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Mntambo v African Bank Ltd and Another (NCT/ 305/2009/138 (1)(P)) [2010] ZANCT 23 (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/ 305/2009/138 (1)(P)

DATE:02/02/2010


In the matter between:


BORAKI JOSEPH MNTAMBO......................................................1st Applicant/Consumer
ID:

and

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

NEDBANK LIMITED............................................................2nd 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:

SORAKI JOSEPH MNTAMBO......................................1st APPLICANT/CONSUMER

Identity number:...

And

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

NEDBANK LIMITED.......................................2nd 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"



DATED at Centurion this the day of 2009





PRESIDING OFFICER


Debt Counsellor behalf of the Consumer TO:

THE REGISTRAR OF THE TRIBUNAL CENTURION


AFRICAN BANK LIMITED 59

16th ROAD

MIDRAND

1685


NEDBANK LIMITED

100 MAIN STREET

JOHANNESBURG

2000