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Debt Review and Existing Judgements

Questions & AnswersCategory: Debt ReviewDebt Review and Existing Judgements
Anonymous asked 3 years ago

What kind of help can you give someone who has a judgement already?
I have four accounts handed and I need help.

1 Answers
Wikus Olivier Staff answered 3 years ago

Hi there,

Thank you for your question. 

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. Because you have judgements already, there is no guarantee that they will consent to the accounts being included into debt review. Please bear in mind that there are costs involved, and should your judgment creditors not consent to be included, you will still be held liable for work that was done.

You are welcome to email us you details so that we can discuss your options further: [email protected]

Hope this information was helpful.