Home / Under debt review

Borrowing while you are under debt review

No. Under section 88 of the National Credit Act, once you apply for debt review you may not take on new credit until it ends, and RandScout shows no loan offers to anyone under review. The way out: settle the debts under review (a home loan only needs to be up to date) and get a clearance certificate.

Last updated

Why this page lists no lenders

Section 88 of the National Credit Act does not let a registered credit provider grant new credit to someone under debt review, and a lender who does risks the agreement being declared reckless. So we list no lenders here, and our comparison shows no loan offers to anyone who tells us they are under debt review. Once you hold a clearance certificate, you can compare like anyone else.

Check that a debt counsellor is registered before you sign anything:

NCR register of debt counsellorsopens in a new tab

Why you cannot borrow while under debt review

Debt review is a process under section 86 of the National Credit Act for people who cannot keep up with their debts. A debt counsellor registered with the National Credit Regulator assesses your income and expenses, and if you are over-indebted, negotiates a restructured plan with your creditors — usually lower monthly payments over a longer period — which is then made an order of court or the National Consumer Tribunal.

From the moment you apply for debt review, a flag is placed on your credit record. While it is there, the Act does not allow you to enter into a new credit agreement, other than a consolidation agreement arranged as part of the review itself. A credit provider who lends to you anyway risks having the agreement declared reckless and unenforceable. That is why this page does not list lenders: none that is registered may lend to you until the review is over.

What debt review protects you from

While the review is running, the creditors whose accounts are included may not take legal action to enforce those debts, as long as you keep to the restructured plan. You make one monthly payment, usually to a payment distribution agency, which pays each creditor its share. Interest and fees on many accounts are reduced as part of the negotiation, which is how the plan becomes affordable.

The protection depends on you keeping up the single payment. If you fall behind on the plan, creditors may be able to resume enforcement, so if the payment becomes too much, speak to your debt counsellor straight away about having it reviewed.

If you need money during the review

Emergencies do not stop for debt review. If an unexpected cost comes up, talk to your debt counsellor first; they can tell you whether the plan can be adjusted for a period. Some employers offer salary advances or assistance funds that are not credit agreements. Family support, selling something you do not need, or a payment arrangement directly with the person you owe are all options that do not create new debt.

Be very careful with anyone who offers you a loan 'even under debt review'. They are either not registered, or they are relying on you not knowing the law. Unregistered lenders do not have to follow the interest caps, and some hold your bank card or ID document as security, which is illegal.

Leaving debt review early

Debt review is meant to run until the debts in it are paid, except for long-term secured debt such as a home loan. In limited circumstances a court can end it earlier — for example, when you are no longer over-indebted. Leaving removes the protection against legal action, and the full original terms of your accounts may apply again. Do not stop paying the plan in the hope of leaving: get advice from your counsellor or a legal adviser first.

When the review ends

Once you have paid off the debts under review, or all of them except your home loan if its arrears are settled, your debt counsellor must issue a clearance certificate. The credit bureaus must then remove the debt review flag from your record. From that point you may apply for credit again like anyone else.

Your record will still show how the accounts were paid during the review, and providers will look at that history. A few months of on-time payments on any remaining account before you apply will help more than applying the day the certificate arrives.

Checking your debt counsellor

Every debt counsellor must be registered with the National Credit Regulator, and the register is public. Debt counsellors' fees are regulated and are paid out of the plan, not up front in large amounts. If you are unhappy with your counsellor, you may complain to the regulator, and in many cases you may transfer to another registered counsellor.

Making the plan work

Most people who finish debt review do it by treating the monthly payment as their first expense, before anything else. Build a simple budget with your counsellor that includes the irregular costs — school fees, car services, December — so that they do not push you into missed payments or informal borrowing.

If your income rises during the review, consider paying more into the plan: the debts are settled sooner, and you receive your clearance certificate earlier. If your income falls, tell your counsellor at once; a plan that is adjusted in time is far better than one that fails.

Is debt review the right step?

Debt review suits people who earn a regular income but cannot keep up with what they owe. It is not the only option. If your total debt is small, an administration order granted by a magistrate's court may be simpler. If only one or two accounts are the problem, a payment arrangement agreed directly with those creditors may be enough, and it does not put a flag on your record.

A registered debt counsellor can explain which option fits your situation before you commit. The first assessment should tell you clearly what the monthly payment would be, how long the plan is likely to run and what it will cost.

