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Bad Credit Report After Debt Review.
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TOPIC: Bad Credit Report After Debt Review.

Bad Credit Report After Debt Review. 1 year ago #34

  • Warendbzgt
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Hi. I have joined this forum as as last hope to get some sort of help.

My story:
I applied for Debt Review in May 2010. All the concerned credit providers accepted the proposals. I was instructed by my debt conselor not to make payment to my creditors for the first 60 days ( May 2010 and June 2010 ) as these fees go to the debt counselor to cover there fees. I started paying the new paymnet agreement from Jully 2010 onwards. a court order was issued in May 2011 and in October 2011 i was able to honor the court order and settle all my debit. Subsequint to setteling all the debit i have officially been issued with a clearance certificate in April 2012. I have been removed from Debt review completly and the flag has been removed from my ITC profile. But upon applaing for motor finance, it was declined due to, in the words of Wesbank "a very bad payment record"! I disputed my credit history as I have never ever missed or short paid any of my accounts ever!! I was then informed that the bad payment history came from the payment that made to the debit conselor in the first 60 days and not the credit provider. Because of this i am still unable to obtain credit and i will not be able to obtain credit for the next two years untill such time as the bad payment history dies not appear any more.

Is there any way i can chalenge the information on my credit profile, other then to log a dispute with ITC, as it is reflecting a completly false payment history and Wesbank is refusing to rectify the paymnet history?

Your assistance will be greatly appriciated.

Re: Bad Credit Report After Debt Review. 7 months, 3 weeks ago #43

  • Heyns
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hey there, have you had any luck with this??? i am also in the process of exiting and was given the same instructions by my counselor at the time, to pay them instead and fear I may now end up in the same situation as you with your credit report

Re: Bad Credit Report After Debt Review. 7 months, 3 weeks ago #44

  • Ron
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Section 70 of the NCA applies:

a person’s credit history, including applications for credit, credit agreements to which the person is or has been a party, pattern of payment or default under any such credit agreements, debt re-arrangement in terms of this Act, incidence of enforcement actions with respect to any such credit agreement, the circumstances of termination of any such credit agreement, and related matters;

Accept the filing of consumer credit information from any credit provider on payment of the credit bureau’s filing fee, if any;

Accept without charge the filing of consumer credit information from the consumer concerned for the purpose of correcting or challenging information otherwise held by that credit bureau concerning that consumer;

Take reasonable steps to verify the accuracy of any consumer credit information reported to it;

Promptly expunge from its records any prescribed consumer credit information that, in terms of the regulations, is not permitted to be entered in its records or is required to be removed from its records;

Not draw a negative inference about, or issue a negative assessment of, a person’s creditworthiness merely on the basis that the credit bureau has no consumer credit information concerning that person;

Not knowingly or negligently provide a report to any person containing inaccurate information.

For the purpose of monitoring the consumer credit market to detect apparent patterns of reckless credit granting and over-indebtedness, researching the accessibility and use of credit by persons contemplated in section 13(a), and otherwise exercising its mandate to research consumer credit issues and to investigate and enforce compliance with this Act, the National Credit Regulator

Failure by a credit bureau to comply with a notice issued in terms of section 55, in relation to this section, is an offence


you can lodge a complaint with the NCR and the credit Ombudsman

The consumer act sec 40 applies
Unconscionable conduct
40. (1) A supplier or an agent of the supplier must not use physical force against a
consumer, coercion, undue influence, pressure, duress or harassment, unfair tactics or any other similar conduct, in connection with any—

(a) marketing of any goods or services;
(b) supply of goods or services to a consumer;
(c) negotiation, conclusion, execution or enforcement of an agreement to supply any goods or services to a consumer;
(d) demand for, or collection of, payment for goods or services by a consumer; or
(e) recovery of goods from a consumer.
(2) In addition to any conduct contemplated in subsection (1), it is unconscionable for a supplier knowingly to take advantage of the fact that a consumer was substantially unable to protect the consumer’s own interests because of physical or mental disability, illiteracy, ignorance, inability to understand the language of an agreement, or any other similar factor.

Re: Bad Credit Report After Debt Review. 7 months, 3 weeks ago #46

  • Ron
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Credit bureau information Sec70
a person’s credit history, including applications for credit, credit agreements to which the person is or has been a party, pattern of payment or default under any such credit agreements, debt re-arrangement in terms of this Act, incidence of enforcement actions with respect to any such credit agreement, the circumstances of termination of any such credit agreement, and related matters;

Accept the filing of consumer credit information from any credit provider on payment of the credit bureau’s filing fee, if any;

Accept without charge the filing of consumer credit information from the consumer concerned for the purpose of correcting or challenging information otherwise held by that credit bureau concerning that consumer;

Take reasonable steps to verify the accuracy of any consumer credit information reported to it;

Promptly expunge from its records any prescribed consumer credit information that, in terms of the regulations, is not permitted to be entered in its records or is required to be removed from its records;

Not draw a negative inference about, or issue a negative assessment of, a person’s creditworthiness merely on the basis that the credit bureau has no consumer credit information concerning that person;

Not knowingly or negligently provide a report to any person containing inaccurate information.

For the purpose of monitoring the consumer credit market to detect apparent patterns of reckless credit granting and over-indebtedness, researching the accessibility and use of credit by persons contemplated in section 13(a), and otherwise exercising its mandate to research consumer credit issues and to investigate and enforce compliance with this Act, the National Credit Regulator

Failure by a credit bureau to comply with a notice issued in terms of section 55, in relation to this section, is an offence
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