Debt review is a formal legal process regulated by the National Credit Regulator (NCR) under the National Credit Act. Its purpose is to help consumers who are over-indebted repay their debts in an affordable and structured way, while protecting them from legal action by credit providers as long as they comply with the process.
Below is a clear, NCR-aligned explanation of how debt review works, step by step, using plain and easy to understand language.
Step 1: Initial affordability assessment (pre-application)
The process starts with an initial assessment conducted by an NCR-registered debt counsellor.
At this stage:
- You provide proof of income, living expenses, and a list of all your debts
- The debt counsellor checks whether you appear unable to meet your monthly debt obligations
- No NCR forms are submitted yet
- You are not yet under debt review
This step exists to ensure that only consumers who may be over-indebted proceed into the formal process.
Step 2: Formal application for debt review (Form 16)
If the assessment shows that debt review may be appropriate and you agree to proceed, you sign Form 16.
Form 16 is:
- The official application for debt review as prescribed by the NCR
- The point at which the legal debt review process begins
Once Form 16 is signed, the debt counsellor may formally act on your behalf.
Step 3: Notification to credit providers and bureaus (Form 17.1)
After Form 16 is signed, the debt counsellor issues Form 17.1 to:
- All your credit providers
- All registered credit bureaus
This step:
- Flags your profile as “applied for debt review”
- Prevents new credit from being granted
- Requires credit providers to submit verified balances
Step 4: Credit providers submit certificates of balance
Each credit provider must provide:
- Outstanding balances
- Interest rates
- Contractual instalments
- Arrears information
This information ensures that the debt counsellor works with accurate and verified figures, as required by the NCR.
Step 5: Formal over-indebtedness determination
Using the verified information, the debt counsellor performs the formal over-indebtedness determination as required by the National Credit Act.
This is the legal determination that confirms whether:
- You are over-indebted, or
- You can meet your obligations without restructuring
This determination is not the same as the initial assessment and is legally significant.
Step 6: Outcome communicated (Form 17.2)
The debt counsellor then issues Form 17.2, which:
- Confirms the outcome of the determination
- Officially places you under debt review if you are found over-indebted
Once Form 17.2 is issued, withdrawal from debt review is no longer automatic.
Step 7: Repayment plan and negotiation
The debt counsellor prepares a restructured repayment plan based on what you can afford.
This plan is negotiated with credit providers and aims to:
- Reduce instalments to affordable levels
- Extend repayment periods where necessary
- Keep essential assets such as your home or vehicle protected
Step 8: Court or Tribunal order
The repayment plan is then made:
- An order of court, or
- A Tribunal order where applicable
This order makes the arrangement legally binding. As long as you pay according to the order, credit providers may not take legal action against you.
Step 9: Single monthly payment via a Payment Distribution Agency
You pay one monthly amount to a Payment Distribution Agency (PDA), which distributes payments to your credit providers according to the court order.
Step 10: Completion and clearance certificate (Form 19)
Once all debts included in debt review are paid in full:
- The debt counsellor issues a clearance certificate (Form 19)
- Credit bureaus remove the debt review listing and consumer can apply for credit again.
This marks the official completion of debt review.
Final note
Debt review is strictly regulated by the NCR and governed by the National Credit Act. When applied correctly, it is a structured and transparent process designed to help consumers recover financially while repaying their debts responsibly.
If you would like to check whether debt review is appropriate for your situation, you can request an assessment from a registered debt counsellor at
https://debtchamp.co.za