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Hollamby v African Bank Ltd and Others (NCT/ 476/2010/138 (1)(P)) [2010] ZANCT 38 (14 April 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 AT CENTURION



Case no: NCT/ 476/2010/138 (1)(P)

DATE:14/04/2010


In the matter between:


JACOBUS PETRUS HOLLAMBY ….................................................1st Applicant/Consumer

ID:


and

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

BLUE FINANCIAL SERVICES (PTY) LTD...........................2nd Respondent/Credit Provider

CONSUMER FRIEND..........................................................3rd Respondent/ Credit Provider
(Foschini account & RCS accounts)

EDCON (PTY) LTD ….........................................................4th Respondent / Credit Provider
(Edgars accounts)

STANDARD BANK OF SA LTD............................................5th Respondent/ Credit Provider


CONSENT ORDER



The Tribunal having read the papers filed of record and heard the Debt Counsellor, Mr A Strydom;

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 14th day of April 2010


ADV NEO SEPHOTI

PRESIDING MEMBER



IN THE NATIONAL CONSUMER TRIBUNAL
HELD AT CENTURION


CASE NO.


In the matter between:

Jacobus Petrus HoIIamby..................................................................1st Applicant/Consumer

Identity number:


AND


African Bank Limited..............................................................1st Respondent/Credit Provider

Blue Financial Services (Pty) Ltd..........................................2nd Respondent/Credit Provider

Edcon (Pty) Ltd......................................................................3rd Respondent/Credit Provider
(Edgars Account)

Consumer Friend...................................................................4th Respondent/Credit Provider
(Foschini and RCS Accounts)

Standard Bank of SA Limited.................................................5th 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 of2005;

b. The debt counsellor found that the consumer is experiencing difficulty satisfying all obligations under the credit agreement in a timely manner;

c. The debt counsellor recommended a restmcturing 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 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

African Bank Limited

7651617001

15,50%

R172.98

R8 140.69

53 months

Blue Financial Services (Pty) Ltd

12162101

15.50%

R400.00

R14 711.42

45 months

Edcon (Pty) Ltd

Edgars Acc

7000100100110090610

20.00%

Rl 14.00

R4 283.54

49 months

Consumer Friend

Foschini Acc 0012010000855515386

20.00%

R122.17

R5 728.ll

57 months


RCS Acc

0518020000108138535

11.00% ;

R350.00

R12 440.29

41 months

Standard Bank of S A Ltd

022149171

11.00%

R457.75

R38 401.52

65 months


022148892

8.00%

Rl 15.00

Rl 312.14

13 months



DATED at Centurion this the_day of_2010


REGISTRAR OF THE NATIONAL CONSUMER TRIBUNAL


Applicant/Consumer

Debt Counsellor on behalf of the Consumer


Dated at f_ on this t^b day of _2010


Applicant/Consumer TO:

THE REGISTRAR OF THE TRIBUNAL CENTURION


1. African Bank Limited

59 16th Road

Midrand

1685


2. Consumer Friend

3 The Crescent

Westway Office Park

Westville

4000


3. Edcon (Pty) Ltd

Edgardale Press Avenue

Crown Mines Building 10

2025


4. Blue Financial Services

(Pty) Ltd

Building 10

2025 Boardwalk Office Park

107 Haymeadow Street Faerie Glen, 0043


5. Standard Bank of SA Limited

Standard Bank Centre,

16th Floor

45 Commissioner Street

Johannesburg

2000