Unlawful Debt Review Check, Dispute and Remove.
It is easier than you think to determine if the debt review flag on your credit records is unlawful, incorrect or expired. Even easier to dispute and remove it!
Our research has revealed that over 1 million consumers are listed under debt review unlawfully (without their consent) and incorrectly (with a deregistered debt counsellor) or the debt review flag has expired (debt counselling process incomplete). These flags prevent consumers to access Home Loans, Vehicle Finance, Personal Loans and other essetial credit facilities.
It remains upon yourself as a consumer to ensure that the debt review flag is lawful and if not it is removed.
Below we provide an easy guideline to determine if the debt review flag on your credit records is valid or unlawful and steps to dispute and remove it.
Unlawful Debt Review Flag
Debt Counselling is a voluntary and consensual process which results in the Tribunal or a Magistrate Court re-arranging the consumer’s debt.
A debt review flag on your credit record is deemed unlawful under the following circumstances:
1. You never applied for debt review or completed a Form 16 debt review application form.
2. You have never communicated directly with an NCR accredited debt counsellor.
3. The debt counsellor on record is not contactable
4. The debt counsellor is no longer involved in debt counselling (deregistered) and not listed on the NCR debt counsellor portal.
5. The status on your credit report does not state that the debt review process is complete and court order is granted.
6. You have settled all debts that were placed under debt review
Debt Counsellor Status
Since the inception of debt counselling in 2007, over 3000 debt counsellors have either volutary left the practice or deregistered by the Tribunal due to misconduct and fraud. These debt counsellors have left over 2 million consumers with a permanent debt review flag. This is your first step to ensure that the debt counsellor on your credit record is still in operation.
1. Click the button below to access the NCR Debt Counsellor Status Portal.
2. Enter the registration number of the debt counsellor (NCRDC XXXX) or the name of the debt counsellor
3. The status must show registered, if there are not results, it means the debt counsellor is no longer in operation.
Debt Review Status
The debt review notation (status) on your credit report shows the stage of the debt review process. If the debt review status notation is not one of the following after 60 days of application, it means the debt review process was abandoned or not completed as per prescribed NCA process and thus unlawful.
1. Formal debt re-structuring is completed, and a court order granted
2. Consent Order for Statutory Debt Restructuring
In any of the above instances, you can log a dispute with the NCR to dispute the debt review flag.
Court Order
Debt Counselling is a voluntary and consensual process which results in the Tribunal or a Magistrate Court re-arranging the consumer’s debt.
Once all preliminary debt counselling processes and negotiations with the credit providers are complete, the debt counsellor must send you a supporting affidavit to sign in order to place the matter on a court roll for a court order enforcing the agreed payment arrangement. As a consumer, you not need to go to court, therefore it is the legal obligation for the debt counsellor to issue you with a copy of the court order.
Statistics show that 80% of the debt review listings were not concluded the by court as per regulations. If you did not receive a copy of the court order after 60 days of your application, it means that you are not legally under debt review. Although it is not your responsibility to request a copy of the court order, you can ask the debt counsellor for a copy of the court order as a formality, and if they fail to supply it, you can log a dispute with the NCR to remove the debt review flag. In the event that you have paid the debt counsellor full service fee, you can claim reimbursment of the fees on the basis of incomplete service.
Dispute and Removal Process
Regardless the debt counsellor registration status or the circumstances under which you were placed under debt review, only the NCR can facilitate the removal of the debt review flag upon dispute and investigation. In order to log a dispute, you should follow the following steps:
1. Complete the prescribed dispute form named Form 29
2. Submit your ID and Proof of Address with the dispute form.
3. The Ncr shall investigate the complaint and supply you with a case number.
Fact: The NCR is handling thousands of disputes on a daily basis, due to the massive workload, you might need to do followup with the NCR on the progress of your case.
PS: The Ncr might require more information and/or an affidavit to conclude the resolution and removal of the debt review flag.
Professional Assistance
AACS has trained and certified professionals and legal practioners who can assist with the NCR dispute process and draft the affidavit on your behalf (when required). The AACS provides Free Debt Review Clearance Assessment to determine if the debt review flag is valid or unlawful and if you are eligible to log a dispute and or obtain a clearance certificate.
The AACS has an automated followup system with the NCR to ensure speedy feedback and resulution.