Frequently asked
questions.

Renting may still be possible while you are under debt review, provided the rental amount is affordable within your budget. Debt review is not itself a new credit agreement.

Consumer Debt Support may help by providing proof of your assessed budget and the rental allowance available in that budget. Final approval remains with the landlord or letting agent.

No. While under debt review, you may not enter into new credit agreements. Credit providers are notified that you are under debt review so that further credit is not granted while existing debt is being restructured.

Once the legal requirements have been met, debts have been settled as required and a clearance certificate has been issued, the debt-review indicator can be removed through the formal clearance process.

Debt review does not normally prevent you from using a savings or transactional bank account with a debit card. You can continue using money available in your account for groceries, travel and other ordinary expenses.

A debit card is different from a credit card or overdraft because it uses available funds rather than new credit.

This depends on how far the legal process has progressed. An account may sometimes still be included when it has been handed to attorneys but legal enforcement proceedings have not yet commenced.

If a summons or other court process has already been served, the position may be different. Contact a registered debt counsellor urgently so the documents and dates can be assessed properly.

Receiving a notice of default does not always mean that the account is automatically excluded. The timing, delivery of the notice and whether legal proceedings have commenced all matter.

Because deadlines can be important, provide the notice to a registered debt counsellor as soon as possible for an assessment of your circumstances.

Debt review is a legal process under the National Credit Act. Registered credit providers must engage with the process, while the debt counsellor must complete the required assessment and demonstrate whether the consumer is over-indebted.

Proposals and disputes may ultimately be considered through the appropriate legal process.

Generally, spouses married in community of property form one joint estate. The debt-review assessment therefore normally includes both spouses, even if much of the debt is recorded in only one spouse’s name.

Your marriage certificate and credit agreements should be reviewed to confirm the correct application approach.

A spouse married out of community of property may often apply individually. The household assessment will still consider the other spouse’s fair contribution to shared living expenses.

Joint debts—such as a jointly held home loan—can affect how the application must be handled, so the agreements should be assessed first.

The debt counsellor should be informed immediately and provided with the death certificate. Credit providers and, where relevant, the executor of the estate will need to be notified.

The effect on a surviving co-applicant depends on the estate, the credit agreements and the restructuring order. Personal legal guidance may be required.

First keep written records of your calls, emails and requests for updates. Confirm that the debt counsellor is registered and in good standing with the National Credit Regulator.

If reasonable attempts to obtain assistance fail, you may contact the NCR for guidance or lodge a complaint. You can check registrations on the NCR register of registrants.

Tell your debt counsellor immediately when your income changes. The counsellor can notify affected credit providers and explore the practical options available, but any temporary concession remains subject to the credit provider’s decision and the applicable legal process.

Do not simply stop communicating or making payments without first obtaining advice.