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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;

  1. The draft consent order formulated as the order of the Tribunal attached hereto and marked annexure "A" is confirmed.

  2. 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