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[2010] ZANCT 35
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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:
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;
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