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[2010] ZANCT 3
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Mphahlele v ABSA Bank Ltd and Others (NCT/ 281/2009/138 (1)(P)) [2010] ZANCT 3 (14 January 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/ 281/2009/138 (1)(P)
Date:14/01/2010
In the matter between:
RAESETSE
GRACE
MPHAHLELE.....................................................Applicant/Consumer
ID:
….
and
ABSA BANK LIMITED.......................................................1st Respondent/Credit Provider
AFRICAN BANK LIMITED …..........................................2nd Respondent/Credit Provider
LUBNERS t/a RELAYNT GROUP (PTY) LTD..................3rd Respondent/Credit Provider
THE MOTOR FINANCE CORPORATION........................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 14 day of January 2010
PROF TANYA WOKER
PRESIDING MEMBER
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 9th day of December 2009.
PROF TANYA WOKER
PRESIDING MEMBER
IN THE NATIONAL CONSUMER TRIBUNAL
HELD AT CENTURION
Case No:
In the matter between:
RAESET5E GRACE MPHAHLELE.................................1st APPLICANT/CONSUMER
(Identity number: ….)
And
ABSA BANK LIMITED.......................................................1st RESPONDENT/CREDIT PROVIDER
AFRICAN BANK LIMITED.................................................2nd RESPONDENT/CREDIT PROVIDER
LUBNERS t/a RELAYNT GROUP (PTY) LTD ….........3rd RESPONDENT/CREDIT PROVIDER
THE MOTOR FINANC€ CORPORATION........................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 200S
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
th
e
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 |
Annual Interest |
New Monthly Instalment |
Balance |
Estimated Period in Months |
ABSA BANK LIMITED |
4550270124561015 |
14.00% |
R100.00 |
R4 849.36 |
52 |
A8SA BANK LIMITED |
3025489080 |
14.00% |
Rl 200.00 |
R51 234.86 |
47 |
AFRICAN BANK LIMITED |
74001423719 |
25.00% |
R99.75 |
R2 110.71 |
29 |
AFRICAN BANK LIMITED |
3011309009 |
26.00% |
R298.75 |
R12 565.79 |
57 |
AFRICAN SANK LIMITED |
3011309008 |
17.30% |
R372.95 |
R21192.89 |
61 |
LUBNERS t/a RELYANT GROUP (PTY) LTD |
6020-209125-06 |
15.50% |
R518.55 |
R6 827.45 |
17 |
THE MOTOR FINANCE CORPORATION |
MPHAHLE08087792 |
/i4.Q0% |
Rl 400.00 |
R102 277.51 |
65 |
DATED at Centurion this the day of 2009
REGISTRAR OF THE NATIONAL CONSUMER TRIBUNAL
Applicant/Consumer
Debt-Counsellor on behalf of the Consumer TO:
THE REGISTRAR OF THE TRIBUNAL CENTURION
1. ABSA BANK
LIMITED
8™ FLOOR
MARBLE TOWERS
CNR JEPPE & VON WIELUGH STREET
JOHANNESBURG
2000
2. AFRICAN BANK
LIMITED
59™ 16™ ROAD
M1DRAND
1685
3. LUBNERS t/a
RELAYNT GROUP (PTY) LTD
38 ELSTON AVENUE
BENONI
JOHANNESBURG
2000
4. THE MOTOR FINANCE
CORPORATION
1ST FLOOR REGENT LIFE HOUSE
6E HERMAN ROAD CNR CORORICK ROAD MEADOWDALE