Debt Review Information Pack

Transcription

1 Debt Review Information Pack First National Bank - a division of FirstRand Bank Limited. An Authorised Financial Services and Credit Provider (NCRCP20).

2 it sssssssssss Introduction The Debt Review Process A high level overview of the debt review process is as follows: Start of debt review Debt counsellor Debt counsellor issues a clearance certificate when debt is settled Consumer Consumer approaches a debt counsellor Debt counsellor Consumer s financial position is to be reviewed annually by the debt counsellor Debt counsellor Debt counsellor notifies credit providers and credit bureau via form 17.1 The process is finalised by the granting of a debt rearrangement order Debt Counsellor Matter is set down in court by the debt counsellor (credit providers may oppose the matter in court if agreement is not reached) Consumer Consumer ensures that credit providers receive regular monthly payments as agreed in terms of an accepted proposal (or debt rearrangement order when granted) to avoid termination Payment Distribution Agent Payment Distribution Agent distributes funds in terms of the payment plan (or debt rearrangement order when granted) to credit providers Important time lines Debt counsellor must submit a Form 17.1 to all credit providers within 5 business days (excluding Saturdays, Sundays and public holidays) from date of application. Credit providers must provide certificate of balance to the debt counsellor within 5 business days to the debt counsellor after receipt of the Form Consumer Consumer commits to a payment plan and makes monthly payments to Payment Distribution Agent (PDA) Consumer Consumer may not incur any further debt (credit agreement or use overdraft / credit card) unless it is to consolidate debt Credit provider Credit providers issue a certificate of balance to the debt councellor Debt counsellor Debt counsellor confirms to credit providers whether consumer is over- indebted or not Debt counsellor If consumer is over-indebted, debt counsellor and credit providers enter into payment negotiations It is imperative that lifestyle changes are made in order to make a success of the debt review process.

3 What you need to know Credit Agreement Exclusions: A credit agreement may be excluded from debt review if: It is in the name of a juristic person (e.g. company / closed corporation / trust with more than two trustees, etc); If a section 129 (1)(a) notice has been delivered on the credit agreement prior to the application for debt review; Or legal action was taken. Examples of legal action is: Section 129(1)(a) notice / Summons / Default Judgment / Attachment: A section 129(1)(a) notice is drafted and delivered to the consumer s chosen domicilium address or last known address by the credit provider via the method chosen in the credit agreement, mostly via registered mail, if the consumer is in default under a credit agreement as is required by the NCA. This is a requirement before the bank is able to approach a court to enforce its rights under the credit agreement. Credit bureaus: Your debt counsellor will notify all credit bureaus that you have applied for debt review and that you have been found over-indebted. If you voluntarily withdraw from debt review (before a debt rearrangment court order has been granted) or when a clearance certificate is issued (all your credit agreements are paid in full) your debt counsellor will send an update to the credit bureaus. Credit card reward offering: While under debt review you may not utilise your credit card(s) or incur any further credit. By default you will therefore not qualify to earn ebucks and also not access other value added services (e.g. slow lounge, cashbacks, etc. on your credit card(s). Please note that all value added benefits and rewards provided to you by FNB Credit Card, including Automatic Debt Protection, will be suspended and no claims against these will be honoured. The same applies should you avail of Top-up Debt Protection. Debit orders / payroll deductions Debit orders and payroll deductions will not automatically be cancelled. Please submit a signed written instruction to each credit provider to cancel your debit order(s) / payroll deduction(s) to avoid unnecessary unpaid debit order fees or payroll deductions. A special Power of Attorney may also be provided by you to your debt counsellor, authorising the debt counsellor to instruct FNB to cancel your FNB credit agreement debit orders / payroll deductions. In the event of a joint (with more than one account holder or consumer) account, please ensure that all account holders / consumers concerned sign the instruction to cancel the debit order / payroll deductions.

