Credit Repair

CREDIT REPAIR

Credit Report Restoration

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. It is advisable that one obtains their credit reports from at least four of the major credit bureaux, namely Transunion, Experian, XDS and Compuscan, as consumer credit information, contained in credit reports, can vary amongst the different credit bureaux. If you already have your credit report and would like a non-obligatory credit repair assessment or if you want help to get your credit report then email: info@legalrights.co.za

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Cancellation of Debt Review

On the 03 September 2019, the Johannesburg High Court delivered a “full bench decision” (that is, a decision given by three Judges) which clarifies the debt review exit process and the right to exit debt review. (click here to read the full bench decision). It is now no longer an “automatic” right to be able to cancel the debt review process simply on the basis of improved financial circumstances.

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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to rescind a judgment that is “paid up” as a paid up judgment can be removed by the credit bureaux without it being rescinded or set aside. As High Court judgments are typically taken for amounts that exceed R100 000.00 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 differ from the requirements of rescinding and cancelling a magistrate court judgment.

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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.

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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.

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Cancellation, i.e. Rescission of Emolument Attachment or “Garnishee” 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.

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