NCA - Freezing Installments on Bonds

[Tommy]

Good Day All.

I am an accountant, one of my clients has n serious cash flow problem, I was wondering if the New National Credit Act can assist in this regards maybe trying to stall installments payable for a few months. The bank says that its to late for them to put the account on holiday and they never informed the client that he could do something like that!

Is there anyone who can assist me in this regard…?

Tommy

[duncan drennan]

Was the bond agreement entered into before or after the NCA took full effect? (I think it was June 2007)

[Dave A]

The bank says that its to late for them to put the account on holiday and they never informed the client that he could do something like that!

The usual problem there is the client goes into denial for a while. If the client goes to the bank promptly when things hit the fan/the first letter is sent, the bank might well look at rescheduling. But once it's tossed to legal they tend to just let the wheels grind.

[Karenwhe]

Hi Tommy,

Duncan is right, you need to look at what debt he incurred before and what debt after the NCA.

He may have debt in many places and need to check. He may be able to deal with the debt after the NCA in a completely different manner than the debt incurred before.

Each debt has to be looked at individually. Each institution needs to be dealt with separately.

I know someone that may be able to help him PM me if you are interested in the details.

Also due to many problem bonds, banks are taking short cuts due to work load pressure in those departments, and one can catch them around on technicalities, win time and solve the problem.