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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/ 297/2009/138 (1)(P)

DATE:02/02/2010

In the matter between:

LEAH NGELE................................................................................1st Applicant/Consumer

ID:

and

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

BEARES t/a REYLANT GROUP......................................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 2^nd Day of February 2010

ADV F. MANAMELA

PRESIDING MEMBER

IN THE NATIONAL CONSUMER TRIBUNAL

HELD AT CENTURION

Case No:

In the matter between:

LEAH NGELE........................................................................1^st APPLICANT/CONSUMER

Identity number:

And

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

RELAYNT GROUP (PTY) LTD t/a BEARS.......2^nd 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	New	Balance	Estimated
		Interest	Monthly		Period in
			instalment		Months
ABSA BANK LIMITED	3023211459	7.00%	R508.73	R15 606.48	38
ABSA BANK LIMITED	75406296	7.00%	R1320.00	R96 011.42	67
RELYANT GROUP (FTV) LTD t/a BEARS	1576-019751-01	29.50%	R1000.27	R24 127.35	43

PRESIDING OFFICER

Debt Counsellor on behalf of the Consumer TO:

THE REGISTRAR OF THE TRIBUNAL CENTURION

ABSA BANK LIMITED

8TH FLOOR MARBLE TOWERS

CNR JEPPE & VON W1LL1GH STREET

JOHANNESBURG

2000

38 ELSTON AVENUE BENONI

JOHANNESBURG

1500

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