How RandScout handles this

If you tell us in the quiz that you are under debt review, we do not show you any loan, because the law does not allow one. We explain why instead. When you have your clearance certificate, you are welcome to compare again — our loan cost calculator shows what a loan may cost at most, which is worth knowing before you borrow after a review.

Where this leaves you

  • Your debt counsellor negotiates one reduced payment covering the accounts under review.
  • Your creditors may not take legal steps against you while the review is running.
  • When the last account is settled you receive a clearance certificate, and the bureaus must update your record.

What to be careful about

  • A provider offering credit while you are under review is breaking the law. Walk away.
  • Leaving debt review early is possible in narrow circumstances only, and it removes the protection you have.
  • If the payment is no longer affordable, your debt counsellor can ask the court to change it.
  • Check that your counsellor is registered with the NCR — the register is public.

What may it cost at most?

The National Credit Act caps interest and fees. Enter an amount and a term to see the legal maximum before you compare offers.

Read before you borrow

  • Debt review, explained

    What debt review does, what it costs, what it protects you from, why you cannot simply leave it, and how it ends with a clearance certificate.

  • What a loan really costs

    Interest is only part of it. Initiation fees, service fees and credit life insurance decide what you repay — and the law caps each one.

  • How lenders decide

    Affordability, credit record and each provider's own rules. What actually moves the answer, what does not, and what to do after a decline.

More answers

Questions people ask

Can anyone lend to me while I am under debt review?

No registered credit provider can. Section 88 of the National Credit Act blocks new credit agreements until the review ends or is set aside by a court.

How long does debt review take?

It runs until the accounts under review are settled. For many people that is three to five years, and it depends entirely on what was owed and what was agreed.

What happens when it ends?

Your counsellor issues a clearance certificate, the bureaus remove the debt review flag, and you can apply for credit again like anyone else.

Can I keep my car or house under debt review?

Usually yes, as long as the restructured plan includes those accounts and you keep up the payments. Your debt counsellor negotiates the instalments with each creditor, including those for secured debt.

What is debt review?

A process under section 86 of the National Credit Act. A debt counsellor registered with the National Credit Regulator checks whether you are over-indebted and, if you are, proposes lower payments over a longer period, which a magistrate's court or the National Consumer Tribunal makes binding.

Can I withdraw from debt review?

Not simply because you want to. Since March 2022 the National Credit Regulator's position is that once you have applied you cannot withdraw voluntarily. The review ends when the debts under it are paid and you receive a clearance certificate, or when a court finds you are not over-indebted. Get advice before you try.

What is a clearance certificate?

The document that ends debt review (Form 19). Under section 71 your debt counsellor must issue it within seven days after you have paid every debt under the review, or all of them except a home loan whose payments are up to date.

What happens to my credit record after the clearance certificate?

Within seven days the debt counsellor must send a copy to every registered credit bureau. The bureaus must then remove the debt review flag and the defaults that led to the review. Check your free credit report afterwards to make sure they did.

What if my debt counsellor will not issue the certificate?

You can ask the National Consumer Tribunal to review the decision, and it can order the counsellor to issue the certificate. If the counsellor issues it but does not send it to the bureaus, you can file it with the National Credit Regulator yourself and complain about the counsellor.

What does a debt counsellor do?

Assesses your income, expenses and debts, notifies your credit providers and every credit bureau, negotiates a repayment plan, takes it to court for an order, and then follows up while you pay. A debt counsellor may not take a fee from your credit providers for your application.

How do I check that a debt counsellor is registered?

Every debt counsellor must be registered with the National Credit Regulator. Search the register of debt counsellors on ncr.org.za for the counsellor's name or NCRDC number before you sign anything.

Is debt counselling free?

No. Fees are capped by a guideline of the National Credit Regulator: a small application fee, a once-off restructuring fee and a monthly aftercare fee. A registered counsellor should explain every fee to you before you apply.

Can a credit provider end my debt review?

Only in a narrow case: if you are in default on that account and at least 60 business days have passed since you applied, the credit provider may give notice to end the review. It may not do so once the matter has been filed with a court or the Tribunal.

We are married in community of property. Can one of us apply alone?

No. According to the National Credit Regulator, spouses married in community of property must apply for debt review together. Only people married out of community of property can go through it on their own.

When you come from an advert, we tell that platform whether your visit reached a provider. Cookies for measurement and personalised ads are used only if you accept. “Reject all” stops both. Details