Can I Change My Debt Counsellor? Knowing Your Legal Rights

If you are currently under debt review and feel your debt counsellor isn't providing the level of service you deserve, you might be wondering if you are allowed to switch. The short answer is yes. The National Credit Regulator (NCR) issued Guideline 004/2026 to clarify the exact legal position surrounding consumer transfers, ensuring you stay protected.

Your Absolute Right to Transfer

According to the National Credit Act 34 of 2005 (NCA), your right to choose who handles your financial rehabilitation is entirely protected:

Unconditional Choice: Under Section 86(1) of the NCA, a consumer has an absolute, unconditional, and unfettered right to elect their debt counsellor.

No Reasons Needed: This right includes transferring from one debt counsellor to another at any stage of the debt review process without providing any reason.

No Consent Required: You do not need to engage in discussions, get approval, or obtain consent from your existing debt counsellor to leave them.

What is Considered Unlawful Conduct?

The NCR has made it clear that existing debt counsellors cannot trap you or make the process difficult:

No Obstruction: Any conduct that obstructs, delays, conditions, frustrates, or discourages a consumer from transferring is completely inconsistent with the NCA.

No Illegal Internal Rules: Debt counsellors are strictly banned from creating internal rules, contractual terms, or policies to block or delay your departure.

Enforceable Contraventions: Any additional requirements imposed outside of the NCA, official regulations, NCR Circulars, or NCR Guidelines are illegal and constitute a contravention that will face regulatory enforcement.

Taking the Next Step

If you're ready to embrace a fresh start and unlock new financial possibilities, credit clearance can be a valuable tool.