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My debt review horror

Nov 14 2012 10:55

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A Fin24 user makes an impassioned plea for help with her debt review. She writes:

I appeal to you to assist me with my debt review matter. I have not once missed a payment.

The problem is that the National Payments Distribution Agency (NPDA) acted according to the debt counsellor's proposal and the debt counsellor obviously did not update their records, therefore payments were stopped by the NPDA, being under the impression that the accounts are cleared.

According to the creditors I defaulted in payment. This is completely incorrect, the unallocation of payment was not caused by me whatsoever.

Despite the debt counsellor confirming at the beginning of this year and towards June/July that all my accounts should be settled and my debt review finished in July 2012, to my horror this is not the case.

Since July 2012, which is now four months later, emails have been going backwards and forwards between the banks, debt counsellor, National Credit Regulator (NCR) and Debt Counsellors Association (DCASA).

The matter is still not resolved and it seems that the creditors and debt counsellor are just fighting this battle instead of coming to an agreement and accepting payment. Neither is forthcoming and I am currently totally in the dark as I don’t know who to believe, bearing in mind that I have been to the NCR, DCASA and Credit Ombud.

The thing is, a few years back, I got myself into financial difficulties. I accumulated a lot of medical expenses; at one stage this was approximately R60 000 in one year. I was fully responsible for these expenses and had no financial assistance.
 
I am a single mother and it has recently come to light that my son has Noonan Syndrome, which is a condition that can affect the heart, growth, and mental and physical development.

It is generally recognised by a heart valve defect present at birth. The syndrome is a genetic disorder that causes abnormal developments of multiple parts of the body. This is not something that any parent would expect.
 
My son has had many medical complications from birth and was admitted to hospital on numerous occasions for mainly bronchial pneumonia. This has subsided over the years.

He also has learning disabilities and attends a remedial school where he receives occupational and speech therapy and sees a psychologist. The syndrome is associated with his learning problems and Pulmonary Lymphangiectasia.
 
He is a child that cannot only be seen by a general practitioner, he has to see a paediatrician and various different specialists and therapists. His condition is very rare and complex and only the specialists that have seen him from birth know how to deal with it.

It has taken the doctors more than eight years to come to a conclusion about his condition, after many different tests and discussions.
 
I have never had any intention whatsoever to misuse my credit facilities and have only my son’s interest at heart.

I unfortunately used the credit cards to purchase goods as I had to use the “cash” for household goods, etc. He needs all the assistance via specialists and therapists to get through this already difficult life.

His journey is not going to be an easy one and he has in his nine little years been through more than any person should have to endure.

As his mother I am the only person that could ease this for him by letting the doctors do all the necessary tests and giving him the necessary medication.
 
I am able to give you the reports of the doctors, specialists and therapists that confirm the above. He is my only son and I have one chance with him. I want to give him the best possible medical care and attention.  
 
I thought, at the time, that being under debt review is a good “move” forward. This seems to be a huge mistake as:
1)    The court order does not seem to mean much to anybody.
2)    The debt counsellors and the creditors don’t work together.
3)    The payment offer drawn up by the counsellor is not accepted by creditors (I don’t even think that this is acknowledged).
4)    The NPDA works according to the offer that has not even been accepted by the creditors.
5)    You are informed by the debt counsellor that your accounts are clear, in the meantime creditors take legal action against you.
 
I humbly request that the creditors reinstate my debt review and do the reconciliations per either the court order, debt counsellor's offer or write the balance off.

 - Fin24

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Disclaimer: All articles and letters published on MyFin24 have been independently written by members of the Fin24 community. The views of users published on Fin24 are therefore their own and do not necessarily represent those of Fin24.

Fin24 reserves the right to obtain service providers' comments before publishing any articles or letters, and to edit any material used. Fin24 also reserves the right to edit or delete any and all user comments received.


 
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