Thank you for your question.
If there is no summons yet, you will most definitely enjoy the protection offered through the process. Do not delay and apply ASAP before the bank issues a summons.
In terms of section 86(2) of the Act an application for debt review may not be made and does not apply to a credit agreement where the credit provider, at the time of the application for the debt review, has already taken legal steps as contemplated in section 129 to enforce that agreement.
This means that in the event that a summons has been issued and served before the application form was signed by the consumer, that specific credit agreement must be excluded from the debt review.
However. There is a possibility that it can be included in the debt review with permission from the creditor. If you decide to go under debt review your debt counsellor will approach the creditor and negotiate the possible inclusion of their credit agreement. Luckily DebtSafe has respected relationships with various credit providers and we try our utmost to find a favourable outcome for our clients.
You are welcome to email us you details so that we can discuss your options further: [email protected]
Hope this information was helpful.