sequestration rehabilitation process
When you intend to start the sequestration rehabilitation process, we receive the relevant documents a notice is published in the Government Gazette and an affidavit is drafted for the clients signature before a Commissioner of Oaths.
Next a report is requested from the curator as well as from the Master of the High Court, which gives permission for a rehabilitation application to be lodged. The report from the Master can take anything from two weeks to three months to obtain and is necessary before we can proceed with the application.
The Hearing: On the court date an Advocate will present the application on your behalf. There is no need for you to attend the court hearing in person. We will notify you of the outcome. A court order will be granted within 10 to 15 days.
The sequestration rehabilitation process to clear your name:
As soon as we receive the court order, we send the order to ITC (Trans-Union), Compuscan, Experian, XDS. We also send a letter with the rehabilitation order, sequestration order, certified copy of clients Identity document and the statement of debtor’s affairs (list of creditors).
ITC takes approximately 21 days to update their records. We have had instances where we phoned ITC within the 21 day period, where they stated that they have
not received any documents, but after the 21 days have lapsed, it was clearly updated on the system. The conclusion is that should the documentation be received by ITC there is no acknowledgement thereof on their system or that they are busy processing the information, but after the 21 days have lapsed, the information has been updated.
We have experienced that ITC’s rules and requirements are sometimes adapted, for example:
– Initially they only required the court order for the rehabilitation to remove all records.
– Later we had to call to receive a reference nr before faxing the rehabilitation order.
– Then it was stated we were not allowed to call as we were a “third party” and instead they waited for the High Court to forward the order before they could take any action.
– At another stage we sent the court order through and ITC removed the entire credit record leaving no records whatsoever of previous debt or the sequestration.
– Currently there are six documents that we need to send through and we have to wait 21 days.
– Some of our clients have reported that within the 21 days, ITC confirmed with a text message that their credit record had been cleared. However another client received a similar text message but still had a record remaining on their credit record.
– Some institutions say that their records may not be removed from ITC until two years after it was placed. In such instances there may be an additional fee payable to have it removed by an independent agency.
We constantly struggle with ITC as their policy is not consistent, and they should comply with the new Credit Act regulations. Please be assured that we will do all in our power to have our client’s name restored.
THERE IS HOPE!!!
We would like to encourage you that there is hope after Rehabilitation!! We applied for rehabilitation on behalf of a client in September 2009. Subsequently the client applied for a loan to purchase a property. Three banks declined the application but a fourth bank granted the loan. Their motivation was that they could see that the
client was able to handle her affairs responsibly. The bank said that she was completely rehabilitated and able to make a positive contribution to the economy.