When you are under severe financial pressure, the constant calls, SMSs, WhatsApps, and emails from creditors can feel like psychological warfare. You owe money. You are behind on your payments. Your creditors are threatening legal action. It’s easier not to answer your phone anymore. This, unfortunately, is the daily reality for so many South Africans. While creditors have a legitimate right to seek payment, we want you to know that there are strict laws to protect consumers from abusive practices.
In our latest Debt Rescue blog, we are going to discuss what creditor harassment is, what the law says about this, and how debt review can legally protect you.
Remember, the law is firmly on your side!
What is Creditor Harassment?
Creditor harassment isn’t just a few friendly reminders about missed payments — it’s relentless, aggressive, and often deeply distressing.
It’s the phone that won’t stop ringing — at work, during dinner, even late at night. It’s the messages filled with threats, the intimidation tactics designed to scare you into paying money that you simply don’t have.
Creditor harassment can feel like being backed into a corner. Debt collectors may call multiple times a day, speak to your family members or employer, or even threaten legal action — all to pressure you into paying, no matter your personal circumstances.
Harassment can include:
- Receiving calls at all hours of the day.
- Being shamed publicly or contacting your employer or family members for payment.
- Threatening you with legal action without following proper channels.
- Pretending to be lawyers, police or court officials.
Creditor harassment is not okay. It’s not just unethical — it can be illegal. These actions may also violate the National Credit Act (NCA) which is meant to protect consumers like you, from unfair treatment by creditors.
The emotional toll is immense — anxiety, sleepless nights, and a growing sense of hopelessness.
You don’t have to go through it alone.
Need help from creditor harassment?
Debt Rescue is here to help.
Contact us for a free, no-obligation assessment to see if you qualify for debt review (debt counselling).
You have Rights as a Consumer
Under the National Credit Act, credit providers must treat consumers with dignity and follow legal processes when attempting to collect any debt. They are not allowed to harass, mislead or intimidate you.
Here are a few important rights you should be aware of:
- Any legal action against you must follow due process, including a Section 129 letter of demand and a court order before assets can be repossessed.
- If debts are older than 3 years and unacknowledged or unpaid, it may be prescribed, yet some collectors will continue harassing you.
- If you are placed under debt review, creditors are not allowed to contact you directly or take legal action against you.
How does Debt Review protect you against Creditor Harassment?
Debt Review, also known as Debt Counselling, is a powerful piece of legislation that was introduced by the National Credit Act (NCA). The National Credit Act gives South Africans who are over-indebted legal means to manage and repay their debt without losing their dignity or their assets.
Here is how Debt Review protects you:
1) Notification to Creditors and Credit Bureaus
Once you have completed your assessment and this indicates that you are over-indebted, your debt counsellor is legally required to notify all credit providers and credit bureaus within a certain time period (normally five business days) that you will be placed under debt review.
2. A Court-Ordered Payment Plan
Your debt counsellor will restructure your debt into a more affordably monthly repayment. This new repayment plan is submitted to a Magistrate Court or the National Consumer Tribunal. Once this plan is approved it becomes a legal court order.
What does this mean?
- You and your creditors must comply with the court-ordered repayment terms.
- You have a legal court ordered document that protects your rights as a consumer.
3) Protection from Repossession
Repossession is a legal route creditors can take before you enter into debt review. Once you are placed under debt review and it is made an order of the court, your creditors can no longer repossess your assets like your home or vehicle. Your car and your home will be legally protected, but only if you are undergoing debt review.
That is why it is critically important to get help BEFORE your assets are repossessed.
4) Harassment must stop
- Once you are placed under debt review, creditors and debt collectors must stop all direct communication with you.
- All contact must go through your debt counsellor – they are legally required not to contact you.
- If they continue to harass you, you can report this to the National Credit Regulator ( NCR) where a formal complaint can be laid.
You are Protected
Debt Review is a legal shield, designed to protect you, backed by South African legislation.
By choosing Debt Rescue, a reputable and NCR Registered company who has been in the industry since 2008 (since the beginning of debt review in South Africa), you will get – in addition to a more affordable and restructured repayment plan – full legal protection from creditors.
Harassment, repossession and legal threats do not have to be part of your life anymore. The law is very clear, and if you are placed under debt review, you are protected.
Reach out to us TODAY so that we can help you. We understand the stress that you are going through. We know that it probably feels as if you have no options. Please do yourself a favour and contact us. We will help you every step of the way. You don’t have to do this alone any more.
Contact us and let’s get you started to see if you qualify for the legal protection of debt review.
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