4 What you need to know continued... Debit orders / payroll deductions If debit orders are not cancelled, the credit providers will continue to raise these against your bank account and in the case of insufficient funds your account will be debited with unpaid debit order bank fees,which will increase your outstanding balance. Kindly note that FNB can only cancel FNB credit agreement related debit orders and not those of your other credit providers. A stop payment may be placed on your debit orders at your bank (where your transactional / cheque account is held) at a nominal fee. Further credit You may not incur any further credit while under debt review, except to consolidate existing credit agreements, and this only with the written consent from you, your debt counsellor and the bank. If you incur further credit on a credit facility (e.g. credit card or cheque with overdraft account) the credit agreement may be excluded from the debt review process. Payment If regular payment is not received, if late payment is made, if no payment is made, or if payment is not reasonable, that credit agreement may be terminated from debt review by the credit provider. In the event of missing or incorrectly allocated payments the credit provider will require bank proof of payment from your Payment Distribution Agent or debt counsellor in order for us to investigate the matter. The credit provider will not be held reponsible for any fees, charges or interest that has been generated if the missing payment was as a result of payments being made to an incorrect account number or using an invalid reference. It is imperative to note that where a debt rearrangement proposal has been accepted on the basis that payments need to increase after a period of time, that you ensure that payments are increased on the due date and in line with any final proposal acceptance or debt rearrangement order granted. Failure to do so could result in default and the termination of the credit agreement from debt review. Where possible we will inform debt counsellors regarding the importance of adhering to payment review dates, but it remains your responsibility to do so. It remains your responsibility to ensure that your credit providers receive regular payments in terms of your agreements. It is advisable to maintain payment during the debt review process to minimise the negative impact of compounded interest, further fees and charges.

5 What you need to know continued... Proposal Your debt counsellor will submit a debt rearrangement proposal to your respective credit providers to negotiate a reduced payment and extended repayment term. The credit provider is not obligated to accept the proposal. If no resolution is reached, the matter may be argued in court and the court will make a final ruling. The payment proposal needs to include repayment towards interest, fees and charges as well as capital reductions. Debt rearrangement proposals may be submitted to the credit providers via the Debt Couselling Rules System (DCRS) or outside of DCRS. The DCRS is based upon industry agreed rules and principles. Applying for debt counselling should not be seen as an opportunity to avoid payment obligations under a credit agreement. The funds lent to you remain due and payable by you and it would be in your best interest to maintain reasonable payments. Refunds If a refund (for a debit order, payroll deduction, SARS refund, etc) is required for any particular reason, your debt counsellor will need to send the credit provider a request for consideration along with your banking details. In the event that the refund must be paid to a non-fnb account, we will require either a copy of your bank statement or a letter from your bank confirming your banking details. Settlements You may settle a credit agreement at anytime during the debt review process upon receipt of a settlement figure from our offices. A paid up letter may be requested and will be provided upon full and final settlement. Termination A credit provider may terminate a credit agreement from the debt review process if you are in default of the credit agreement and 60 business days have passed since you applied for debt review. A credit provider may then institute legal action. All the terms and conditions of the original credit agreement remain in full force and effect. Your debt counsellor and the National Credit Regulator will be notified of your default either via registered mail or their preferred method of communication. You will be notified of your default via registered mail sent to your last known domicile address. If you are found to have defaulted in terms of a debt rearrangement court order the account will automatically be terminated without any notification and a credit provider will resume with enforcement action outside of debt counselling. However, in the event of default, we may make contact with you to advise you of same and request payment before proceeding with enforcement action.

