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Answer for Legal Protection during Debt Review

Hi there,

Thank you for your question.

I am sorry to hear about you, and your fiancé’s, struggle with his creditor.

The National Credit Act recognises debt review as a legal remedy for over-indebtedness, this means that debt review offers legal protection and allows the person in debt review to keep their assets.

Know for a fact that once under debt review they cannot take his vehicle, unless he voluntarily surrenders it or they have a court order from the High Court.

Ask his debt counsellor for a letter confirming that he is under debt review and give that to the people that show up wanting to take the vehicle. It is also important that you iterate with the bank the fact that your husband is under debt review. Keep record of every single piece of correspondence you have with them in order to build a record.

They cannot repossess the vehicle when he is under debt review.

Kind regards