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[2009] ZANCT 15
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Van Rensburg v Wesbank a Division of First Rand Bank (NCT/210/2009/138(1) (P)) [2009] ZANCT 15 (26 October 2009)
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SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy |
IN THE NATIONAL CONSUMER TRIBUNAL
HELD AT VEREENIGING
Case No: NCT/210/2009/138(1) (P)
DATE:26/10/2009
In the matter between
MARIUS JANSE VAN RENSBURG......................................................................Applicant
And
WESBANK a division of FIRST RAND BANK..................................................Respondent
CONSENT ORDER
The Tribunal having read the papers filed of record and heard the debt counsellor.
The Tribunal, being satisfied that the Applicant and the Respondents are parties to a debt rearrangement facilitated by a debt counsellor under section 86(7) (b) read together with Section 138(1) of the National Credit Act, 34 of 2005.
The Tribunal hereby orders that;
The draft consent order formulated as the order of the Tribunal attached hereto and marked annexure "A" is confirmed.
The parties are warned that failure to comply with the order of the Tribunal constitutes an offence in terms of Section 160(1) of the Act.
Dated this 26th day of October 2009.
ADV F. MANAMELA
PRESIDING MEMBER
IN THE NATIONAL CONSUMER TRIBUNAL
HELD AT CENTURION
Case No:
In the matter between:
JANSEN VAN RENSBURG, MARIUS .................................CONSUMER/1st APPLICANT
Identity number: …..
And
WES BANK a division of
FIRST RAND BANK …..........................................................1st RESPONDENT/CREDIT PROVIDER
DRAFT CONSENT ORDER IN TERMS OF SECTION 86(8) READ TOGETHER WITH SECTION 138 OF THE NATIONAL CREDIT ACT 34 OF 2005
WHEREAS:
a. The consumer applied for debt review in terms of the National Credit Act 43 of 2005;
b. The debt counsellor found that the consumer is experiencing difficulty satisfying all obligations under the credit agreements in a timely manner;
c. The debt counsellor recommended a restructuring of the payment instalments to all the credit providers, as per the agreement which is attached hereto marked: "Annexure B";
d. All the respective credit providers and the consumer/applicant consented to this agreement, which consents are hereto attached marked "Annexure C"
NOW THEREFORE:
The Tribunal, being satisfied that the Applicant and Respondent are parties to a debt rearrangement facilitated by a debt counsellor under section 86(7) of National Credit Act, hereby orders, by consent of the parties:
1. That the payment structures of the agreement between the Applicant and the Respondents as set out in Annexure "B", be made an order of the National Consumer Tribunal;
2. Which agreement restructures the payment instalment by extending the payment period as indicated in Annexure "C"
Creditor |
Reference |
Annual interest |
New Monthly instalment |
Balance |
Estimated Period in Months |
WESBANK a division of FIRST RAND BANK |
GNS09662E |
17.005 |
Rl 140.00 |
R39 294.03 |
48 |
DATED at Centurion this the_day of___2009
REGISTRAR OF THE NATIONAL CONSUMER TRIBUNAL Applicant/Consumer
Debt Counsellor on behalf of the Consumer
TO:
THE REGISTRAR OF THE TRIBUNAL CENTURION
1. WES BANK a division of FIRST RAND BANK
WESBANK HOUSE ENTERPRISE ROAD FAIRLAND
PO BOX 1066
JOHANNESBURG
2000