6 e Introduction What you need to know continued... Transfer You may transfer to another debt counsellor at anytime in the process. The credit provider will however require the necessary supporting documentation from your debt counsellor advising of the transfer. Kindly note that your debt review process does not start afresh upon transferring to a new debt counsellor, but continues uninterrupted. Any credit agreement(s) that may have been terminated will therefore remain terminated and any proposal agreed to or debt rearrangement court order granted will be of full force and effect. Voluntary withdrawal Prior to the granting of a debt rearrangement court order you may voluntarily withdraw from debt review. Your debt counsellor will notify your credit providers and the credit bureaus accordingly. If you would like to withdraw from debt review after a debt rearrangement court order has been granted, please note that the debt rearrangement court order must first be set aside (overturned) at your cost. Once the debt rearrangement court order is set aside your debt counsellor will notify your credit providers and the credit bureaus accordingly. Please note that you will still be liable for payment in terms of the debt rearrangement court order until the court order has been set aside by the court. Voluntary withdrawal Upon receipt of the necessary supporting documentation we will amend your records to indicate that you have exited from the debt review process. Please note that your pre-existing credit facilities (e.g. overdraft, credit card, etc.) will not automatically be reinstated. A new credit application will need to be submitted for credit assessment. Court order: A consent order / tribunal order / debt rearrangement order, vary the repayment terms and instalment due under the credit agreements and end the debt review process. Such orders do however not cancel the credit agreement and all rights and obligations thereto are retained until the outstanding balance has been settled in full. It would be in your interest to ensure that your debt counsellor contact your credit providers at least 3 months prior to a credit agreement being paid off to ensure that the credit agreement is settled in full. Clearance certificate On the settlement of all your credit agreements, your debt counsellor will issue a Form 19 Clearance Certificate to all your credit providers and the credit bureau.

7 e Introduction What you need to know continued... Change in Circumstances Your debt counsellor must be advised of any changes in your financial position. This will include, but is not limited to, increase in available income, bonuses, inheritance, retrenchment, SARS refunds, maternity leave, sickness, death, unexpected medical expenses and termination of employment. In the event of an increase in available income your debt counsellor will review your repayment proposal to your creditors and renegotiate a repayment plan. If your available income has been negatively impacted for any particular reason, it is imperative that your debt counsellor notifies your credit providers of exactly what has transpired and provide supporting documentation where applicable (e.g. retrenchment, disability, maternity leave, etc). Please note that there is no guarantee that an extension or payment holiday will be granted as each case is assessed on its own / individual merit. Monthly Transactional Fees The monthly fees on your cheque (transactional) account, with or without an overdraft facility, must form part of your living expenses. Please ensure that these fees are covered over and above any proposal amount negotiated with your debt counsellor. Pension Backed Loans Should you have a loan which is secured by your pension fund benefit, we require a benefit statement issued by your pension fund in order to assess your repayment proposal. This statement must be provided together with the proposal. Investment Accounts Any available funds in an investment account should be distributed amongst your creditors to reduce your overall debt. If a request is received for the release of any investment funds in a FNB account, we will require a distribution list from your debt counsellor along with the banking details of your Payment Distribution Agent. The funds in question will then be transferred to your Payment Distribution Agent for distribution to your creditors. SARS refunds will be treated in the same above manner.

8 Guideline to the industry agreed debt review documents Form 16 Form 17.1 Certificate of Balance Application by consumer for debt review. Notification to all credit providers and all registered credit bureaus of consumer s application for debt review. Certificate issued by credit providers to debt counsellors reflecting a consumer s total debt exposure and the details thereof. Form 17.2 Notification to credit providers advising whether a consumer is over-indebted or not. Proposal A repayment proposal submitted by the debt counsellor to credit providers for consideration. Counter Proposal A credit provider s counter offer to the debt counsellor if the repayment proposal is unacceptable. DCRS Proposal Rework letter is issued if a credit provider does not agree to the debt counsellor s proposal. Provisional proposal acceptance is issued by a credit provider when a proposal is provisionally accepted. Final proposal acceptance is issued by a credit provider when a final agreement has been reached prior to court. Decline letter is issued by a credit provider if no agreement has been reached after a rework letter has been issued. Form 17.3 Notification from the debt counsellor to the credit providers advising of a change in a consumer s financial position.

