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A consumer may apply to a Debt Counsellor to be declared over-indebted. If the Debt
Counsellor finds that the consumer is indeed over-indebted, he/she will make a recommendation to the
Magistrate’s Court for the consumer to be declared over-indebted. The Court may in turn re-organise
the consumer’s debt by extending the term of any agreement, postponing payments, recalculating unlawful fees or interest
and may order adjustments to improperly charged items. If a Debt Counsellor finds that a consumer is
not over-indebted, he/she will provide the consumer with a letter of rejection. The consumer may then
appeal to court for a review of the counsellor’s decision.
A consumer who is over-indebted may approach a Debt Counsellor directly, or he/she may be referred to a
Debt Counsellor by his/her creditor/s or by the magistrate court.
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