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Britz v African Bank Ltd and Others (NCT/ 301/2009/138 (1)(P) [2010] ZANCT 20 (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/ 301/2009/138 (1)(P)

DATE:02/02/2010


In the matter between:


ELIZE BRITZ …...................................................................................Applicant/Consumer

ID:

and

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

JET STORES a division of EDCON (PTY)......................2nd Respondent/Credit Provider

RCS PERSONAL LOANS (PTY) LIMITED.......................3rd Respondent/Credit Provider

VANDERWALT PHARMACY............................................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. MAN AM ELA

PRESIDING MEMBER








IN THE NATIONAL CONSUMER TRIBUNAL

HELD AT CENTURION


Case No:

In the matter between:


ELIZE BRITZ …...................................................................1st APPLICANT/CONSUMER

Identity number:

And

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

JET STORES a division of

EDCON (PTY) LTD ….......................................2ND RESPONDENT/CREDIT PROVIDER

RCS PERSONAL LOANS (PTY) LTD.............. 3RD RESPONDENT/CREDIT PROVIDER

VANDERWALT PHARMACY............................ 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



Creditor

Reference

Annua! Interest

New Monthly

Instalment

Balance

Estimated Period in Months


5037969002

14.59%

R300.60

R12 749.57

38

AFRICAN BANK LIMITED

5037969003

31.00%

R191.25

R5 438.57

37

AFRICAN OAMKUMITFD

74003385678

21.00%

R172.54

R3 484.63

28

AFRICAN PANK LIMETED

5037969004

10-00%

R158.2 2

R3 654.49

28

AFRICAN BANK LIMITED

5037969005

8.11%

R252.56

R12 421.94

38

JET STORES A division OF EDCON (PTY) LTD

700660010001.1.478023

2.1.00%

R184.69

R4 017.12

29

RCS PESSONAL LOANS (PTY) LTD

59794984

10.00%

R496.72

Rll 461.14

28

VANERVVALT PHARMACY

680226

3.00%

R129.42

Rl 223.88

14



Debt Counsellor on the behalf of the Consumer TO:

THE REGISTRAR OF THE TRIBUNAL CENTURION

AFRICAN BANK LIMITED

59 16™ ROAD

MIDRAND

1685


JET STORES a division of EDCON (PTY) LTD EDGARDALE PRESS AVENUE CROWN MINES

2025

RCS PERSONAL LOANS (PTY) LTD

GROUD FLOOR

LIBERTY GRANDE BUILDING

CNR VOORTREKKER & VAN GUARD DRIVE

GOODWOOD

PARROW EAST


VANDERWALT PHARMACY

31 LOCH STREET

MEYERTON