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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:

  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 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