South Africa: National Consumer Tribunal

You are here:
SAFLII >>
Databases >>
South Africa: National Consumer Tribunal >>
2010 >>
[2010] ZANCT 30
| Noteup
| LawCite
Goosen v Absa Bank Ltd and Others (NCT/429/2009/138 (1)(P)) [2010] ZANCT 30 (2 March 2010)
Download original files |
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;
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:
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:
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 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