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[2010] ZANCT 27
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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;
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 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