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Simelane v African Bank Ltd and Others (NCT/ 300/2009/138 (1)(P)) [2010] ZANCT 26 (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/ 300/2009/138 (1)(P)

DATE:02/02/2010


In the matter between:


SAMUEL TSHELISO SIMELANE …..................................................Applicant/Consumer

ID:

and

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

SAXONS MEN'S CENTRE CC........................................2nd Respondent/Credit Provider

TRUWORTHS LIMITED...................................................3rd Respondent/Credit Provider

WOOLWORTHS...............................................................4th Respondent/Credit Provider


CONSENT ORDER


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 having read the papers filed of record and heard the Debt Counsellor;

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 of February 2010




ADV F. MAN AM ELA

PRESIDING MEMBER








IN THE NATIONAL CONSUMER TRIBUNAL

HELD IN CENTURION


Case no.


in the matter between:

SIMELANE, SAMUEL TSHELISO …..................................CONSUMER/1st APPLICANT

Identity number:

And

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

SAXONS MEN'S CENTRE CC........................2ND RESPONDENT/CREDIT PROVIDER

TRUWORTHS LIMITED..................................3RD RESPONDENT/CREDIT PROVIDER

WOOLWORTHS.................................................4th 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

Annua! Interest

New

Monthly

Instalment

Balance

Estimated Period in Months

AFRICAN BANK LIMITED

6374978001

14.90%

R298-62

R18 526.77

65.00

AFRICAN BANK LIMITED

6374978002

20.00%

R356.23

R18 391.58

63.00

SAXONS MEN'S CENTRE CC

S338

0.00%

R133.88

Rl 425.00

14.00

TRUWORTHS LIMITED

10100505833492

10.00%

R22.31

Rl 735.46

65.00

WOOLWORTHS

6007850174439669

10.00%

R43.96

R985.12

27.00




DATED at Johannesburg this the day of ; 2009


REGISTRAFl©pm£jyATIONAL CONSUMER TRIBUNAL Applicant/Consumer

Debt Counsellor on behalf of the Consumer TO:

THE REGISTRAR OF THE TRIBUNAL CENTURION


1. AFRICAN BANK LIMITED
59 16th ROAD
PRIVAT E BAG X170
MIDRAND

1685

2. SAXONS MEN'S CENTRE CC
34 3RD STREET
SPRINGS

PO BOX 828

SPRINGS

1560

3. TRUWORTHS LIMITED
1 MOSTERT STREET
CAPE TOWN

PO BOX 4775

CAPE TOWN

8000


4. WOOLWORTHS

93 LONG MARKET STREET

CAPE TOWN

PO BOX 5553

CAPE TOWN

8000