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[2010] ZANCT 23
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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:
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;
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