9 Guideline to the industry agreed debt review documents... Form 17.4 Notification from the debt counsellor to the credit providers of a consumer s voluntary withdrawal from debt review. Form 17.5 Notification from the debt counsellor to the credit providers if they have not received a response to their repayment proposal. Form 17.7 Notification from the debt counsellor to the credit providers of a consumer s transfer from one debt counsellor to another. Notice of Motion Court document specifying when a matter will be heard in court. Court order A debt rearrangement or a tribunal order granted in court to finalise the repayment arrangements; and / or An order stating that the initial court order has been set aside overturned or amended. Form 19 A clearance certificate issued by the debt counsellor upon clearance of all the consumer s outstanding debt.

10 The impact of debt review on your FNB accounts FNB Private Clients / FNB Wealth Accounts If you are not using your cheque / transactional / savings account, please approach your FNB / Wealth branch and request the closure of the account in order to avoid unnecessary bank fees. In order to avoid unpaid fees please ensure that all your debit orders are cancelled with your respective credit providers, other financial institutions and service providers. You may also want to consider placing stop payments on these debit orders with your bank at a nominal fee. Credit insurance (life and asset) premiums will remain payable and provision must be made for same in any repayment proposal. If the payment of premiums are not made the relevant policy will lapse, this means that you will no longer have the protection offered by the credit insurance. FNB Transactional Accounts (for example Cheque Account, Smart Account and Mzansi Account) Your account will continue to generate monthly bank fees until the account is closed. If you are not using the account and there is no Smart Device, Temp Loan or Revolving Loan connected to the cheque account, please approach your FNB branch to request the closure of the account in order to avoid unnecessary bank fees. Should you require duplicate statements, these may be requested from your FNB branch at a nominal fee or obtained online or via an ATM. You may continue using your account to deposit your monthly income, but need to bear in mind that the account(s) attract monthly transaction and account fees, which must please be covered at all times. Please also note that the terms of conditions of the cheque account remain in force. FNB Cheque Account with Overdraft Your account will continue to generate monthly transaction, account fees and interest until any amount owing is settled and the account closed. The outstanding balance on your cheque / overdraft account is automatically capped at the amount of the overdrawn balance on the date that your debt review application is received and a certificate of balance is issued by the bank. Example: If you have an overdraft facility of R and at the time of applying for debt review your outstanding balance is R8 000, then your overdraft limit is automatically capped at R If your cheque account was in credit at the time then the overdraft limit will be cancelled entirely. In order to avoid unpaid debit order fees please ensure that all your debit orders are cancelled with your respective credit providers, other financial institutions and service providers. You may also want to consider placing stop payments on these debit orders with your bank at a nominal fee. Any deposits received over and above your debt review payment to your overdraft account will automatically reduce the outstanding balance. If no deposits are received within a 30 day period the account will automatically become inactive. If no deposits are received after a 180 day period the account will automatically become dormant and any deposits to the account will be rejected. In the event that this occurs please contact the FRB Debt Review Centre in order for the account to be reactivated. If you do not intend to utilise your account in future once you have settled your overdraft facility and there is no Smart Device, Temp Loan or Revolving Loan, please approach your FNB branch and request the closure of the account in order to avoid unnecessary bank fees. Your account number may change during the debt review process. Kindly note however that in the event of a change in account number, we will advise you and your debt counsellor of this change. In the event that you withdraw from the debt review process, please note that your overdraft facility will not be reinstated. A new credit application will need to be submitted for credit assessment.

11 The impact of debt review on your FNB accounts continued... FNB Cheque Account with a Smart Device We will advise your debt counsellors of the Smart Device and request that allowance be made as part of your living expenses to cover the repayment of same. It is important that payments are kept up to date without fail. FNB Cheque Account with Revolving Loan As per your credit agreement a monthly fee of R40.00 will be charged to your cheque account for the Revolving Loan facility. Please note that the Revolving Loan is repaid via debit order, a stop payment must be placed on the debit order upon receipt of the final rearrangement proposal or court order, in order to avoid any unnecessary bank charges. FNB / Clicks / Discovery / Kulula / Vodacom Credit Card: Your credit card facility / facilities will automatically be revoked (credit limit will be R 0.00) and your credit cards will not be reissued when you apply for debt review. Your credit card account number may change during the debt review process. Kindly note however that in the event of a change in account number, the respective credit card account numbers are interlinked and therefore payment may be made to any of the credit card account numbers. In the event that you voluntarily withdraw from the debt review process please note that your credit card facility and credit limit will not be reinstated. A new credit application will need to be submitted for credit assessment. FNB Cheque Account with a Temp Loan Payments for your Temp Loan must be made via your cheque account. FNB One Account: A savings / transmission / transactional account will need to be opened at your FNB Branch for your salary / salaries and daily living expenditure. In order to avoid unpaid debit order fees please ensure that all your debit orders are cancelled with your respective credit providers, other financial institutions and service providers. You may also want to consider placing stop payments on these debit orders with your bank at a nominal fee. You may not make use of your One Account credit facility while under debt review.

