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[2010] ZANCT 26
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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;
The draft consent order formulated as the order of the Tribunal attached hereto and marked Annexure "A" is confirmed;
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:
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"
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 |
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