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Mohlala v African Bank Ltd and Another (NCT/ 262/2009/138 (1)(P)) [2010] ZANCT 35 (12 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/ 262/2009/138 (1)(P)

DATE:12/03/2010


In the matter between:

MOHLALA NKOANA PHILLEMON.....................................................Applicant/Consumer

ID:

and

AFRICAN BANK LIMITED.................................................1st Respondent/Credit Provider

RCS PERSONAL LOANS (PTY) LTD............................. 2nd 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 12th day of March 2010.



PROF. BONKE DUMISA

PRESIDING MEMBER



Annexure “A”


IN THE NATIONAL CONSUMER TRIBUNAL
HELD AT CENTURION


Case No:


In the matter between:

NKOANA PHILLEMON MOHLALA......................................1st APPLICANT/CONSUMER

Identity number:

And

AFRICAN BANK LIMITED..................................1st RESPONDENT/CREDIT PROVIDER

RCS PERSONAL LOANS (PTY) LTD..............2ND 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 43 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 instalments 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 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 instalment by extending the payment period as indicated in Annexure "C"



Creditor

Reference

Annual Interest

New

Monthly

instalment

Balance

Estimated Period in Months

AFRICAN BANK LIMITED

75001034564

15.50%

R213.05

Rll 823.93

37

AFRICAN BANK LIMITED

3837861001

13.50%

, R601.21

R17 512.42

30

AFRICAN BANK LIMITED

3837861002

15.50%

R3,Q0.79

RIO 553.73

34

RCS PERSONAL LOANS (PTY) LTD

82426759

0.00%

R346.60

Rl 423.84

S



DATED at Centurion this the day of 2009



PRESIDING OFFICER


Consumer TO:

THE REGISTRAR OF THE TRIBUNAL CENTURION

AFRICAN BANK LIMITED

59 16th ROAD

MIDRAND

1685


RCS PERSONAL LOANS (PTY)LTD

GROUND FLOOR

LIBERTY GRANDE BUILDING

CNR VOORTREKKER ROAD & VANGAURD DRIVE

GOODWOOD

PARROW EAST