South African Law Centre facilitates the provision of cost effective legal assistance to persons who cannot ordinarily afford the services of a lawyer (qualifying criteria applies). Further, in a bid to make legal services more affordable and thereby more accessible, South African Law Centre has also negotiated reduced set fees with various attorneys throughout the country for commonly encountered legal issues. This allows the consumer of legal services to truly weigh up the legal costs before deciding to incur such costs as all legal costs are disclosed to the consumer before any legal work is begun.
Consumer and Credit Law
Campbell Attorneys are leading consumer and credit law attorneys. The firm applies the highest standard of ethics to assist consumers in financial distress.
Campbell Attorneys have assisted thousands throughou South Africa as well as hundreds of South African expats in Afghanistan, Australia, England, New Zealand, USA and elsewhere, including people working on ships.
Campbell Attorneys are highly regarded experts in consumer law, credit law and insolvency law. Over more than 14 years our credit repair and debt help services have benefited thousands of consumers.
The firm specialises in:
CREDIT REPAIR SERVICES:
Cancellation, i.e. Rescission of Administration Court Orders:
The legal process to stop an administration order for debt repayment to an administrator who is then responsible for distributing the debt repayment to the debtor’s creditors entails the rescission of the court order that enforces the civil debt administration. We are experts in the rescission of administration orders.
Cancellation, i.e. Rescission of Debt Review Court Orders:
Debt counselling can be cancelled. Circumstances change and consumers may find debt review is not working for them or it is just not necessary anymore. This entails the rescission of the court order that enforces the debt review. We have assisted and continue to assist many with the cancellation of the debt review process.
Cancellation, i.e. Rescission of Emolument Attachment Orders:
We assist individuals and employers with the identification of possibly fraudulent ‘garnishee orders’, as well as the cancellation or rescission of EAO’s (Emolument Attachment Orders) and in some instances, with the recovery of monies paid as a result of such fraud.
Cancellation, i.e. Rescission of High Court Judgments:
The National Credit Amendment Act essentially made redundant the necessity to rescind a judgment that is “paid up” as a paid up judgment can be removed by the credit bureau without it being rescinded. As High Court judgments are typically taken for amounts that exceed R100 000 and are seldom immediately “paid up” after the judgment is granted, the need to rescind a High Court judgment often arises where the arrears relating to the High Court judgment have been “paid up” and the consumer wants the judgment off his or her credit report. The requirements to rescind and cancel a High Court judgment differs from the requirements of rescinding and cancelling a magistrate court judgment.
Credit Report Assessment:
Your credit record is essentially a detailed report on how well you manage your credit. In terms of the National Credit Act 34 of 2005, consumers are entitled to free copies of their credit reports once a year and it is generally advisable that one one’s their credit reports from at least four of the major credit bureaux, namely Transunion, Experian, XDS and Compuscan, as one’s consumer credit information can vary amongst the different credit bureaux.
Cancellation, i.e. Rescission of Sequestration Court Orders, or Rehabilitation:
Rehabilitation brings an end to the sequestration process and the insolvent is then deemed to be rehabilitated once the rehabilitation application is granted. The rehabilitated applicant will no longer be legally prohibited from obtaining credit and can hold positions such as a company director, a position that could not have been held had the insolvent not become rehabilitated. An insolvent is automatically rehabilitated by the “passage of time” which is currently after 10 years (calculated from the date of sequestration) or by application to court prior to the passage of time.
DEBT HELP SERVICES:
Over-indebted consumers have the option of applying for voluntary sequestration also known as voluntary surrender. This process is possible where the consumer’s liabilities exceed their assets and there is a sufficient dividend or reasonable prospects that a sufficient dividend can be realised if the consumer is sequestrated. An effect of sequestration is that one’s debt is “written off” and the creditors must submit all their claims to the Trustee of the insolvent estate who is appointed by the court once the sequestration application is granted.
Debt Settlement Negotiation:
Consumers who want to settle any debt, must keep in mind that many creditors will offer a reduced settlement amount. This is generally a discounted amount of the outstanding balance and is valid for a limited period of time. Factors such as how “old” the debt is, the amount of the claim, whether any legal action has been taken pursuant to the claim arising can also affect the debt settlement negotiation process and the final settlement amount offered by the creditor. Besides negotiating settlement of the capital amount, interest, legal fees and interest must be checked so as to ensure that such charges are in accordance with the National Credit Act 34 of 2005.