Credit Rehabilitation (Blacklistings)

Blacklisting refers to a negative entry on your credit report, with various types explained below. Its impact on life is often underestimated.

Blacklisted?

The term blacklisting is used in very general terms, by the public and creditors alike. Essentially a “blacklisting” indicates that there is a negative listing on your credit report. 

The negative effect that blacklisting can have on one’s life goes further that most people expect. For example, you may find it difficult to obtain finance from a Financial Institution, furthermore if finance is granted, it may be at a higher interest rate.

When you make an application to obtain employment, it is likely that you are signing consent for the institution to obtain a copy of your credit report- negative listings may therefore stand in your way of getting employment opportunities.

We advise you to do a credit check BEFORE you apply for credit or employment to avoid disappointment and embarrassment!!!!

“Blacklistings” will appear on your credit profile for a period between two (2) and ten (10) years depending on the nature of the listing.“Blacklistings” can fall into the following categories and definitions:

1. Judgement Listings

A judgement listing indicates that a creditor has gone to a Court to enforce its debt. When the Court grants a judgment, the judgment debt is valid and enforceable for a period of 30 years and therefore interrupts the running of prescription.  A creditor can either apply for judgement in the Magistrates Court or in the High Courts of South Africa. The Court selected will be dependent on the value of the outstanding debt and the place of residence or employment or chosen domicilium of the debtor. The data retention period of a judgment listing is 5 years. The credit bureaus must remove the judgment listing as soon as that period lapses. 

 

A judgment listing may be removed prior to the expiry of the data retention period if 1) the judgment debt is settled in full or 2) if the Court grants a rescission application.

 

it the past decade, 1 in 2 judgments granted in favour of large credit institutions were sought on invalid  grounds. These ought to be rescinded and removed from credit reports. If a a Court declares a judgment to be null and void, in most instances the debt is no longer enforceable under that judgment and does not need to be repaid.

  • Did you sign documentation under duress or without understanding what they mean?
  • Did the creditor fail to notify you that you would be listed? Did the creditor fail to do a financial assessment before getting a loan?
  • Is your the court in which judgement was granted in a completely different place to where you live or work?
  • Had the debt prescribe before summons were served? 

If your answer is Yes to any of these questions you may have good grounds for a rescission application.
Please contact one of our attorneys to find out if your judgment is illegal and invalid at info@blvlaw.co.za

2. Administration Order

A consumer would have a listing of this nature on their credit report when they have personally or instructed Attorneys to apply to the court for an order placing them under administration. Once placed under Administration, an Administrator is appointed to manage and make payments to your creditors. In order to attend to the rescission of such an order, an application will be made to the designated court in order to have the order set aside. This order will essentially mean that the consumer is no longer under administration and the responsibility will lie on the consumer to make payment to his or her creditors. The listing will automatically be removed after 10 years.

3. Sequestration/Rehabilitation Orders

A consumer may apply to the Court to place themselves under sequestration, alternatively creditors may apply to Court to have a consumer placed under sequestration. This would leave the consumer with an insolvent status on their credit profile. The insolvent is automatically rehabilitated within 10 years from the date of their sequestration. However an application for the rehabilitation of the Consumer may be made to the Court before the period of 10 years has lapsed. The listing will automatically be removed after 10 years and once rehabilitated, a rehabilitation notice will reflect for a period of 5 years.

4. Adverse or default listings

Listings of this nature indicate that payments owing to Creditors have been defaulted upon and instructions have been given to the bureaus so that they may keep a record of the defaults. Provided that the debt has been paid in full, a request can be made by the Creditor to the bureaus requesting that the adverse listing be amended to reflect as “paid in full”. The listing will automatically be removed after 2 years. The listing may be removed before the expiry of the data retention period if it was captured in error.

5. Payment Profile information

These are mere reflections of accounts history with the relevant creditors. This information will be listed irrespective of whether the payment history with the respective creditors is good or bad. Payment profiles should be automatically updated by the relevant creditors once the account is settled. The listing will automatically be removed after 2 to 5 years.

Useful tips and information to avoid blacklistings:

  • Maintain and make regular payments to your creditors;
  • Make payment of all of your debts by the 7th day of every month;
  • Attend to all correspondence from creditors and legal documentation immediately;
  • Notify all of your creditors should you relocate;
  • Keep a detailed list of all of your creditors, the basis of the credit and the amounts paid;
  • Keep record of all of the payments made to your creditors;
  • Should you find yourself in a position that you are unable to pay your creditors, immediately make an arrangement to restructure your payments with the respective creditors. This arrangement must be in writing.
  • When signing a contract, make sure that you have read the document carefully and you are aware of all the clauses of the contract and the bearing that the clauses will have on you.

For a free quote on how BLV can assist you, please forward a copy of your credit report to info@blvlaw.co.za, alternatively, please call 010 590 4555 for further guidance.

 

Consumers are entitled to one free credit report a year. The following bureaus can be contacted in order to obtain the credit report:

  • TransUnion – 0861 482 482 or visit www.mytransunion.co.za
  • Xpert Decision Systems – XDS – 011 645 9100 or visit www.xds.co.za 
  • Experian SA – 086 10 56 65 or visit www.experian.co.za

With the acquisition of Compuscan in 2019, Experian gained the legacy Compuscan consumer information bureau which has been renamed Experian Sigma. The data from both companies have been consolidated into the single Sigma database