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Mqwati v African Bank Ltd and Others (NCT/ 282/2009/138 (1)(P)) [2009] ZANCT 8 (17 December 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 IN CENTURION



Case Number: NCT/ 282/2009/138 (1)(P)

DATE17/12/2009:




In the matter between:


MXOLISI MQWATI Applicant/Consumer
ID:

and

AFRICAN BANK LIMITED 1st Respondent/Credit Provider

FIRST NATIONAL BANK t/a FIRST RAND BANK 2nd Respondent/Credit Provider

EDGARS a division of EDCON (PTY) LTD 3rd Respondent/Credit Provider

BEST ELECTRICAL t/a LEWIS STORES 4th Respondent/Credit Provider




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 re-arrangement facilitated by a Debt Counsellor under section 86(7)(b) read together with section 138(1) of the National Credit Act, Act 34 of 2005 ;(the Act).



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 and signed at Centurion on this 17th day of December 2009.



PROF. BONKE DUMISA PRESIDING MEMBER








IN THE NATIONAL CONSUMER TRIBUNAL
HELD AT CENTURION
Case No:


In the matter between:

MQWATI, MXOLISI..............................................................CONSUMER/1st APPLICANT

Identity number:


And

AFRICAN BANK LIMITED.....................................1st RESPONDENT/CREDIT PROVIDER

BEST ELECTRIC t/a LEWIS

STORES (PTY) LTD …......................................2nd RESPONDENT/CREDIT PROVIDER

EDGARS a division of EDCON (PTY) LTD..........3rd RESPONDENT/CREDIT PROVIDER

FIRST NATIONA BANK t/a

FIRST RAND BANK LIMITED...........................4th 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 underthe 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

AFRICAN BANK LIMITED

7087474001

10%

R180.56

R6 529.96

30

BEST ELECTRIC t/a LEWIS STORES (PTY) LTD

0641-021542-01

32%

R229.32

R2 099.53

15

BEST ELECTRIC t/a LEWIS STORES (PTY) LTD

0641-021542-03

32%

R158.47

R4 474.17

31

EDGARS a division of EDCON (PTY) LTD

7006600100021418936

21%

R10.13

Rl 861-31

33

FIRST NATIONAL BANK t/a FIRST RAND BANK LIMITED

7306075609-04

14%

R134.73

R2 452.77

23

FIRST NATIONAL BANK t/a FIRST RAND BANK LIMITED

7306075609-03

14%

R211.20

R4 259.07

25

FIRST NATIONAL BANK t/a FIRST RAND BANK LIMITED

7306075609-05

14%

R310.S9

R7 050.74

26



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 REGISTRAT OF THE TRIBUNAL CENTURION



1. AFRICAN BANK LIMITED
PRIVATE BAG X170
MIDRAND

1685


2. EDGARS a division of EDCON (PTY) LTD
PO BOX 200

CROWN MINES 2025

3. BEST ELECTRIC t/a LEWIS STORES (PTY)ITD
PO BOX 2406

BELLVILLE 7535

4. FIRST NATIONA BANK t/a FIRST RAND BANK LIMITED
PO BOX 1195

JOHANNESBURG 2000