Does administration remove my existing garnishees?
Does administration remove my existing garnishees?
Once all the necessary documentation for the administration has been sent all existing garnishees can be removed.
Do I qualify for administration?
Do I qualify for administration?
Anyone who is unable to make all of the monthly instalments required by his creditors would qualify for administration. If most of all your accounts are with attorneys you will qualify for administration.
Which of my debts can be included in my debt review?
Which of my debts can be included in my debt review?
YES: All credit agreements as le by the National Credit Act can be included in debt review. This would include loans, credit cards, vehicle agreement (excluding rental agreement) and bonds.
NO: Service accounts (e.g. telephone bills and municipal accounts) cannot be included in a debt review without express permission from the creditor.
Consumers must make provision in their budget for all accounts that cannot be included in their debt review.
Will I be blacklisted if I go under administration?
Will I be blacklisted if I go under administration?
You will not be blacklisted, but the credit bureau is lawfully obliged to indicate that you are under administration.
Will I be able to continue using my credit cards and accounts?
Will I be able to continue using my credit cards and accounts?
No. All credit cards and accounts must be disclosed to the debt counsellor and you will be advised that you are not allowed to enter into any further credit agreements while you are participating in administration.
What is the average duration of the administration? Is there a minimum or maximum duration?
What is the average duration of the administration? Is there a minimum or maximum duration?
The duration of your debt review is based solely on the rate of repayment versus the size of the total debt and will be calculated by means of a program that works out how long it will take to settle your debt. The larger the amount of your monthly repayment, the shorter the duration of your administration will be.
If I have already received a summons for an account can it still go under administration?
If I have already received a summons for an account can it still go under administration?
If you have received a summons already it can be included in the administration.
Can I withdraw from administration?
Can I withdraw from administration?
Yes. Once all your accounts are paid-up as per the administration court order a clearance certificate is given to you or via a rescission order.
Can a creditor proceed with action against me once I am under administration?
Can a creditor proceed with action against me once I am under administration?
No. Once you are placed under administration, all legal action must stop. As long as you make regular payments no creditors will be allowed to proceed with legal action against you.
How will I know if my creditors are being paid?
How will I know if my creditors are being paid?
You will have the right to contact your administrator to require a statement that proves that your creditors are receiving payment.
Is administration my only option?
Is administration my only option?
There are other options available. Feel free to discuss your options with your debt counsellor.
What is the relationship between the administrator & the consumer?
What is the relationship between the administrator & the consumer?
Once appointed, your administrator becomes an impartial, objective middle-man between you and your creditors.
If I have extra funds available at a given point in time, am I allowed to pay my creditors directly?
If I have extra funds available at a given point in time, am I allowed to pay my creditors directly?
Yes, the administrator process is not inflexible and you will be allowed to pay your creditors above and beyond the agreed upon monthly amount if you wish to settle your debt over a shorter period.
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