Frequently Asked Questions about Exiting Debt Review

Can a consumer who is under debt review get sequestrated, and what happens to the debt review?

Yes, a consumer currently under debt review can be sequestrated. When the sequestration order is granted, the debt review will come to an end.

Can a consumer who has applied for debt review voluntarily exit the process?

No, read our blog articles about exiting the debt review process for more info.

Can a consumer who is under debt review approach the court for an order that they are no longer over-indebted and no longer in debt review.

No, while this process has been used in the past for a consumer to exit debt review, there is case law that this process is not valid. NO COURT CAN END THE DEBT REVIEW PROCESS. The only way for a debt review process to end is for a Clearance Certificate to be issued by a Debt Counsellor.
Anybody following this process to exit a debt review is opening themselves up to various legal risks or complications.

What happens if a consumer never applied, or knew that they were applying for debt review?

If a consumer believes that they either never applied, or that the process was not properly explained to them, they can lodge a complaint with the National Credit Regulator. The NCR will investigate and if the debt counsellor cannot prove that a valid application was received from the consumer, the NCR will end the process and the listing on the NCRDHS database will be removed.

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