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Bhengu v African Bank Ltd and Another (NCT/ 249/2009/138 (1)(P)) [2010] ZANCT 15 (21 January 2010)

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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/ 249/2009/138 (1)(P)

DATE:21/01/2010



In the matter between:



MBONGWA SIMON BHENGU......................................................1st Applicant/Consumer
ID:

and

AFRICAN BANK LIMITED................................................1st Respondent/Credit Provider

ADDCON (PTY) LIMITED................................................2nd 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 21 day of January 2010




MR. XOLELA MAY

PRESIDING MEMBER






IN THE NATIONAL CONSUMER TRIBUNAL
HELD AT CENTURION


Case No:



In the matter between:

BHENGU, MBONGWA SIMON........................................CONSUMER/1ST APPLICANT

Identity number:



And

AFRICAN BANK LIMITED …..............................1st RESPONDENT/CREDIT POVIDER

ADDCON (PTY) LTD............................................2ND RESPONDENT/CREDIT POVIDER


DRAFT CONSENT ORDER IN TERMS 0F5ECTI0N 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 theconsumer 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:

That the payment structures of the agreement between the Applicant and the Respondents asset 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

4336250001

15.50%

R293.67

R3 814.96

20

ADDCON (PTY) LTD

4721003

40.90%

R229.01

R4 554.39

34

ADDCON (PTY) LTD

4548710

40.90% ..

R427.32

R7 830.09

32



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 LI MITE
59 16th ROAD
MIDRAND

1685

2. ADDCON (PTY) LTD
ESPLANADE BUSINESS SUITE
8 CLIFFORD STREET
QUIGNEY

5211