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[2010] ZANCT 38
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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:
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 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