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Helping The Bad Payer

A consumer applying for a bond may get the unlucky news that they have been blacklisted for a debt they have not paid on, or they have a judgment for outstanding debt listed against them. This largely curtails the possibility of a bond being granted to them, but all is not lost, and there are ways to help that consumer.

The consumer would do well to approach an attorney for assistance, who would be able to assist in a variety of ways.

The Possibility Of Settlement

An attorney can approach the creditor, the person to whom the consumer owes the debt. The attorney can negotiate payment of the debt between the consumer and the creditor. Such negotiation is important, because it might be possible that the creditor is willing to consider settlement. Settlement means the creditor is willing to accept payment of only a part of the debt as full and final payment of the debt.

Removing Or Disputing The Blacklisting

Blacklisting means that a consumer’s non-payment or “default” on a debt is recorded at various Credit Bureau Default Listing agencies. These agencies keep record of a consumer’s credit information. Any creditor consults these agencies for information when considering a consumer who is applying for a bond. If a consumer is blacklisted at one of these agencies, the attorney may negotiate with these agencies to have a consumer’s blacklisting removed. If the blacklisting is unfair, unreasonable or incorrect, an attorney can dispute the blacklisting on the consumer’s behalf, and advise on and attend to the related processes.

Debt Counselling

An attorney can also refer a consumer who has been blacklisted to a reputable debt counsellor. A reputable debt counsellor can assist a consumer who finds themself in a position where their debts are stacking up, and payment thereof has become a challenge. The debt counsellor and attorney can work together to undertake a debt review, during which a court is asked to order a debt repayment plan which suits the payment capabilities of the consumer.

Rescission Of Judgement Against The Consumer

A judgment for outstanding debt being listed against a consumer means that a creditor has obtained judgment against a non-paying consumer in a court, and that judgment now reflects on the consumer’s credit record. An attorney can assist with a so-called rescission of judgment. Here, an attorney negotiates with the creditor on behalf of the consumer for payment of the debt, either in full or with a settlement.

Once payment of the debt is made, the creditor will consent to the rescission of the judgment, and the attorney will apply to court for rescission of the judgment. Once the court orders the rescission, the court order can be used to have the listed judgment against the consumer removed from the consumer’s credit record at the relevant Credit Bureau Default Listing agency.

A consumer who is blacklisted or has a judgment listed against them is therefore not without help. Any attorney can truly assist.

HARDUS ENGELBRECHT
CANDIDATE ATTORNEY

LOMBARD & PARTNERS INCORPORATED
012 346 6969
law@grutlom.co.za

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