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Bhengu v Addcon (Pty) Ltd and Others (NCT/ 298/2009/138(1)(P)) [2010] ZANCT 17 (2 February 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/ 298/2009/138(1)(P)

DATE:02/02/2010


In the matter between:


BONGANI DUKE BHENGU................................................................Applicant/Consumer

ID:

and

ADDCON (PTY) LIMITED.................................................1st Respondent/Credit Provider

AFRICAN BANK LIMITED...............................................2nd Respondent/Credit Provider

FIRST NATIONAL BANK t/a FIRST RAND BANK...........3rd Respondent/Credit Provider

ONECOR..........................................................................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 2nd Day of February 2010




ADV F. MANAMELA

PRESIDING MEMBER






IN THE NATIONAL CONSUMER TRIBUNAL



Case no:


In the matter between:

BHENGU, BONGANI DUKE...............................................CONSUMER/ 1st APPLICANT

Identity number:

And

ADDCON (PTY) LTD..........................................1st RESPONDENT/CREDIT PROVIDER

AFRICAN BANK LIMITED...............................2ND RESPONDENT/CREDIT PROVIDER

FIRST NATIONAL BANK TRADING

AS FIRST RAND BANK..................................3RD RESPONDENT/CREDIT PROVIDER

ONECOR............................................................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 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

ADDCON

4606761

35.40%

R607.S9

R23,40139

62

ADDCON

4831013

0.00%

R2O0.O0

R3,306.74

19

ADDCON

4S19823

35.40%

R423.71

R37,442.33

126

ADDCON

4714030

35.40%

R84.74

R4,151.28

79

ADDCON

3452649

15.50%

R84.74

R3.548.38

46

ADDCON

4713419

35.40%

R385.30

R20,129.44

82

AFRICAN BANK

2507096023

5.00%

R244.00

R10.19431

39

AFRICAN BANK

2507096024

5.00%

R286.95

R5,848.11

24

FIRST NATIONAL BANK {PERSONAL LOAN)

6406265932-01

14.00%

R482.53

R12.039.43

30

SA MICRO LOANS

6406265932080

30.00%

R312.04

Rll.620.00

54







DATED at Centurion this the day of : 2009


i

REGISTRAR OF THE NATIONAL CONSUMER TRIBUNAL

Applicant/Consumer

Debt Counsellor on behalf of the Consumer TO:

THE REGISTRAR OF THE TRIBUNAL CENTURION


1. ADDCON (PTY) LTD
ESPLANADE BUSINESS SUITES
8 CLIFFORD STREET
QUIGNEY

PO BOX 1592

EAST LONDON

5200



2. AFRICAN BANK LIMITED
5916™ ROAD
PRIVATE BAG X170
MIDRAND

1685