Existing order matters

When there is already an order, the document comes first.

Rescission, variation and other order-related questions cannot be answered from the phrase “I want to exit debt review” alone. NVD first needs to identify the forum, order, facts and current debt position.

Assessment logic

Four questions before a remedy is discussed.

The correct procedural route depends on the actual order and the legal basis for changing it.

1. Is there an existing order?

Provide the order, case/tribunal number and date if available.

2. Which forum made it?

A Magistrates’ Court order and a National Consumer Tribunal order are not procedurally interchangeable.

3. What is alleged to be wrong or changed?

Error, absence, changed circumstances, compliance position and the relief sought can affect the route.

4. What relief is legally available on those facts?

Only after the documents are assessed can NVD advise whether a rescission, variation or other step should be considered.

Published case record

NCT representation on a debt-review consent order.

In Johnson v Absa Bank Limited and Others (2019), the National Consumer Tribunal recorded Ms Nelmari van Dommelen from NVD Attorneys as representing the applicant. The judgment dealt with a request concerning an existing debt-rearrangement consent order and ultimately rescinded that order.

NCT / 2019

Public legal proof without turning one result into a guarantee.

The matter demonstrates experience with an order-related debt-review proceeding. Every future matter remains dependent on its own facts and law.

Already have a court or tribunal order?

Start the enquiry with the forum, case number if known, what you believe needs to change, and any upcoming date.