a final ruling regarding the clients debt arrangements.

Regards

Russell Damon DC 263

Website: www.debtbreaker.co.za & http://jjerr.co.za

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