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Van Wijk v Absa Bank Ltd and Others (NCT/ 307/2009/138 (1)(P)) [2010] ZANCT 27 (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/ 307/2009/138 (1)(P)

DATE:02/02/2010



In the matter between:


ADEL VAN WIJK.................................................................................1st Applicant/Consumer

ID:

and

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

DIRECT AXIS SA (PTY) LIMITED..........................................2nd Respondent/Credit Provider

THE MOTOR FINANCE CORPORATION..............................3rd Respondent/Credit Provider

NEDBANK LIMITED................................................................4th Respondent/Credit Provider

STANDARD BANK..................................................................5th 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. MANAMELA

PRESIDING MEMBER






IN THE NATIONAL CONSUMER TRIBUNAL
HELD AT CENTURION


Case No:

in the matter between:

VAN WIJK, ADEL …..............................................................CONSUMER/1ST APPLICANT

Identity number:


And

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

DIRECT AXIS SA (PTY) LTD on behalf of

FIRST RAND BANK..............................................2ND RESPONDENT/CREDIT PROVIDER

THE MOTOR FINANCE

CORPORATION t/a MFC......................................3RD RESPONDENT/CREDIT PROVIDER

NEDBANK LIMITED..................................................4th RESPONDENT/CREDIT PROVIDER

STANDARD BANK GROUP LIMITED......................5th RESPONDENT/CREDIT PROVIDER


DRAFT CONSENT ORDER IN TERMS OF SECTION 86(8) READ TOGETHER WITH SECTION X38 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 Interest

New

Monthly

Instalment

Balance

Estimated Period in Months

ABSA BANK LiMtTF.0

5471200141966015

20.00%

R165.77

R8 S66.26

68.00

ABSA BANK LIMITED

3024504770

15.00%

R286.25

Rll 539.69

48.00

DIRECT AXIS SA (PTY) LTD on behalf of FIRST RAND BANK

85080266979

0.00%

R1S8.21.

R6 390.00

33.00

THE MOTOR FINANCE CORPORATION t/a MFC

VANWIJO7108490

14.00%

R 1.454.26

R139 917.7S

94.00

NEDBANK LIMITED

589846071485553

25.90%

Rl 77.09

RS 383.70

45.00

STANDARD BANK GROUP LIMITED

5120570200592800

14.00%

R19S.42

RS 037.41

48.00



DATED at Centurion this the day of 2009


PRESIDING OFFICER


Applicant/Consumer

Debr/Counsellor on behalf of the Consumer TO:

THE REGISTRAR OF THE TRIBUNAL CENTURION


1. ABSA BANK LIMITED

8TH FLOOR MARBLE TOWERS

CNRJEPPE AND VAN WIELUGH STREET

PO BOX 8686

JOHANNESBURG

2000


2. DIRECT AXIS SA (PTY) LTD on behalf of FIR5T RAND BANK
6th FLOOR

SUN DARE BUILDING

21 DREYER STREET

PO BOX 44319

CLAREMONT

7735


3. THE MOTOR FINANCE CORPORATION t/a MFC
1st FLOOR REGENT LIFE HOUSE

6E HERMAN ROAD

MEADOWDALE

PO BOX 4005

EDENVALE

1610


4. NEDBANK LIMITED
100 MAIN STREET
JOHANNESBURG