National Credit Regulator de-registers a debt counsellor, Christopher Bornman

In response to an application brought by the National Credit Regulator (NCR) , the National Consumer Tribunal (NCT) cancelled the registration of a debt counsellor , Mr. Christopher Bornman (“Bornman”) with immediate effect on 13 December 2010.

“The National Credit Regulator conducted an investigation into the debt counselling practices of Mr. Christopher Bornman as a result of numerous complaints which the NCR received from consumers. Much of the unhappiness of these complainants stemmed from the fact that even though they were under debt review with Bornman as their debt counsellor , their credit providers were still harassing them and some of the complainants have lost their assets in this way” , says Adv. Jan Augustyn , Manager for Investigations & Enforcement at the NCR.

“The investigation revealed that Bornman , who is also a practising attorney also , had two other companies , namely Bornman & Associates Attorneys and Prosperitas Bene Carpe CC (“PBC”) which were utilizing the National Credit Regulator’s registration number for Bornman on their websites and in doing so , holding themselves out to be registered debt counsellors.”

Augustyn further added that the investigation also revealed that Bornman was charging consumers a ten percent (10%) collection commission prior to Bornman paying monies intended for credit providers to the Payment Distribution Agent (“PDA”). He further added that Bornman did not conduct debt counselling in the manner set out in the National Credit Act (NCA) and in so doing has brought both debt counselling and the NCR into disrepute.

The number of consumers affected by this application is approximately 4 808 (four thousand eight hundred and eight). “This is quite a substantial number in comparison to other debt counsellors” , adds Augustyn.

The debt counsellor was ordered to refund consumers’ debt counselling fees where it was found that he has not referred matters to court and also refund all the 4 808 consumers’ 10% collection commission which he had levied.

“Bornman was further ordered to surrender all his consumer files to the NCR for handing over to a new debt counsellor within 10 days from date of the order being 13 December 2010. “

Bornman and Associates and Prosperitas Bene Carpe CC were ordered by the National Consumer Tribunal not to hold themselves out to be debt counsellors or offering debt counselling services , concluded Augustyn.

The debt counsellor was ordered to refund consumers’ debt counselling fees where it was found that he has not referred matters to court and also refund all the 4 808 consumers’ 10% collection commission which he had levied.

“Bornman was further ordered to surrender all his consumer files to the NCR for handing over to a new debt counsellor within 10 days from date of the order being 13 December 2010. “

Bornman and Associates and Prosperitas Bene Carpe CC were ordered by the National Consumer Tribunal not to hold themselves out to be debt counsellors or offering debt counselling services , concluded Augustyn.

Augustyn further added that the investigation also revealed that Bornman was charging consumers a ten percent (10%) collection commission prior to Bornman paying monies intended for credit providers to the Payment Distribution Agent (“PDA”). He further added that Bornman did not conduct debt counselling in the manner set out in the National Credit Act (NCA) and in so doing has brought both debt counselling and the NCR into disrepute.

The number of consumers affected by this application is approximately 4 808 (four thousand eight hundred and eight). “This is quite a substantial number in comparison to other debt counsellors” , adds Augustyn.

The debt counsellor was ordered to refund consumers’ debt counselling fees where it was found that he has not referred matters to court and also refund all the 4 808 consumers’ 10% collection commission which he had levied.

“Bornman was further ordered to surrender all his consumer files to the NCR for handing over to a new debt counsellor within 10 days from date of the order being 13 December 2010. “

Bornman and Associates and Prosperitas Bene Carpe CC were ordered by the National Consumer Tribunal not to hold themselves out to be debt counsellors or offering debt counselling services , concluded Augustyn.

The debt counsellor was ordered to refund consumers’ debt counselling fees where it was found that he has not referred matters to court and also refund all the 4 808 consumers’ 10% collection commission which he had levied.

“Bornman was further ordered to surrender all his consumer files to the NCR for handing over to a new debt counsellor within 10 days from date of the order being 13 December 2010. “

Bornman and Associates and Prosperitas Bene Carpe CC were ordered by the National Consumer Tribunal not to hold themselves out to be debt counsellors or offering debt counselling services , concluded Augustyn.

“The investigation revealed that Bornman , who is also a practising attorney also , had two other companies , namely Bornman & Associates Attorneys and Prosperitas Bene Carpe CC (“PBC”) which were utilizing the National Credit Regulator’s registration number for Bornman on their websites and in doing so , holding themselves out to be registered debt counsellors.”

Augustyn further added that the investigation also revealed that Bornman was charging consumers a ten percent (10%) collection commission prior to Bornman paying monies intended for credit providers to the Payment Distribution Agent (“PDA”). He further added that Bornman did not conduct debt counselling in the manner set out in the National Credit Act (NCA) and in so doing has brought both debt counselling and the NCR into disrepute.

The number of consumers affected by this application is approximately 4 808 (four thousand eight hundred and eight). “This is quite a substantial number in comparison to other debt counsellors” , adds Augustyn.

The debt counsellor was ordered to refund consumers’ debt counselling fees where it was found that he has not referred matters to court and also refund all the 4 808 consumers’ 10% collection commission which he had levied.

“Bornman was further ordered to surrender all his consumer files to the NCR for handing over to a new debt counsellor within 10 days from date of the order being 13 December 2010. “

Bornman and Associates and Prosperitas Bene Carpe CC were ordered by the National Consumer Tribunal not to hold themselves out to be debt counsellors or offering debt counselling services , concluded Augustyn.

The debt counsellor was ordered to refund consumers’ debt counselling fees where it was found that he has not referred matters to court and also refund all the 4 808 consumers’ 10% collection commission which he had levied.

“Bornman was further ordered to surrender all his consumer files to the NCR for handing over to a new debt counsellor within 10 days from date of the order being 13 December 2010. “

Bornman and Associates and Prosperitas Bene Carpe CC were ordered by the National Consumer Tribunal not to hold themselves out to be debt counsellors or offering debt counselling services , concluded Augustyn.

Augustyn further added that the investigation also revealed that Bornman was charging consumers a ten percent (10%) collection commission prior to Bornman paying monies intended for credit providers to the Payment Distribution Agent (“PDA”). He further added that Bornman did not conduct debt counselling in the manner set out in the National Credit Act (NCA) and in so doing has brought both debt counselling and the NCR into disrepute.

The number of consumers affected by this application is approximately 4 808 (four thousand eight hundred and eight). “This is quite a substantial number in comparison to other debt counsellors” , adds Augustyn.

The debt counsellor was ordered to refund consumers’ debt counselling fees where it was found that he has not referred matters to court and also refund all the 4 808 consumers’ 10% collection commission which he had levied.

“Bornman was further ordered to surrender all his consumer files to the NCR for handing over to a new debt counsellor within 10 days from date of the order being 13 December 2010. “

Bornman and Associates and Prosperitas Bene Carpe CC were ordered by the National Consumer Tribunal not to hold themselves out to be debt counsellors or offering debt counselling services , concluded Augustyn.

The debt counsellor was ordered to refund consumers’ debt counselling fees where it was found that he has not referred matters to court and also refund all the 4 808 consumers’ 10% collection commission which he had levied.

“Bornman was further ordered to surrender all his consumer files to the NCR for handing over to a new debt counsellor within 10 days from date of the order being 13 December 2010. “

Bornman and Associates and Prosperitas Bene Carpe CC were ordered by the National Consumer Tribunal not to hold themselves out to be debt counsellors or offering debt counselling services , concluded Augustyn.