
How We Oppose Creditor Legal Action During Debt Review |
Standing Up for Our Clients
At SS Debt Counsellors, we are unwavering in our commitment to protecting clients who are undergoing the Debt Review process. While this legal process is designed to shield clients from creditor action, there are instances where creditors may still attempt to take legal steps.
Our priority is to protect and empower our clients. When creditors initiate legal action during Debt Review, we leverage our expertise, legal resources, and dedication to ensure our clients are safeguarded every step of the way.
Here’s how we firmly and effectively oppose such matters to safeguard our clients:
- Ensuring Legal Compliance
The Debt Review process, once initiated, provides legal protection against creditors seeking to take further action. Our first step is to verify that all necessary notifications—such as Form 17.1 and 17.2—have been sent to creditors and recorded with the National Credit Regulator (NCR). This ensures compliance with the National Credit Act (NCA) and establishes the legitimacy of our client’s Debt Review status.
- Immediate Engagement with Creditors
When notified of legal action, we act swiftly by reaching out to the creditor involved. Our team reviews the details of the case and reminds the creditor of the client’s Debt Review protection. Many cases can be resolved through direct communication, preventing further escalation.
- Legal Representation by Our In-House Attorney
With the advantage of having a qualified in-house attorney, we are uniquely equipped to handle such situations efficiently. Our attorney engages directly with the creditor’s legal team, highlighting the protections afforded to the client under the NCA. If necessary, we file an urgent application to halt any unlawful proceedings.
- Court Representation
Should the matter proceed to court, our in-house attorney represents the client’s case, ensuring their rights are upheld. We present evidence that the client is under active Debt Review and that the repayment plan has been agreed upon or is in progress. Our thorough preparation often leads to favourable outcomes for the client.
- Protecting the Debt Review Process
We emphasize the importance of adhering to the Debt Review process, not only for the client but for creditors as well. Legal action during Debt Review undermines the process and can result in unnecessary delays and costs for all parties involved. By standing firm, we maintain the integrity of the process and ensure our clients remain on track to financial recovery.
- Support and Guidance for Clients
Throughout this challenging time, we provide unwavering support to our clients. We keep them informed of every development, offering reassurance and guidance as we navigate the legal process together. Our clients can trust that we are actively working to resolve the matter in their favour.