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[2009] ZANCT 8
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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:
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 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:
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;
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