WELCOME TO DEBT CLEAR.

We assist you to clear debt-related problems,

towards your financial well-being.

 

We are a Registered Alternative Dispute Resolution Company (ADR)

that focus on debt-related mediation.

What We do.

Debt Mediation. Our mandate is derived from the National Credit Act 34 of 2005 and the

Consumer Protection Act 68 of 2008. Some of the functions of Alternative Dispute Resolution Agents are

outlined in the following sections of the National Credit Act:

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When a consumer applies for debt review, a debt counselor must assess the consumer’s income and expenditure to determine whether the consumer is over-indebted or not.

The results of the assessment might reveal that the consumer is either not over-indebted, or the consumer is not over-indebted but is likely to experience financial difficulties in the near future, or the consumer is over-indebted.

In the event where the consumer is not over-indebted, the debt counsellor must reject the application. But if the consumer is not over-indebted but likely to experience financial difficulty, the debt counsellor must assist the consumer to make voluntary arrangements with the creditors to reduce the consumer’s monthly instalments.

We also negotiate with creditors on behalf of consumers and make repayment arrangements that are affordable to consumers.

A credit agreement can either be terminated by a consumer or credit provider.

 

A consumer can terminate an agreement by either paying all the outstanding amounts owed to the credit provider, including fees and charges, or by voluntarily surrendering the goods to the credit provider in terms of Section 127.

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The credit provider can then sell the goods, but if the consumer feels aggrieved by the sale of the goods – because the credit provider sold the goods at a very low price and the consumer is still liable to pay the residual amount – the consumer must attempt to resolve the dispute with the credit provider.

If the dispute cannot be resolved, either the consumer or the credit provider can approach the ADR agent to mediate and resolve the dispute.

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If a consumer is in default under a credit agreement, that is, if the consumer is behind with his/her payments, the credit provider must notify the consumer in writing and propose that the consumer refer the matter to a debt counsellor or ADR agent or other consumer bodies to assist the consumer to develop and agree on a plan to bring the payments up to date.

We negotiate with creditors on behalf of consumers and make repayment arrangements that are affordable to consumers.

Consumer complaints are normally referred to the National Credit Regulator (NCR) for resolution.

As an alternative to referring complaints to the NCR, a consumer can refer a complaint to an ADR agent for resolution by conciliation, mediation, or arbitration.

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If there is a dispute between a credit provider and a consumer that may be referred to the National Consumer Tribunal, the credit provider and the consumer must first attempt to resolve the dispute between themselves.

If they are unable to do so, either the consumer or the credit provider must refer the dispute to the ADR agent for resolution by mediation, conciliation, or arbitration.
Should mediation by ADR agent fails, only then can the matter be referred to the Tribunal.

A consumer may dispute a debit or credit entry shown on his/her statement of account.

The consumer and the credit provider must attempt to solve the dispute between themselves.

If they are unable to do so, either the credit provider or the consumer may refer the dispute to an ADR agent
for resolution by conciliation, mediation, or arbitration.

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As an alternative to referring complaints to the NCR, a consumer can refer a complaint to an ADR agent for resolution by conciliation, mediation, or arbitration.

In addition to the above sections of the NCA:

Fill in the form below to see if you qualify for our debt clear services.