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[2010] ZANCT 31
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Kubelo and Another v Absa Bank Ltd and Others (NCT/ 363/2009/138 (1)(P)) [2010] ZANCT 31 (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/ 363/2009/138 (1)(P)
DATE:02/03/2010
In the matter between:
JOHN LENTILE KUBELO.............................................................1st Applicant/Consumer
ID:
KELEBOGILE MARIA KUBELO...................................................2nd Applicant/Consumer
ID:
and
ABSA BANK LIMITED.......................................................1st Respondent/Credit Provider
JDG TRADING FINANCIAL SERVICES (BRADLAWS ACCOUNT)
2nd Respondent/Credit Provider
CONSUMER FRIEND (FOSHINI, TRUWORTHS
AND WOOLWORTHS ACCOUNTS)...............................3rd Respondent/Credit Provider
STANDARD BANK 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:
John Lentikile Kubelo....................................................................1st Applicant/Consumer
Identity number: ...
and
Kelebogile Maria Kubelo..............................................................2nd Applicant/Consumer
Identity number:
AND
Absa Bank Limited.........................................................1st Respondent/Credit Provider
JDG Trading Financial Services......................................2nd Respondent/Credit Provider
Consumer Friend..............................................................3rd Respondent/Credit Provider
(Foschini, Truworths and Woolworths Account)
Standard Bank of SA 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;
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 Ltd |
76228316 |
7.00% |
R1 500.00 |
R85 921.41 |
59 months |
JDG Trading Financial Services |
353-22375-04 |
21.00% |
R200.00 |
R5 483.32 |
41 months |
Consumer |
Foschini |
|
|
|
|
Friend |
57443467 Truworths |
21.00% |
R50.00 |
R1 382.40 |
45 months |
|
10100172115384 |
21.00% |
RR50.00 |
R650.85 |
21 months |
|
Truworths 10120102074274 |
21.00% |
R50.00 |
RR775.32 |
25 months |
|
Woolworths 600785014910285 |
21.00% |
R40.00 |
R617.31 |
25 months |
Standard Bank of SA Ltd |
5221266462379339 |
12.50% |
R301.20 |
R12 561.96 |
52 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 on this day of 2009.
1st Applicant/Consumer 2nd Applicant/Consumer
TO:
THE REGISTRAR OF THE TRIBUNAL CENTURION
1. JDG Trading Financial Services 2. Absa Bank Limited
300 Kent Avenue 3 The Crescent, Westway Office Park,
Randburg Westville
2194 4000
3. Consumer Friend 4. Standard Bank of SA Ltd
3 The Crescent, Westway Office Park Standard Bank Centre, 16th Floor
Westville 45 Commissioner Street
4000 Johannesburg
2000