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Mokgatla v African Bank Ltd and Others (NCT/ 295/2009/138 (1)(P)) [2010] ZANCT 22 (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/ 295/2009/138 (1)(P)

DATE:02/02/2010


In the matter between:


LEBOHANG JACOB MOKGATLA......................................................Applicant/Consumer

ID:

and

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

RAINBOW FINANCE (PTY) LIMITED..............................2nd Respondent/Credit Provider

TRUWORTHS 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 2 Day of February 2010




ADV F. MANAMELA

PRESIDING MEMBER








IN THE NATIONAL CONSUMER TRIBUNAL
HELD AT CENTURION


Case No:


In the matter between:

LEBOHANG JACOB MOKGATLA.......................................1st APPLICANT/CONSUMER

(identity number:

And

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

RAINBOW FINANCE (PTY) LTD ….................2nd RESPONDENT/CREDIT PROVIDER

TRUWORTHS LIMITED........................................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

AFRICAN BANK LIMITED

74002229851

15.50%

R201.30

R2 803.72

19

AFRICAN BANK LIMITED

6700406001

15.50%

R611.07

R6 915.27

18

RAINBOW FINANCE (PTY) LTD

4457-003768-01

25.00%

R242.88

R5 605.34

23

TRUWORTHS LIMITED

10125100022333

10.00%

R76.35

Rl 051.03

19



DATED at Centurion this the day of 2009



PRESIDING OFFICER


Debt Counsellor on behalf of the Consumer TO:

THE REGISTRAR OF THE TRIBUNAL CENTURION


AFRICAN BANK LIMITED 59

16th ROAD

MIDRAND

1685


RAINBOW FINANCE (PTY) LTD

1 BRICKFIELD ROAD

MEADOWDALE CENTRE

EDENVALE

1610


TRUWORTHS LIMITED

1 MOSTERD STREET

CAPE TOWN

8000