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Mangalisa v Blue Financial Services (Pty) Ltd and Others (NCT/ 296/2009/138 (1)(P)) [2010] ZANCT 21 (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/ 296/2009/138 (1)(P)

DATE:02/02/2010


In the matter between:


RONALD MANGALISA.................................................................1st Applicant/Consumer

ID:

and

BLUE FINANCIAL SERVICES (PTY) LIMITED................1st Respondent/Credit Provider

KADET INVESTMENTS (PTY) LIMITED ….....................2nd Respondent/Credit Provider

ADDCON (PTY) 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 2nd Day of February 2010



ADV F. MANAM ELA

PRESIDING MEMBER



IN THE NATIONAL CONSUMER TRIBUNAL
HELD AT CENTURION


Case No:


In the matter between:

RONALD MANGALISA NETHANANI.................................1st APPLICANT/CONSUMER

Identity number: ….

And

BLUE FINANCIAL SEVICES (PTY)LTD.............1st RESPONDENT/CREDIT PROVIDER

KADET INVESTMENTS...................................2ND RESPONDENT/CREDIT PROVIDER

REAL PEOPLE FINANCE (PTY) LTD............3RD 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

BLUE FINANCIAL SERVICES f PTY)LTD

425601

15.50%

R4Q5.48

Rl 096.56

38

KADET SNVESTMENTS

7386/34625

15.50%

R545.47

R6 210.30

17

REAL PEOPLE FINANCE (PTY) LTD

3804394

35,40%

R556.71

R10 075.35

26



DATED at Centurion this the day of 2009


PRESIDING OFFICER


Debt Counsellor on behalf of the Consumer TO:

THE REGISTRAR OF THE TRIBUNAL CENTURION


BLUE FINANCIAL SERVICES (PTY)LTD

107 HAYMEADOW STREET

BROADWALK OFFICE PARK BUILDING

10 LYNNWEED RIDGE

0040


KADET INVESTMENTS

BLOCK C WATERFRONT COURT

LITTLETON

CENTURION

0046

REAL PEOPLE FINANCE

ESPLANADE BUILDING

8 CLIFFORD STREET

QUIGNEY

5211