12 The impact of debt review on your FNB accounts continued... FNB Home Loans / FNB Smart Bond (Housing Finance): In the event that a consumer is married in community of property, a joint debt review application must be submitted, thus both spouses must apply for debt review. In the event of joint bonds (where is more than one consumer liable for the same mortgage agreement): If the debt review joint bond holder and the non-debt review joint bond holder is capable of paying 100% of the bond instalment (as well as a portion of the arrears, if applicable) as per the original mortgage agreement, the mortgage agreement will be excluded from the proposal (not restructured) and included as a necessary living expense. If the consumers (debt review and non-debt review joint bond holder) are living together, the contribution of each party to the joint household (bond repayment and living expenses) must be taken into consideration when the affordability assessment is conducted and the debt rearrangement proposal is drafted by the debt counsellor. If the home owner s insurance premium (for the property) is paid via the home loan account: Upon renewal of the policy, an arrangement must be made directly with the insurance company for payment of the premium, as same will not be paid from the home loan account. The insurance remains a requirement of the home loan and must be maintained. Failure to do so is a breach of the agreement. Any Flexibond facility will automatically be cancelled upon applying for debt review and should you later withdraw from the debt review process you will need to be reassessed (upon application) for a flexi facility. FNB Personal Loans / Smart Spend Loan Your credit agreement account number may change during the debt review process.

13 Frequently asked questions? May I make additional payments to my credit agreements? Yes, you may. If I want to voluntarily withdraw from debt review and my debt counsellor has deregistered, who can assist me? You may contact the National Credit Regulator on telephone number for assistance. They will provide your credit providers with a letter with their findings. We will also require a signed letter from you stating that you have voluntarily withdrawn from the debt review process. If however, there is a court order in place, you will be required to have the court order set aside at your cost. The interest rate, fees and charges concession which applied during debt review will no longer be applicable in this regard. What happens if I can no longer afford to maintain payment in terms of the granted court order? You need to inform your debt counsellor who will need to apply to court for an amendment of the court order. Kindly note that you will need to continue making payment in terms of the initial court order until such time that the amendment is granted by court. If a credit agreement has been terminated can it be reinstated under debt review? We will consider reinstating a credit agreement on a case-by-case basis depending on the circumstances. In the event that I have voluntarily withdrawn from debt review and wish to make a payment arrangement who do I contact? You may contact the credit provider directly to make an arrangement.

14 FRB Debt Review Centre Telephone Number: address: Fax: National Credit Regulator Telephone Number: Website: Banking Ombudsman Telephone Number: Website: Credit Ombudsman Telephone Number: Website: National Consumer Tribunal Telephone Number: Website: Contact details for FNB complaints: Telephone Number: address: Website: Collection Departments: FNB Credit Card Collections Telephone Number: FNB Home Loan Collections Telephone Number: FNB Smart Bond (Housing Finance) Collections Telephone Number: FNB Loans Collections Telephone Number: LEGISLATION TO PROTECT YOU The applicable legislation aimed at protecting you as a consumer is the National Credit Act 34 of 2005 (NCA). Should you require a copy of the NCA, please visit or CBS Risk Management (Overdrafts / Revolving Loans / Temporary Loans / Smart Devices) Telephone Number: