Misleading advertising on Social Media platforms regarding debt counselling 

Advocate (Adv.) Kedilatile Legodi, the Manager of the NCR Debt Counselling Department says that “in recent times, there has been a surge in advertising for “debt review removals” and some consumers are charged in the excess of R8000 to have his/her debt review flag removed”. Consumers are warned that this “debt review removal” is not supported by law. In a recent High Court Judgment, delivered by three High Court Judges, the Court stated that debt review removal is not possible for consumers who have been declared over indebted, and that consumers need to pay up all debt, except where a bond is not in arrears, to be removed from debt review. Where a consumer has a debt review court order, no Court, not even the High Court can rescind such judgment.

Adv. Legodi further requests consumers to access the NCR Withdrawal Guidelines issued in 2021, from the NCR’s website, which clearly state the circumstances under which a consumer can exit debt review. “If any company offers a service contrary to the provisions of the NCR Withdrawal Guidelines, even attorneys, consumers are running a risk of paying for a service that has no prospect of success without any recourse against persons not registered with the NCR”. Adv. Legodi warns that “before any consumer pays for such services, consumers they are urged to make contact with the NCR, or access the website to verify the registration status of such a person offering the service.”

In addition, Adv. Legodi noted the unlawful practice of consumers being contacted telephonically by “NCR Agents” to discuss his/her debt review status, or debt review flag removal. “The NCR does not have any personal information of consumers and will at no stage contact a consumer to discuss his/her debt review status” she warns. “Consumers are requested to report these “NCR Agents” to the NCR Complaints Department at complaints@ncr.org.za / 0860 627 627 and not be scammed by these practices.”

It has further been noted that there are companies that advertise that they work with the NCR to investigate debt counsellors. Adv. Legodi informed that “the NCR has the exclusive mandate under law to perform an investigation into registrants, and cannot outsource such mandate to any outside company. Consumers are urged to request an official Inspector Certificate issued by the NCR from such companies prior to engaging with them. If such Inspector Certificate cannot not be produced, consumers are requested to report such companies to the NCR’s Complaints Department.”