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De Beer v Absa Bank and Others (NCT/ 432/2009/138 (1)(P)) [2010] ZANCT 29 (2 March 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/ 432/2009/138 (1)(P)

DATE:02/03/2010




In the matter between:

JAN CHARLES WILLEM DE BEER …..................................1st Applicant/Consumer

ID:

and

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

lEMAS..............................................................................2nd Respondent/Credit Provider

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

WESBANK........................................................................4th 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 March 2010



MS LAURA BEST

PRESIDING MEMBER







IN THE NATIONAL CONSUMER TRIBUNAL
HELD AT CENTURION


CASE NO.


In the matter between:

Jan Charles Willem de Beer...............................................................Applicant/Consumer

Identity number:


and


Absa Bank Limited............................................................1st Respondent/Credit Provider

lemas (Co-Op) Limited.....................................................2nd Respondent/Credit Provider

Nedbank Limited...............................................................3rd Respondent/Credit Provider

Wesbank...........................................................................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 34 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 installments 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 the 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 installment by extending the payment period as indicated in Annexure "B"

Creditor

Reference

Annual Interest

New Monthly Installment

Balance

Estimated Period in Months

Absa Bank Limited

3017038792

4565466121170021

14.00% 14.00%

R126.46 R381.24

R4 209.34 R6 677.23

31 months 19 months

lemas (Co-Op) Limited

3578103-01 3578103-23

23.50% 32.50%

R400.00 R600.00

R2 262.40 R11 839.61

8 months 25 months

Nedbank Limited

1594031991 8143770622201

14.00% 14.00%

R149.36 R422.58

R485.85 R14 697.40

5 months 32 months

Wesbank

85093007508

14.00%

R918.99

R41 457.30

36 months



, DATED at Centurion this the , day of 2009



REGISTRAR OF THE NATIONAL CONSUMER TRIBUNAL

Applicant/Consumer

Debt Counsellor on behalf of the Consumer



Dated at Sasolburg on this 3 day of December 2009.


Applicant/Consumer TO:

THE REGISTRAR OF THE TRIBUNAL CENTURION


1. lemas (Co-Op) Limited 2. Absa Bank Limited

lemas Park 3 The Crescent, Westway Office Park,

c/o Kwikkie & Embankment Road Westville

Centurion 4000

0157

3. Nedbank Limited 4. Wesbank Limited

100 Main Street Wesbank House, Enterprise Road

Johannesburg Fairland

2000 2000