Understanding Virtual Arrears in Debt Counselling
Debt Vader Talks Virtual Arrears

Debt Vader Talks Virtual Arrears

As the Debt Counselling industry evolves, it becomes more and more evident that credit providers treat Debt Re-arrangement Court Orders as inconsequential, even going so far as to ignore the court orders by refusing to update their internal computer systems to reflect the restructured debt as per the Debt Re-arrangement Court Order, and placing themselves intentionally in contempt of a valid and enforceable court order.

Thus the emergence of the “virtual arrears” which are arrears accumulated before the application for Debt Review and during the debt re-arrangement process. It is accepted that when a consumer enters the Debt Review process, any arrears that may have existed on their accounts is capitalised. The consumers are then expected to pay in respect of the Debt Re-arrangement Court Order, a specific amount of money to their Credit Providers, over a specific time and at a specific interest rate, all of which is documented and confirmed in the court order itself.

The unwillingness of the Credit Providers to change their internal computer systems to accommodate the new arrangement reflected on the Court Order, results in a deficit between the original contractual installment and the debt review installment (virtual arrears). This deficit expresses itself as an arrears amount which accumulates during the existence of the Debt Review and upon which the bank charges interest (which they are not entitled to), thus creating debt out of “thin air”.

In the instance where a consumer wishes to withdraw from the Debt Review process, the Credit Providers request a withdrawal form (17.4) issued by a Debt CounsellorD before they will entertain any request by the consumer. Once the withdrawal form has been issued, the consumer no longer enjoys the protection of the NCA and this places them in an unenviable bargaining position.

Some of the banks make ludicrous demands on consumers, they will demand that 50% of this “virtual arrear” be paid upfront, and that the other 50% is to be paid over 6 – 9 months, while the consumer continues to pay the normal contractual installment, thus making it impossible for a consumer to comply with the arrangement or to successfully exit Debt Review. The result being that the consumer could lose their property.

These”virtual arrears” seems to be how the banks calculate which consumer they are going to be harassing into higher installments (paid outside of the Debt Re-arrangement Court Order) or withdrawing from the Debt Review process. This harassment takes the form of constant sms’s, letters threatening the consumer with enforcement action and even premature terminations, or attempts to rescind the Debt Re-arrangement Court Orders. The higher the “virtual arrears” become the more high risk that consumer becomes and the more pressure the banks will place on the consumer, in some instances going so far as to summons consumers.

So take that first step. Simply call us directly at 086 111 3749 or contact our supportive debt counsellors via our contact page. Dont have the time? Request a Free Call Back and one of our counsellors will contact you! Zero Debt is a certified Debt Counselling company.