If you have applied for debt review and something has happened and you think you are stuck in debt review because you can’t find your debt counsellor or the debt counsellor is not helping you, here’s what happened and what you can do when you are stuck in debt review.
There are a number of ways that people can get stuck in debt review:
- Their debt counsellor disappears, businesses shut down all the time, and sometimes they don’t do the right thing and tell their clients
- Sometimes people stopped paying their debt review, they might be retrenched, and the debt counsellor withdraws. This person finds a job again and wants to carry on paying their debt, but who can advise him.
READ MORE: How to fix a bad debt review
What can you do if you want to pay your debt, but because something happened, your debt review went wrong somewhere. Now things are better and you want to pay and fix things up.
The law says that you need to pay off all your debt to get out of debt review.
There are a whole lot of companies out there who say they will get you off debt review, if they aren’t debt counsellors they are going to struggle.
What you need to do is transfer to a new debt counsellor.
At RD Debt Counselling, we do quite a lot of transfers of people who are either unhappy with their debt counsellor, or want to carry on with their debt review.
Once you have transferred, then the new debt counsellor has access to all your information and can get information from the banks, they can then give you advice on how to go ahead.
When all your debt is paid, then they can issue you with a clearance certificate, and your debt review status is removed from the credit bureau.
ALSO READ: How to get clearance from debt review?
What can you do if you aren’t in debt review, but have got things like a bad credit record, or have got judgements on your name that you need fixing because you need to buy something (like a new car)?
Every case is different. For instance with judgements, some are paid up, and people just need to have the listing on the credit bureau lifted, while for others, they have never paid a cent and they want to challenge the judgement in court, others say they know nothing about a judgement, and want to find out about it.
Can debt be written off if a person hasn’t paid for three years? How does this work?
Something we do a lot is get debt written off, and it is called the law of prescription.
What it says is that if you haven’t paid or promised to pay in the last 3 years, and the person or bank you owe hasn’t gone to court, then that debt has prescribed, and can get written off.
It’s a strange twist, but I believe that it was easier to write the law of prescription, than it is to get a letter from the financier agreeing to write off the money, we do still get a lot of debt written off.
The creditor may then never claim on that debt and it is taken off the credit bureau.