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Bhengu v African Bank Ltd and Others (NCT/ 258/2009/138 (1)(P)) [2010] ZANCT 16 (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/ 258/2009/138 (1)(P)

DATE:21/01/2010


In the matter between:



GANWAYINI BHENGU.......................................................................Applicant/Consumer
ID:

and

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

BOSTON FINANCE CC...................................................2nd Respondent/Credit Provider

NEDBANK LIMITED.........................................................3rd 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: NCT/ 249/2009/138 (1)(P)

DATE:

In the matter between:

GANWAYINI BHENGU............................................................APPLICANT/1st APPLICANT

Identity number:


And

AFRICAN BANK ….................................................RESPONDENT/CREDIT PROVIDER

BOSTON FINANCE CC...............................................RESPONDENT/CREDIT PROVIDER

NEDBANK LIMITED -................................................RESPONDENTS/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. -consumer applied for debt review in terms of the National Credit Act 43 of 2005;


b. debt counsellor found that the consumer isexperiencing 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




New



Interest

Monthly Instalment


Period in Months

AFRICAN BANK LIMITED

5706167003

10.00%

R410.37

R7 974.84

24

AFRICAN BANK LIMITEO

5706167005

10.00%

R232.62

R5 005.78

25

AFRICAN BANK LIMITED

5706167004

10.00%

R403.00

R12 822.69

30

BOSTON FINANCE CC

01977/0003/029

15.50%

R200.43

R3 737.45

24

NEDBANK LIMITED

8000380343901

15.00%

R273.S8

R9 456.24

31



DATED at Centurion this the day of 2009


REGISTRAR OF THE NATIONAL CONSUMER TRIBUNAL


Applicant/Consumer

Debt Counsellor on behalf of the :

THE REGISTRAR OF THE TRIBUNAL CENTURION


1. BANK LIMITED
59 16ROAD
MIDRAND

1685


  1. BOSTON FINANCE

PO BOX 61755

MARSHAUTOWN 2107


  1. NEDBANK LIMITED

100 MAIN STREET

JOHANNESBURG

2000