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[2010] ZANCT 29
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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;
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 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