Arrear lease agreement problems?

[Eugene]

Dave, a common misperception going around is that ALL agreements can be re-scheduled or reviewed. The simple answer is that ONLY agreements falling under the ambit of the NCA can be reviewed, re-structured, be declared reckless. All other agreements (not falling under the NCA) can not be re-structured or be declared reckless.

But, one should bear in mind not to see it in isolation as it very seldom happens that a person only has agreements excluded from the NCA or visa versa - usually we all have a combination of both. Should a debtor have a combination of both and wants to go for debt-review (only for those agreeements falling under the NCA), the agreements not goverened by the NCA has to be taken into consideration when assessing over-indebtedness or debt review.

I am of the opinion that the non-NCA agreements would be advantaged in this sense as they are still entitled to their full installments whereas the credit agreements could be re-scheduled.