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Dumas v Motor Finance Corporation (NCT/15/2008/128(1)(P)) [2008] ZANCT 2 (12 September 2008)

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IN THE NATIONAL CONSUMER TRIBUNAL, HELD AT PRETORIA


Case No.: NCT/15/2008/128(1) (P)

DATE:12/09/2008


In the matter between

FRANS HENDRICK DUMAS....................................................................................... Applicant

And


MOTOR FINANCE CORPORATION........................................................................Respondent


ORDER


Having heard the parties, the Tribunal orders as follows:

1. The respondent will provide the applicant, by no later than 16h00 on Friday 12 September 2008, with a new certificate of balance in the net amount of forty thousand rand (R40 000) ("the new balance").

2. The applicant will submit the new balance into his debt review process for consideration by the debt counsellor.

3. The respondent will pay the applicant, by no later than 16h00 on Friday 12 September 2008, the amount of six thousand rand (R6 000) in lieu of costs incurred by the applicant in these proceedings This amount will not form part of the applicant's debt review process.

4 . The respondent has undertaken that it wiii review its systems, both at its call centre and internally, and to implement such necessary changes in its procedures to enable it to distinguish between responsible consumers who wish to surrender their goods voluntarily and to assist them to obtain the best price reasonably possible, and consumers who were in default and in respect of whom forced sales were indicated. The respondent must file a report with the Registrar of the Tribunal by no later than 14 November 2008 of the process it has undertaken and changes it has implemented to comply with this paragraph 4 of the order.


DATED ON 12 SEPTEMBER 2008


MS. Y. CARRIM

presiding member

.PROF B. HASLAM, MS.M. MPHAHLELE CONCURRING