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Goosen v Absa Bank Ltd and Others (NCT/429/2009/138 (1)(P)) [2010] ZANCT 30 (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/429/2009/138 (1)(P)

DATE:02/03/2010


In the matter between:


GIDEON JACOBS GOOSEN.......................................................1st Applicant/Consumer

ID:

and

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

FIRST NATIONAL BANK.................................................2nd Respondent/Credit Provider

STANDARD BANK OF SOUTH AFRICA LIMITED......3rd Respondent/Credit Provider

SANLAM PERSONAL LOANS (PTY) LIMITED.............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:

Gideon Jacobus Goosen....................................................................Applicant/Consumer

Identity number:


and

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

First National Bank..........................................................2nd Respondent/Credit Provider

Standard Bank of SA Limited...........................................3rd Respondent/Credit Provider

Sanlam Personal Loans (Pty) Ltd …................................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

4047426700

3.00%

R392.79

R23 745.70

59 months

Limited

 

 

 

 

 

 

4787690007757031

7.00%

R700.00

R40 869.30

61 months

 

8063156812

8.75%

R4 940.29

R1 007 434.44

156 months

 

71764970

1.00%

R1 419.23

R73 458.50

50 months

 

73875973

7.00%

R2 200.21

R107 468.56

53 months

Standard Bank of SA Ltd

Blue Bean Credit Card

5120550301046544

12.50%

R567.80

R31 683.30

65 months

First National Bank

4303430013988000

13.50%

R600.30

R26 083.65

56 months

Sanlam Personal Loans (Pty) Ltd

BAU72868B

0.00%

R350.00

R22 478.88

58 months



DATED at Centurion this the day of 2009

REGISTRAR OF THE NATIONAL CONSUMER TRIBUNAL



Applicant/Consumer

Debt Counsellor on behalf of the Consumer



Date&at: Sasolburg .on this 7 day of December 2009.



Applicant/Consumer

THE REGISTRAR OF THE TRIBUNAL CENTURION



1. ABSA Bank Limited 2. Standard Bank of SA Ltd

(Consumer Friend) Standard Bank Centre, 16th Floor,

3 The Crescent, Westway Office Park 45 Commissioner Street

Westville, 4000 Johannesburg, 2000



3. Sanlam Personal Loans (Pty) Ltd 4. First National Bank
DA Campus
27 Diagonal Street

De Waal Weg 108 Johannesburg

Dieprivier 2001

7800