# Regulatory Compliance Category > National Credit Act Forum >  The Debt Counselling Industry Needs Your Help

## theDCI

There has been much debate and talk about the debt counselling industry over the past 4 years, but unless you have worked in the industry for at least a year, it is very difficult to explain the antics, disappointments and the success that surrounds this industry.

This is also the only industry I know of, that has so many facets that can determine a success or failure of a debt review application. 
Unfortunately, these many facets have not always been truthfully represented within the press.

The poor debt counsellor is always the easiest person to blame, as they are on most occasions, nothing more than passionate people who do this stressful and tiresome job because they truly feel compelled to help people in need. It is certainly not for the money, as the hours and sacrifices the debt counsellors make to help consumers, is truly amazing. And lets not even start discussing the debt counsellors day for it is a nonstop fight. They fight to help consumers see the light, then fight the creditors to send them the information, then they fight with credit providers proving that payments have been made while the credit providers continually harass, bully and try kick consumers off the very system that has been put into place by Government to help them...and this is just the beginning of a very normal day...

Yes there have been some bad apples in the basket, but show me one industry where there is none.

In saying this, this is also one of those industries that affect or infect consumers the most, but is also one of the most rewarding and successful industries in helping to save 1000's of South African's homes, cars and bringing peace of mind to consumers. 

The debt counselling industry needs all consumers to help them in a fight not only for survival, but more importantly for the rights of all consumers.
Please help the debt counsellors put a stop to the banks not acting in good faith. 
By signing the below petition you too can help to make the difference within this industry that will literally help to save someones life. 

http://www.gopetition.com/petitions/...bad-faith.html

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## Catz

I am part of this process at the moment, and even though it took over 3 years to get to the court to be made an order of court, I am eternally grateful that I still get to keep our home and our transport.  It has been embarassing, even though we had a back-up plan of over R300k after my husband was retrenched, living off that in the hope you would find a job before it ran out.  I am grateful to Octogen for the partnership we have vested in each other.  I say partnership because that is what it has to be - many people on DC expect the counsellors to do all the work, but the client plays the most important role in following up, checking, enquirying, fixing and abiding by the rules.  In less than 5 years I will be completely debt free thanks to Debt Counselling.  My opinion about money has changed drastically in that if you are using credit of any kind you cannot afford what you are purchasing - end of story!!

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## helpwithdebt

The DCI is the best platform for consumers and debt counsellors in South Africa

Thank you DCI

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## theDCI

I am very happy to see the above -It is great to know that you are getting value out of it. 
Let us know if you require any assistance either as a DC or for your consumers  :Wink:

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Romie (12-Dec-12)

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## Romie

Hi All (fellow debt counsellors)

Just a reminder for all debt counsellors to try and respond to the NCR's invitation as per point 6 of Circular no 11 by tomorrow:
 (6.The NCR invites written representations in this regards to our above stated intentions by no later
 than the 13th of December 2012, which representations will be dully considered.
 Representations may be addressed to the Company Secretary, Mr. Lesiba Mashapa, by email on
lmashapa@ncr.org.za) 

My response is copied hereunder: 

The Company Secretary, NCR 
Mr. Lesiba Mashapa 

Dear Mr Mashapa 

With reference to the attached Circular No 11 of 2012, I express my views on the matter, as follows:

1. I am wholly in agreement with the decision to scrap the existing codes of conduct for debt counsellors and credit providers, respectively, as these are unsatisfactory in their current format for the reasons detailed by the NCR in the circular referred to above. However, I believe that it is necessary for both debt counsellors and credit providers to subscribe to and be regulated by codes of conduct, and it is therefore necessary to expedite the drafting of fresh codes of conduct which satisfy the requirements of the NCA and the Constitution.

2. The withdrawal of the NCR’s recognition of the NDMA, DCASA, PDSA and the Credit Ombud in terms of the roles they play in terms of the aforementioned codes of conduct, is also understood. There is a role for the NDMA, PDSA and the Credit Ombud to play, of course, but only once the codes of conduct have been satisfactorily revised. DCASA should have no greater voice in the industry than any other debt counsellors’ association, such as the Alliance of Professional Debt Counsellors, Black Debt Forum, DCI and the Debt Counselling Union, and all parties, must at all times be subordinate and answerable to the NCR.

3. In terms of Section 86(5) of the National Credit Act, there is no reason why debt counsellors and credit providers should not continue to work together via bodies such as the NDMA, BASA and the various debt counselling associations, to devise tools, mechanisms and processes to aid the debt counselling process. The fact that the Codes of Conduct (in their current forms) are being scrapped, should not affect the current concessions agreed to by credit providers for consumers who qualify in terms of the DCRS rules as this certainly promotes the issuance of Consent Orders where viable. However, these concessions, whilst falling under the NCA, may not supersede the Act.

This is the only manner in which self-interest and greed can be eliminated in this industry and we can move forward in the assistance of the indebted consumer as envisaged by the provisions of the NCA.

Kind regards 
Romie 
FINESSE DEBT COUNSELLORS 
"THE HELP YOU NEED..." 
NCR REGISTRATION NO: DC1262 
Phone: 031 209 2356/ 084 250 2356 
Fax: 086 5732433 
e-mail romie@debtfinesse.co.za or romie1@vodamail.co.za 
www.debtfinesse.co.za 

Jeremiah 29:11 - "For I know the plans I have for you" declares the Lord, "plans to give you hope and a future."
 "As one person I cannot change the world, but I can change the world of one person." - Paul Shane Spear.

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## meldasilva

Roamie, in terms of the concessions agreed to the codes bind the code signatories to abide by the concessions - no code = no binding and you're back to square one. Far better to revise any problems in the codes without leaving a period of vacuum.

Also, the code for debt counsellors makes specific provision for debt counsellors to belong to AN organisation recognised by the NCR. To the best of my knowledge the NCR has only recognised DCASA because it is the only organisation that has been willing to bind members to the NCR’s code of conduct.

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## Romie

Thank you, Mel

You have unwittingly pointed out the very source of the problem within the existing codes of conduct. The concessions agreed to by credit providers should be the subject of a separate agreement to which debt counsellors can subscribe _voluntarily_ and it should form no part of the debt counsellors code of conduct. The debt counsellors' code of conduct should only concern itself with the* conduct*  of debt counsellors and not become entangled with the debt review process. As a debt counsellor, I am only too happy to bind myself to a code of conduct but I will not affix my signature to a document which dictates a process that is designed to circumvent or undermine the statutory debt counselling process that is set out in the NCA.   

In my view, the NCR has now realized the flaws inherent in the current codes, hence the issuance of Circular number 11, the full contents of which you are, presumably, familiar.  The NCR is to be commended on taking control of the situation now.

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## Citizen X

There are many instances where you sued out summons for a debt which is prescribed. You don't know how to respond so you let it slide and end up with default judgment! This so when you could have had a valid defence that would have destroyed the entire action!

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## IanF

I wonder if waxas is using XRumer or something similar?
If he/she replies will we know?
 :Whistling:

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## Dave A

> I wonder if waxas is using XRumer or something similar?


Quite possibly.

But it's just a few clicks to remove the stain  :Wink:

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