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[2010] ZANCT 33
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Van Biljon v Absa Bank Ltd and Others (NCT/ 362/2009/138 (1)(P)) [2010] ZANCT 33 (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/ 362/2009/138 (1)(P)
DATE:02/03/2010
In the matter between:
MAGDALINE CAROLINE VAN BILJON..........................................Applicant/Consumer
ID:...
and
ABSA BANK LIMITED...................................................1st Respondent/Credit Provider
AFRICAN BANK LIMITED............................................2nd Respondent/Credit Provider
CONSUMER FRIEND
(WOOLWORTHS ACCOUNT).....................................3rd Respondent/Credit Provider
EDCON (PTY) LIMITED
(JET STORES ACCOUNT) …......................................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
Annexure
IN
THE NATIONAL CONSUMER TRIBUNAL
HELD AT CENTURION
CASE NO.
In the matter between:
Magdaline Caroline van Biljon.........................................................Applicant/Consumer
Identity number:
and
Absa Bank Limited........................................................1st Respondent/Credit Provider
African Bank Limited.....................................................2nd Respondent/Credit Provider
Consumer Friend...........................................................3rd Respondent/Credit Provider
(Woolworths Account)
Edcon (Pty) Ltd..............................................................4th Respondent/Credit Provider
(Jet Store Account)
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 Ltd |
4038220141536013 |
14.00% |
R52.22 |
R1 430.81 |
38 months |
African Bank Ltd |
3077102004 |
33.50% |
R361.18 |
R10 339.29 |
45 months |
|
3077102003 |
31.00% |
R428.11 |
R11 049.82 |
42 months |
|
3077102002 |
28.00% |
R413.26 |
R9 031.37 |
35 months |
Edcon (Pty) Ltd |
7006600100003797 356 |
20.00% |
R30.37 |
R716.18 |
40 months |
Consumer Friend |
Woolworths Acc 6007850129866016 |
21.00% |
R73.33 |
R1 449.64 |
30 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.
Applicant/Consumer
TO:
THE REGISTRAR OF THE TRIBUNAL CENTURION
1. African Bank Limited 2. Absa Bank Limited
59 16th Road 3 The Crescent, Westway Office Park,
Midrand Westville
1685 4000
3. Edcon (Pty) Ltd 4. Consumer Friend
Edgardale Press Avenue 3 The Crescent, Westway Office Park
Crown Mines Westville
2025 4000