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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;

  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:

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