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Withdrawing from Debt Counseling
!!!!It is very important that you think very carefully about going under debt counseling because once you have been declared over indebted and accepted into the process it will be very difficult to withdraw from the process and even more difficult to remove the Debt Counseling flag from your credit bureau record. Below is an extract from the Guideline:
CAN A DEBT COUNSELLOR TERMINATE OR WITHDRAW DEBT REVIEW PROCESS?
A debt counselor does not have statutory powers to terminate or withdraw the debt review process. This means that a debt counselor can no longer issue Form 17.4 and update DHS with status G (Voluntary withdrawal by consumer) or H (Withdrawal by a debt counselor). There is However varied ways in which a consumer can be withdrawn from debt review which will be set out below.
CAN A CONSUMER WITHDRAW FROM DEBT REVIEW PROCESS ONCE A DEBT REVIEW COURT ORDER HAS BEEN OBTAINED?
Once a debt review court order has been obtained a consumer cannot terminate or withdraw the debt review process, they can however approach the court to rescind the order or apply for an order which declares that the consumer is no longer over-indebted. Upon receipt of the order, a debt counselor will notify the credit providers of the withdrawal by means of Form 17.W and update DHS with status G.
CAN A CONSUMER WITHDRAW OR TERMINATE DEBT REVIEW PROCESS PRIOR TO OBTAINING DEBT REVIEW COURT ORDER?
Consumers can only withdraw or terminate the debt review process prior to declaration of over indebtedness as per section 86(7) of the Act and issuance of Form 17.2 subject to payment of debt counseling fees as per NCR Debt Counseling Fee Guidelines. If a determination is made and no court order is in place, the consumer will remain under debt review. A debt counselor will notify the credit providers of the withdrawal by means of Form 17.W and update DHS with status G.
CAN A CONSUMER BE TRANSFERRED TO ANOTHER DEBT COUNSELLOR?
A consumer under debt review may be transferred to another debt counselor subject to payment of all debt counseling fees where it has been established that the previous debt counselor followed the correct process. • Form 17.7 should be used to facilitate this process.
