There’s no easy way out of debt review, even if your fortunes change. Not even a high court has the power to release you early from debt review merely because you are no longer overindebted.
Without the debts being paid off, Roets was not in a position to issue either of his clients with clearance certificates, and they contended that they were trapped in debt review. They turned to the high court asking for orders declaring that they were no longer subject to debt review. The 26-page judgment says that while consumers in debt review can’t incur more credit, they also can’t be sued by their creditors while in debt review . This highlights the trade-off that you make when you go into debt review.
In the case of the consumer with a debt review court order, the position is different, the judgment says. If your financial situation improves while you’re in debt review, nothing prevents you from paying extra to your creditors in order to exit earlier than the terms stipulated in the debt review order.
“It must be emphasised that the tribunal does not deal with the rescission of the magistrate’s order — the order is undisturbed … To belabour the critical point: no court has jurisdiction to order a release,” the judgment says.
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