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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;

  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



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